[Rev. 3/18/2013 2:03:24 PM]

Link to Page 674

 

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ê1997 Statutes of Nevada, Page 675 (Chapter 203, SB 359)ê

 

      (h) Collect all returns, programs, testing materials, ballots and other items used in the election at the computer center and package and deliver the items to the county clerk for sealing and storage.

      Sec. 77.  Section 14 of chapter 724, Statutes of Nevada 1995, at page 2799, is hereby amended to read as follows:

       Sec. 14.  NRS 630A.170 is hereby amended to read as follows:

       630A.170  1.  The board shall procure a seal.

       2.  In addition to the requirements of NRS 630A.300, all certificates issued by the board must bear the seal of the board and the signatures of its president and secretary-treasurer.

      Sec. 78.  This act becomes effective upon passage and approval.

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CHAPTER 204, AB 236

Assembly Bill No. 236–Committee on Ways and Means

CHAPTER 204

AN ACT making an appropriation to the Office of the Governor for computer upgrades and office furniture; and providing other matters properly relating thereto.

 

[Approved June 26, 1997]

 

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 $81,470 for computer upgrades and office furniture.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, 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, 1997, whichever occurs earlier.

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ê1997 Statutes of Nevada, Page 676ê

 

CHAPTER 205, AB 287

Assembly Bill No. 287–Committee on Government Affairs

CHAPTER 205

AN ACT relating to counties; requiring a board of county commissioners to provide a property owner with notice, a hearing and an appeal before recovering expenses incurred by the county for the abatement of certain conditions on the property; and providing other matters properly relating thereto.

 

[Approved June 26, 1997]

 

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

 

      Section 1.  NRS 244.3605 is hereby amended to read as follows:

      244.3605  1.  [The] Notwithstanding the provisions of NRS 244.360 and 244.3601, the board of county commissioners of a county may adopt by ordinance [any reasonable means to recover money expended by the county for labor and materials used to:] procedures pursuant to which the board or its designee may order an owner of property within the county to:

      (a) Repair, safeguard or demolish a dangerous structure;

      (b) Clear debris, rubbish and refuse which is not subject to the provisions of chapter 459 of NRS; or

      (c) Clear weeds and noxious plant growth,

in order to protect the public health, safety and welfare of the residents of the county.

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Contain procedures pursuant to which the owner of the property is:

             (1) Sent notice, by registered or certified mail, return receipt requested, of the existence on his property of a condition set forth in subsection 1 and the date by which he must abate the condition; and

             (2) Afforded an opportunity for a hearing before the designee of the board and an appeal of that decision to the board.

      (b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision and for the period during which the owner appeals that decision.

      (c) Provide the manner in which the county will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.

      3.  The board or its designee may direct the county to abate the condition on the property and may recover the amount expended by the county for labor and materials used to abate the condition if:

      (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition on his property within the period specified in the notice.

      (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition within the period specified in the order.


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ê1997 Statutes of Nevada, Page 677 (Chapter 205, AB 287)ê

 

      (c) The board has denied the appeal of the owner and the owner has failed to abate the condition within the period specified in the order.

      4.  In addition to any other reasonable means of recovering money [so expended,] expended by the county to abate the condition, the board may provide that the expense is a lien upon the property upon which such a condition is located. The lien must be perfected by:

      (a) Mailing by registered or certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and

      (b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.

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

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

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CHAPTER 206, SB 192

Senate Bill No. 192–Committee on Human Resources and Facilities

CHAPTER 206

AN ACT relating to crimes; making certain acts relating to the mutilation of female genitalia unlawful; providing a penalty; requiring the state board of health to study methods of educating the public about the mutilation of female genitalia; and providing other matters properly relating thereto.

 

[Approved June 26, 1997]

 

      Whereas, Approximately 130,000,000 females worldwide are at risk of having their genitalia mutilated; and

      Whereas, The genitalia of 6,000 females worldwide are mutilated each day; and

      Whereas, One hundred fifty thousand females in the United States have had or are at risk of having their genitalia mutilated; and

      Whereas, The State of Nevada has a compelling interest in protecting females from having their genitalia mutilated; now, therefore,

 

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

 

      Section 1.  NRS 432B.100 is hereby amended to read as follows:

      432B.100  “Sexual abuse” includes acts upon a child constituting:

      1.  Incest under NRS 201.180;

      2.  Lewdness with a child under NRS 201.230;

      3.  Annoyance or molestation of a child under NRS 207.260;

      4.  Sado-masochistic abuse under NRS 201.262;

      5.  Sexual assault under NRS 200.366;

      6.  Statutory sexual seduction under NRS 200.368; [and]


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ê1997 Statutes of Nevada, Page 678 (Chapter 206, SB 192)ê

 

      7.  Open or gross lewdness under NRS 201.210 [.] ; and

      8.  Mutilation of the genitalia of a female child, aiding, abetting, encouraging or participating in the mutilation of the genitalia of a female child, or removal of a female child from this state for the purpose of mutilating the genitalia of the child under section 2 of this act.

      Sec. 2.  Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who willfully:

      (a) Mutilates, or aids, abets, encourages or participates in the mutilation of, the genitalia of a female child; or

      (b) Removes a female child from this state for the purpose of mutilating the genitalia of the child,

is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      2.  It is not a defense that:

      (a) The person engaging in the conduct prohibited by subsection 1 believes that the conduct is necessary or appropriate as a matter of custom, ritual or standard practice; or

      (b) The child, the parent or legal guardian of the child, or another person legally responsible for the child has consented to the conduct prohibited by subsection 1.

      3.  As used in this section:

      (a) “Child” means a person who is under 18 years of age.

      (b) “Mutilates the genitalia of a female child” means the removal or infibulation in whole or in part of the clitoris, vulva, labia major or labia minor for nonmedical purposes.

      Sec. 3.  The state board of health shall, in cooperation with the University of Nevada School of Medicine:

      1.  Study methods of educating the public about the issue of the mutilation of female genitalia; and

      2.  Not later than the fifth calendar day of the next regular session of the legislature, submit to the legislature a report detailing any findings and recommendations concerning methods of educating the public about the issue of the mutilation of female genitalia.

      Sec. 4.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 5.  The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.

      Sec. 6.  This act becomes effective upon passage and approval.

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ê1997 Statutes of Nevada, Page 679ê

 

CHAPTER 207, SB 244

Senate Bill No. 244–Committee on Commerce and Labor

CHAPTER 207

AN ACT relating to the regulation of health care; expanding the scope of certain provisions governing health care records; revising provisions governing proceedings before the board of medical examiners; revising provisions governing the investment of certain money received by the board; making various changes regarding the licensure of physicians and physicians’ assistants; revising the fees that may be charged by the board; revising provisions governing disciplinary actions by the board; making various changes concerning prescriptions; and providing other matters properly relating thereto.

 

[Approved June 26, 1997]

 

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

 

      Section 1.  NRS 629.031 is hereby amended to read as follows:

      629.031  1.  “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed marriage and family therapist, chiropractor, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist or a licensed hospital as the employer of any such person.

      2.  For the purposes of NRS 629.051, 629.061 and 629.065, the term includes a facility that maintains the health care records of patients.

      Sec. 2.  Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a person, in a proceeding before the board:

      (a) Disobeys or resists a lawful order of the board;

      (b) Refuses to take an oath or affirmation as a witness before the board;

      (c) Refuses to be examined before the board; or

      (d) Engages in conduct during a hearing or so near the place thereof as to obstruct the proceeding,

the board may certify the facts to the district court of the county in which the proceeding is being conducted. Such a certification operates as a stay of all related disciplinary proceedings before the board. The court shall issue an order directing the person to appear before the court and show cause why he should not be held in contempt.

      2.  A copy of the statement of the board and the order of the district court issued pursuant to subsection 1 must be served on the person. Thereafter, the court has jurisdiction of the matter.

      3.  The same proceedings must be had, the same penalties may be imposed and the person may purge himself of the contempt in the same way as in the case of a person who has committed a contempt in the trial of a civil action.

      Sec. 3.  NRS 630.015 is hereby amended to read as follows:

      630.015  “Physician’s assistant” means a person who is a graduate of an academic program approved by the board or who, by general education, practical training and experience determined to be satisfactory by the board, is qualified to perform medical services under the supervision of a supervising physician and who has been issued a [certificate] license by the board.


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ê1997 Statutes of Nevada, Page 680 (Chapter 207, SB 244)ê

 

practical training and experience determined to be satisfactory by the board, is qualified to perform medical services under the supervision of a supervising physician and who has been issued a [certificate] license by the board.

      Sec. 4.  NRS 630.025 is hereby amended to read as follows:

      630.025  “Supervising physician” means an active physician licensed in the State of Nevada who cosigns the application for [certification] licensure of a physician’s assistant and who employs and supervises the physician’s assistant.

      Sec. 5.  NRS 630.110 is hereby amended to read as follows:

      630.110  1.  Out of the money coming into the possession of the board, each member and advisory member of the board is entitled to receive:

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

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

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

      3.  Expenses of the board and the expenses and salaries of its members and employees must be paid from the fees received by the board pursuant to the provisions of this chapter, and no part of the salaries or expenses of the board may be paid out of the state general fund or from the penalties imposed by the board pursuant to this chapter.

      4.  All money received by the board from:

      (a) Fees must be deposited in financial institutions in this state which are federally insured [.] , invested in treasury bills or notes of the United States, deposited in institutions in this state whose business is the making of investments or invested as authorized by NRS 355.140.

      (b) Penalties must be deposited with the state treasurer for credit to the state general fund.

      Sec. 6.  NRS 630.120 is hereby amended to read as follows:

      630.120  1.  The board shall procure a seal.

      2.  All licenses issued to physicians and [certificates issued to] physicians’ assistants must bear the seal of the board and the signatures of its president and secretary-treasurer.

      Sec. 7.  NRS 630.160 is hereby amended to read as follows:

      630.160  1.  Every person desiring to practice medicine must, before beginning to practice, procure from the board a license authorizing him to practice.

      2.  Except as otherwise provided in NRS 630.161 or 630.164, a license may be issued to any person who:

      (a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (b) Has received the degree of Doctor of Medicine from a medical school:


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ê1997 Statutes of Nevada, Page 681 (Chapter 207, SB 244)ê

 

             (1) Approved by the Liaison Committee [for] on Medical Education of the American Medical Association and [American] Association of American Medical Colleges; or

             (2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee [for] on Medical Education ; [,

which he attended for a total of 2 years immediately preceding the granting of the degree;]

      (c) Has passed:

             (1) All parts of the examination given by the National Board of Medical Examiners;

             (2) All parts of the Federation Licensing Examination;

             (3) All parts of the United States Medical Licensing Examination;

             (4) All parts of a licensing examination given by any state or territory of the United States, if the applicant is certified by a specialty board of the American Board of Medical Specialties; [or]

             (5) All parts of the examination to become a licentiate of the Medical Council of Canada; or

             (6) Any combination of the examinations specified in subparagraphs (1), (2) and (3) that the board determined to be sufficient;

      (d) Has completed 3 years of:

             (1) Graduate education as a resident in the United States or Canada in a program approved by the board, the Accreditation Council for Graduate Medical Education of the American Medical Association or the Coordinating Council of Medical Education of the Canadian Medical Association; or

             (2) Fellowship training in the United States or Canada approved by the board or the Accreditation Council for Graduate Medical Education; and

      (e) [Appears personally before the board and satisfactorily passes] Passes a written or oral examination, or both, as to his qualifications to practice medicine and provides the board with a description of the clinical program completed demonstrating that the applicant’s clinical training met the requirements of paragraph (b) of this subsection.

      Sec. 8.  NRS 630.165 is hereby amended to read as follows:

      630.165  1.  [Any] An applicant for a license to practice medicine [shall] must submit to the board, on a form provided by the board, an application in writing, accompanied by an affidavit stating that:

      (a) The applicant is the person named in the proof of graduation and that it was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

      (b) The information contained in the application and any accompanying material are complete and correct.

      2.  In addition to the other requirements for licensure, the board may require such further evidence of the mental, physical, medical or other qualifications of the applicant as it considers necessary.

      3.  The applicant bears the burden of proving and documenting his qualifications for licensure.


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ê1997 Statutes of Nevada, Page 682 (Chapter 207, SB 244)ê

 

      [4.  If an applicant does not appear for two consecutive examinations after receiving notification by the board that his application is complete, the board shall reject the application.]

      Sec. 9.  NRS 630.253 is hereby amended to read as follows:

      630.253  The board shall, as a prerequisite for the:

      1.  Renewal of a [certificate] license as a physician’s assistant; or

      2.  Biennial registration of the holder of a license to practice medicine,

require each holder to comply with the requirements for continuing education adopted by the board. These requirements may provide for the completion of one or more courses of instruction relating to risk management in the performance of medical services.

      Sec. 10.  NRS 630.255 is hereby amended to read as follows:

      630.255  1.  Any licensee who changes the location of his practice of medicine from this state to another state or country, has never engaged in the practice of medicine in this state after licensure or has ceased to engage in the practice of medicine in this state for 12 consecutive months [must] may be placed on inactive status [.] by order of the board.

      2.  Before resuming the practice of medicine in this state, the inactive registrant [shall:] must:

      (a) Notify the board of his intent to resume the practice of medicine in this state;

      (b) File an affidavit with the board describing his activities during the period of his inactive status;

      (c) Complete the form for registration for active status;

      (d) Pay the applicable fee for biennial registration; and

      (e) Satisfy the board of his competence to practice medicine.

      3.  If the board determines that the conduct or competence of the registrant during the period of inactive status would have warranted denial of an application for a license to practice medicine in this state, the board may refuse to place the registrant on active status.

      Sec. 11.  NRS 630.271 is hereby amended to read as follows:

      630.271  1.  A physician’s assistant may perform such medical services as he is authorized to perform pursuant to the terms of a [certificate] license issued to him by the board, if those services are rendered under the supervision and control of a supervising physician.

      2.  The board shall limit the authority of a physician’s assistant to prescribe controlled substances to those schedules of controlled substances which his supervising physician is authorized to prescribe pursuant to state and federal law.

      Sec. 12.  NRS 630.273 is hereby amended to read as follows:

      630.273  [1.]  The board may issue a [certificate] license to an applicant who is qualified under the regulations of the board to perform medical services under the supervision of a supervising physician. The application for a [certificate] license as a physician’s assistant must be cosigned by the supervising physician . [, and the certificate is valid only so long as that supervising physician employs and supervises the physician’s assistant.


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ê1997 Statutes of Nevada, Page 683 (Chapter 207, SB 244)ê

 

      2.  A supervising physician shall not cosign for, employ or supervise more than one physician’s assistant at the same time, except that in a township whose population is less than 16,000, he may supervise two physician’s assistants at the same time.]

      Sec. 13.  NRS 630.274 is hereby amended to read as follows:

      630.274  1.  A physician’s assistant may, [under his certificate,] pursuant to his license, be supervised by an osteopathic physician licensed in this state in place of his supervising physician if:

      (a) The physician’s assistant works in a geographical area where he can be conveniently supervised only by an osteopathic physician;

      (b) The physician’s assistant remains in the employ of his supervising physician;

      (c) The supervising physician and the osteopathic physician agree to the arrangement; and

      (d) The board of medical examiners and the board of osteopathic medicine approve it.

      2.  For the purposes of chapter 633 of NRS, a physician’s assistant so supervised is not an osteopathic physician’s assistant and is not practicing osteopathic medicine solely because of that supervision.

      3.  The board shall adopt jointly with the board of osteopathic medicine regulations necessary to administer the provisions of this section.

      Sec. 14.  NRS 630.275 is hereby amended to read as follows:

      630.275  The board shall adopt regulations regarding the [certification] licensure of a physician’s assistant, including, but not limited to:

      1.  The educational and other qualifications of applicants.

      2.  The required academic program for applicants.

      3.  The procedures for applications for and the issuance of [certificates.] licenses.

      4.  The tests or examinations of applicants by the board.

      5.  The medical services which a physician’s assistant may perform, except that he may not perform those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, podiatric physicians and optometrists under chapters 631, 634, 635 and 636, respectively, of NRS, or as hearing aid specialists.

      6.  The duration, renewal and termination of [certificates.] licenses.

      7.  The grounds and procedures respecting disciplinary actions against physicians’ assistants.

      8.  The supervision of medical services of a physician’s assistant by a supervising physician.

      Sec. 15.  NRS 630.290 is hereby amended to read as follows:

      630.290  1.  The board shall charge and collect not more than the following fees:

 

For application for and issuance of a license by written examination, in addition to the actual cost to the board of the examination............................ [$400]         $600

For application for and issuance of a temporary, locum tenens, limited, restricted or special license........................................................................................             300

For renewal of a limited, restricted or special license....................... [50] 200 For application for and issuance of a [certificate] license as a physician’s assistant.......................................... [200]        300

 


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ê1997 Statutes of Nevada, Page 684 (Chapter 207, SB 244)ê

 

For application for and issuance of a [certificate] license as a physician’s assistant      [200]    300

For renewal of a [certificate] license as a physician’s assistant.. [100]           300

For biennial registration..................................................................... [600]           800

For biennial registration for a physician who is retired, on inactive status or not practicing medicine in Nevada............................................................             200

[For the administration of the Federation Licensing Examination the United States Medical Licensing Examination...........................................................             400

For the administration of any one part of the Federation Licensing Examination              200

For re-examination of the Federation Licensing Examination................             200

For the administration of any one part of the Federation Licensing Examination as a courtesy to a person who is applying for licensure in another state                     200]

For written verification of licensure..........................................................               50

For a duplicate identification card.............................................................               25

For a duplicate license.................................................................................               50

For computer printouts or labels......................................................... [50]           300

For verification of a listing of physicians, per hour................................               20

For furnishing [a directory of physicians to a person who is not licensed pursuant to this chapter.............................................................................................               10

For furnishing] a list of new physicians [to a person who is not in the medical profession]....................................................................................... [30]             50

 

      2.  In addition to the fees prescribed in subsection 1, the board shall charge and collect:

      (a) A fee to reimburse it for the cost of the [Federation Licensing Examination or the] United States Medical Licensing Examination; and

      (b) Necessary and reasonable fees for its other services.

      3.  The cost of any special meeting called at the request of a licensed physician, institution, organization, state agency or applicant for licensure must be paid for by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting it has paid a cash deposit with the board sufficient to defray all expenses of the meeting.

      Sec. 16.  NRS 630.301 is hereby amended to read as follows:

      630.301  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      1.  Conviction of a felony, any offense involving moral turpitude or any offense relating to the practice of medicine or the ability to practice medicine. A plea of nolo contendere is a conviction for the purposes of this subsection.

      2.  Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to 616D.440, inclusive.


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ê1997 Statutes of Nevada, Page 685 (Chapter 207, SB 244)ê

 

      3.  The suspension, modification or limitation of the license to practice any type of medicine by any other jurisdiction or the surrender of the license or discontinuing the practice of medicine while under investigation by any licensing authority, a medical facility, a branch of the armed services of the United States, an insurance company, an agency of the Federal Government or an employer.

      4.  [Gross or repeated malpractice,] Malpractice, which may be evidenced by claims [of malpractice] settled against a practitioner.

      5.  The engaging by a practitioner in any sexual activity with a patient who is currently being treated by the practitioner.

      Sec. 17.  NRS 630.352 is hereby amended to read as follows:

      630.352  1.  Any member of the board, except for an advisory member serving on a panel of the board hearing charges, may participate in the final order of the board. If the board, after a formal hearing, determines from [clear and convincing] a preponderance of the evidence that a violation of the provisions of this chapter or of the regulations of the board has occurred, it shall issue and serve on the physician charged an order, in writing, containing its findings and any sanctions.

      2.  If the board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the physician that the charges have been dismissed. If the disciplinary proceedings were instituted against the physician as a result of a complaint filed against him, the board may provide the physician with a copy of the complaint, including the name of the person, if any, who filed the complaint.

      3.  Except as otherwise provided in subsection 4, if the board finds that a violation has occurred, it may by order:

      (a) Place the person on probation for a specified period on any of the conditions specified in the order;

      (b) Administer to him a public reprimand;

      (c) Limit his practice or exclude one or more specified branches of medicine from his practice;

      (d) Suspend his license for a specified period or until further order of the board;

      (e) Revoke his license to practice medicine;

      (f) Require him to participate in a program to correct alcohol or drug dependence or any other impairment;

      (g) Require supervision of his practice;

      (h) Impose a fine not to exceed $5,000;

      (i) Require him to perform public service without compensation;

      (j) Require him to take a physical or mental examination or an examination testing his competence; [and]

      (k) Require him to fulfill certain training or educational requirements [.] ; and

      (l) Require him to pay all costs incurred by the board relating to his disciplinary proceedings.

      4.  If the board finds that the physician has violated the provisions of NRS 439B.425, the board shall suspend his license for a specified period or until further order of the board.


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ê1997 Statutes of Nevada, Page 686 (Chapter 207, SB 244)ê

 

      Sec. 18.  NRS 630.400 is hereby amended to read as follows:

      630.400  A person who:

      1.  Presents to the board as his own the diploma, license or credentials of another;

      2.  Gives either false or forged evidence of any kind to the board;

      3.  Practices medicine under a false or assumed name or falsely personates another licensee;

      4.  Except as otherwise provided by specific statute, practices medicine without being licensed under this chapter;

      5.  Holds himself out as a physician’s assistant or who uses any other term indicating or implying that he is a physician’s assistant without being [certified] licensed by the board; or

      6.  Uses the title M.D., when not licensed by the board pursuant to this chapter, unless otherwise authorized by a specific statute,

is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 19.  NRS 632.473 is hereby amended to read as follows:

      632.473  1.  A nurse licensed pursuant to the provisions of this chapter, while working at an institution of the department of prisons, may treat patients, including the administration of a dangerous drug, poison or related device, pursuant to orders given by a physician’s assistant if those orders are given pursuant to a protocol approved by the board of medical examiners and the supervising physician. The orders must be cosigned by the supervising physician or another physician within 72 hours after treatment.

      2.  A copy of the protocol under which orders are given by a physician’s assistant must be available at the institution for review by the nurse.

      3.  This section does not authorize a physician’s assistant to give orders for the administration of any controlled substance.

      4.  For the purposes of this section:

      (a) “Physician’s assistant” means a physician’s assistant [certified] licensed by the board of medical examiners pursuant to chapter 630 of NRS who:

             (1) Is employed at an institution of the department of prisons;

             (2) Has been awarded a bachelor’s degree from a college or university recognized by the board of medical examiners; and

             (3) Has received at least 40 hours of instruction regarding the prescription of medication as a part of either his basic educational qualifications or a program of continuing education approved by the board of medical examiners.

      (b) “Protocol” means the written directions for the assessment and management of specified medical conditions, including the drugs and devices the physician’s assistant is authorized to order, which the physician’s assistant and the supervision have agreed upon as a basis for their practice.

      (c) “Supervising physician” has the meaning ascribed to it in NRS 630.025.


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ê1997 Statutes of Nevada, Page 687 (Chapter 207, SB 244)ê

 

      Sec. 20.  NRS 639.0125 is hereby amended to read as follows:

      639.0125  “Practitioner” means:

      1.  A physician, dentist, veterinarian or podiatric physician who holds a valid license to practice his profession in this state;

      2.  A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state;

      3.  An advanced practitioner of nursing who has been authorized to prescribe poisons, dangerous drugs and devices; or

      4.  A physician’s assistant who:

      (a) Holds a [certificate] license issued by the board of medical examiners or certificate issued by the state board of osteopathic medicine; and

      (b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician or osteopathic physician as required by chapter 630 or 633 of NRS.

      Sec. 21.  NRS 639.0745 is hereby amended to read as follows:

      639.0745  1.  The board may adopt regulations concerning:

      (a) The transfer of information between pharmacies relating to prescriptions.

      (b) The electronic transmission and the transmission by a facsimile machine of a prescription from a practitioner to a pharmacist for the dispensing of a drug.

      2.  The board shall adopt regulations governing the exchange of information between pharmacists and practitioners relating to prescriptions filled by the pharmacists for persons who are suspected of:

      (a) Misusing prescriptions to obtain excessive amounts of drugs.

      (b) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person.

The pharmacists and practitioners shall maintain the confidentiality of the information exchanged pursuant to this subsection.

      Sec. 22.  NRS 639.1373 is hereby amended to read as follows:

      639.1373  1.  A physician’s assistant may, if authorized by the board, possess, administer, prescribe or dispense controlled substances, or possess, administer, prescribe or dispense poisons, dangerous drugs or devices in or out of the presence of his supervising physician only to the extent and subject to the limitations specified in the physician’s assistant’s certificate as issued by the board.

      2.  Each physician’s assistant who is authorized by his physician’s assistant’s [certificate] license issued by the board of medical examiners or certificate issued by the state board of osteopathic medicine to possess, administer, prescribe or dispense controlled substances, or to possess, administer, prescribe or dispense poisons, dangerous drugs or devices must apply for and obtain a registration certificate from the board, pay a fee to be set by regulations adopted by the board and pass an examination administered by the board on the law relating to pharmacy before he can possess, administer, prescribe or dispense controlled substances, or possess, administer, prescribe or dispense poisons, dangerous drugs or devices.


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ê1997 Statutes of Nevada, Page 688 (Chapter 207, SB 244)ê

 

possess, administer, prescribe or dispense controlled substances, or possess, administer, prescribe or dispense poisons, dangerous drugs or devices.

      3.  The board shall consider each application separately and may, even though the physician’s assistant’s [certificate] license issued by the board of medical examiners or the certificate issued by the state board of osteopathic medicine authorizes the physician’s assistant to possess, administer, prescribe or dispense controlled substances, or to possess, administer, prescribe or dispense poisons, dangerous drugs and devices:

      (a) Refuse to issue a registration certificate;

      (b) Issue a registration certificate limiting the physician’s assistant’s authority to possess, administer, prescribe or dispense controlled substances, or to possess, administer, prescribe or dispense poisons, dangerous drugs or devices, the area in which the physician’s assistant may possess controlled substances, poisons, dangerous drugs and devices, or the kind and amount of controlled substances, poisons, dangerous drugs and devices; or

      (c) Issue a registration certificate imposing other limitations or restrictions which the board feels are necessary and required to protect the health, safety and welfare of the public.

      4.  If the registration of the physician’s assistant is suspended or revoked, the physician’s controlled substance registration may also be suspended or revoked.

      5.  The board shall adopt regulations controlling the maximum amount to be administered, possessed and dispensed, and the storage, security, recordkeeping and transportation of controlled substances and the maximum amount to be administered, possessed, prescribed and dispensed and the storage, security, recordkeeping and transportation of poisons, dangerous drugs and devices by physicians’ assistants. In the adoption of those regulations, the board shall consider, but is not limited to, the following:

      (a) The area in which the physician’s assistant is to operate;

      (b) The population of that area;

      (c) The experience and training of the physician’s assistant;

      (d) The distance to the nearest hospital and physician; and

      (e) The effect on the health, safety and welfare of the public.

      6.  For the purposes of this section, the term “physician’s assistant” includes an osteopathic physician’s assistant and the term “supervising physician” includes an employing osteopathic physician as defined in chapter 633 of NRS.

      Sec. 23.  NRS 639.2353 is hereby amended to read as follows:

      639.2353  1.  A prescription must be given:

      (a) Directly from the practitioner to a pharmacist;

      (b) Indirectly by means of an order signed by the practitioner; [or]

      (c) By an oral order transmitted by an agent of the practitioner [.] ; or

      (d) By electronic transmission or transmission by a facsimile machine pursuant to the regulations of the board.

      2.  A written prescription must contain:


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ê1997 Statutes of Nevada, Page 689 (Chapter 207, SB 244)ê

 

      (a) The name and signature of the practitioner, and his address if not immediately available to the pharmacist;

      (b) The classification of his license;

      (c) His registration number assigned by the Drug Enforcement Administration if the prescription is for a controlled substance;

      (d) The name of the patient, and his address if not immediately available to the pharmacist;

      (e) The name, strength and quantity of the drug or drugs prescribed;

      (f) Directions for use; and

      (g) The date of issue.

      3.  The directions for use must be specific in that they indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

      4.  Each written prescription must be written in such a manner that any registered pharmacist would be able to dispense it. A prescription must be written in Latin or English and may include any character, figure, cipher or abbreviation which is generally used by pharmacists and practitioners in the writing of prescriptions.

      Sec. 24.  NRS 652.210 is hereby amended to read as follows:

      652.210  No person other than a licensed physician, a licensed practical nurse, a registered nurse, a licensed or certified physician’s assistant, a certified intermediate emergency medical technician, a certified advanced emergency medical technician or a licensed dentist may manipulate a person for the collection of specimens, except that technical personnel of a laboratory may collect blood, remove stomach contents, perform certain diagnostic skin tests or field blood tests or collect material for smears and cultures.

      Sec. 25.  NRS 244.1605 is hereby amended to read as follows:

      244.1605  The boards of county commissioners may:

      1.  Establish, equip and maintain limited medical facilities in the outlying areas of their respective counties to provide outpatient care and emergency treatment to the residents of and those falling sick or being injured or maimed in those areas.

      2.  Provide a full-time or part-time staff for the facilities which may include a physician, a [certified] licensed physician’s assistant, a registered nurse or a licensed practical nurse, a certified emergency medical technician and such other personnel as the board deems necessary or appropriate to ensure adequate staffing commensurate with the needs of the area in which the facility is located.

      3.  Fix the charges for the medical and nursing care and medicine furnished by the facility to those who are able to pay for them, and to provide that care and medicine free of charge to those persons who qualify as medical indigents under the county’s criteria of eligibility for medical care.

      4.  Purchase, equip and maintain, either in connection with a limited medical facility as authorized in this section or independent therefrom, ambulances and ambulance services for the benefit of the residents of and those falling sick or being injured or maimed in the outlying areas.


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ê1997 Statutes of Nevada, Page 690 (Chapter 207, SB 244)ê

 

ambulances and ambulance services for the benefit of the residents of and those falling sick or being injured or maimed in the outlying areas.

      Sec. 26.  NRS 450B.160 is hereby amended to read as follows:

      450B.160  1.  The health authority may issue licenses to attendants and to firemen employed by or serving as volunteers with a fire-fighting agency.

      2.  Each license must be evidenced by a card issued to the holder of the license, is valid for a period not to exceed 2 years and is renewable.

      3.  An applicant for a license must file with the health authority:

      (a) A current, valid certificate evidencing his successful completion of a program or course for training in emergency medical technology, if he is applying for a license as an attendant, or, if a volunteer attendant, at a level of skill determined by the board.

      (b) A current valid certificate evidencing his successful completion of a program for training as an intermediate emergency medical technician or advanced emergency medical technician if he is applying for a license as a fireman with a fire-fighting agency.

      (c) A signed statement showing:

             (1) His name and address;

             (2) His employer’s name and address; and

             (3) A description of his duties.

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

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

      5.  Each operator of an ambulance or air ambulance and each fire-fighting agency shall annually file with the health authority a complete list of the licensed persons in its service.

      6.  Licensed physicians, registered nurses and [certified] licensed physicians’ assistants may serve as attendants without being licensed under the provisions of this section. A registered nurse who performs advanced emergency care in an ambulance or air ambulance must perform the care in accordance with the regulations of the state board of nursing. A [certified] licensed physician’s assistant who performs advanced emergency care in an ambulance or air ambulance must perform the care in accordance with the regulations of the state board of medical examiners.

      7.  Each licensed physician, registered nurse and [certified] licensed physician’s assistant who serves as an attendant must have current certification of completion of training in:

      (a) Advanced life-support procedures for patients who require cardiac care;

      (b) Life-support procedures for pediatric patients who require cardiac care; or

      (c) Life-support procedures for patients with trauma that are administered before the arrival of those patients at a hospital.

The certification must be issued by the board of medical examiners for a physician or [certified] licensed physician’s assistant or by the state board of nursing for a registered nurse.


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ê1997 Statutes of Nevada, Page 691 (Chapter 207, SB 244)ê

 

      8.  The board of medical examiners and the state board of nursing shall issue a certificate pursuant to subsection 7 if the licensed physician, [certified] licensed physician’s assistant or registered nurse attends:

      (a) A course offered by a national organization which is nationally recognized for issuing such certification;

      (b) Training conducted by the operator of an ambulance or air ambulance; or

      (c) Any other course or training,

approved by the board of medical examiners or the state board of nursing, whichever is issuing the certification. The board of medical examiners and the state board of nursing may require certification of training in all three areas set forth in subsection 7 for a licensed physician, [certified] licensed physician’s assistant or registered nurse who primarily serves as an attendant in a county whose population is 400,000 or more.

      Sec. 27.  NRS 453.126 is hereby amended to read as follows:

      453.126  “Practitioner” means:

      1.  A physician, dentist, veterinarian or podiatric physician who holds a valid license to practice his profession in this state and is registered pursuant to this chapter.

      2.  An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense controlled substances.

      3.  A scientific investigator or a pharmacy, hospital or other institution licensed, registered or otherwise permitted by this state to distribute, dispense, conduct research with respect to, to administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.

      4.  A euthanasia technician who is licensed by the Nevada state board of veterinary medical examiners and registered pursuant to this chapter, when he possesses or administers sodium pentobarbital pursuant to his license and registration.

      5.  A physician’s assistant who:

      (a) Holds a [certificate] license from the board of medical examiners or a certificate from the state board of osteopathic medicine; and

      (b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances under the supervision of a physician or osteopathic physician as required by chapter 630 or 633 of NRS.

      Sec. 28.  NRS 453.385 is hereby amended to read as follows:

      453.385  1.  Each prescription for a controlled substance listed in schedule II must be written on a separate prescription blank or as an order on the chart of a patient. The chart of a patient may be used to order multiple prescriptions for that patient.

      2.  A prescription for a controlled substance must contain:

      (a) The name of the practitioner, his signature if the prescription was not transmitted orally and his address if not immediately available to the pharmacist;

      (b) The classification of his license;


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ê1997 Statutes of Nevada, Page 692 (Chapter 207, SB 244)ê

 

      (c) His registration number from the Drug Enforcement Administration if it is not immediately available to the pharmacist;

      (d) The name of the patient, and his address if not immediately available to the pharmacist;

      (e) The name, strength and quantity of the drug or drugs prescribed;

      (f) Directions for use; and

      (g) The date of issue.

      3.  A prescription for a controlled substance listed in:

      (a) Schedule III, IV or V must be signed by the practitioner [as provided by regulation] pursuant to the regulations of the board and may be preprinted or written by an agent of the practitioner [.] , or may be transmitted electronically or by a facsimile machine from the practitioner to a pharmacy pursuant to the regulations of the board.

      (b) Schedule II must be written and signed entirely by hand by the practitioner who issued it, except that:

             (1) The addresses of the patient and the practitioner may be added by the pharmacist.

             (2) The name of the practitioner, his address, the classification of his license and his registration number for the Drug Enforcement Administration may be preprinted on the prescription form.

             (3) The prescription may be transmitted by the practitioner or an agent of the practitioner to a pharmacy by a facsimile machine if the original written prescription is presented to the pharmacist for review before the dispensing of the controlled substance, except that:

                   (I) If the controlled substance is to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion, the transmission from the facsimile machine shall be deemed to be the original written prescription.

                   (II) If the controlled substance is prescribed for a resident of a facility for long-term care, the transmission from the facsimile machine shall be deemed to be the original written prescription and must be maintained in accordance with 21 C.F.R. § 1304.04(h).

      4.  Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

________

 


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ê1997 Statutes of Nevada, Page 693ê

 

CHAPTER 208, SB 297

Senate Bill No. 297–Committee on Judiciary

CHAPTER 208

AN ACT relating to business organizations; making various changes concerning their organization, operation and merger; and providing other matters properly relating thereto.

 

[Approved June 26, 1997]

 

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

 

      Section 1.  Chapter 78 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  A corporation may correct a document filed by the secretary of state if the document contains an incorrect statement or was defectively executed, attested, sealed, verified or acknowledged.

      2.  To correct a document, the corporation shall:

      (a) Prepare a certificate of correction which:

             (1) States the name of the corporation;

             (2) Describes the document, including, without limitation, its filing date;

             (3) Specifies the incorrect statement and the reason it is incorrect or the manner in which the execution or other formal authentication was defective;

             (4) Corrects the incorrect statement or defective execution; and

             (5) Is signed by an officer of the corporation; and

      (b) Deliver the certificate to the secretary of state for filing.

      3.  A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.

      Sec. 3.  1.  An inspection authorized by NRS 78.105 may be denied to a stockholder or other person upon his refusal to furnish to the corporation an affidavit that the inspection is not desired for a purpose which is in the interest of a business or object other than the business of the corporation and that he has not at any time sold or offered for sale any list of stockholders of any domestic or foreign corporation or aided or abetted any person in procuring any such record of stockholders for any such purpose.

      2.  It is a defense to any action for penalties or damages under NRS 78.105 that the person suing has at any time sold, or offered for sale, any list of stockholders of the corporation, or any other corporation, or has aided or abetted any person in procuring any such stock list for any such purpose, or that the person suing desired inspection for a purpose which is in the interest of a business or object other than the business of the corporation.

      3.  This section does not impair the power or jurisdiction of any court to compel the production for examination of the books of a corporation in any proper case.


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ê1997 Statutes of Nevada, Page 694 (Chapter 208, SB 297)ê

 

      Sec. 4.  1.  A change pursuant to NRS 78.207 is not effective until after the filing in the office of the secretary of state of a certificate, signed by the corporation’s president, or a vice president, and its secretary, or an assistant secretary, and acknowledged by the president or vice president before a person authorized by the laws of this state to take acknowledgments of deeds, setting forth:

      (a) The current number of authorized shares and the par value, if any, of each class and series, if any, of shares before the change;

      (b) The number of authorized shares and the par value, if any, of each class and series, if any, of shares after the change;

      (c) The number of shares of each affected class and series, if any, to be issued after the change in exchange for each issued share of the same class or series;

      (d) The provisions, if any, for the issuance of fractional shares, or for the payment of money or the issuance of scrip to stockholders otherwise entitled to a fraction of a share and the percentage of outstanding shares affected thereby;

      (e) That any required approval of the stockholders has been obtained; and

      (f) Whether the change is effective on filing the certificate or, if not, the date and time at which the change will be effective, which must not be more than 90 days after the certificate is filed.

The provisions in the articles of incorporation of the corporation regarding the authorized number and par value, if any, of the changed class and series, if any, of shares shall be deemed amended as provided in the certificate at the effective date and time of the change.

      2.  Unless an increase or decrease of the number of authorized shares pursuant to NRS 78.207 is accomplished by an action that otherwise requires an amendment to the corporation’s articles of incorporation, such an amendment is not required by that section.

      Sec. 5.  1.  A corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, except an action by or in the right of the corporation, by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses, including attorneys’ fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with the action, suit or proceeding if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent, does not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and that, with respect to any criminal action or proceeding, he had reasonable cause to believe that his conduct was unlawful.


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ê1997 Statutes of Nevada, Page 695 (Chapter 208, SB 297)ê

 

corporation, and that, with respect to any criminal action or proceeding, he had reasonable cause to believe that his conduct was unlawful.

      2.  A corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the corporation to procure a judgment in its favor by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against expenses, including amounts paid in settlement and attorneys’ fees actually and reasonably incurred by him in connection with the defense or settlement of the action or suit if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation. Indemnification may not be made for any claim, issue or matter as to which such a person has been adjudged by a court of competent jurisdiction, after exhaustion of all appeals therefrom, to be liable to the corporation or for amounts paid in settlement to the corporation, unless and only to the extent that the court in which the action or suit was brought or other court of competent jurisdiction determines upon application that in view of all the circumstances of the case, the person is fairly and reasonably entitled to indemnity for such expenses as the court deems proper.

      3.  To the extent that a director, officer, employee or agent of a corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in subsections 1 and 2, or in defense of any claim, issue or matter therein, the corporation shall indemnify him against expenses, including attorneys’ fees, actually and reasonably incurred by him in connection with the defense.

      Sec. 6.  NRS 78.010 is hereby amended to read as follows:

      78.010  1.  As used in this chapter:

      (a) “Approval” and “vote” [when used in the context of an] as describing action by the directors or stockholders mean the vote of directors in person or by written consent or of stockholders in person, by proxy or by written consent.

      (b) “Articles,” “articles of incorporation” and “certificate of incorporation” are synonymous terms and unless the context otherwise requires, include all certificates filed pursuant to NRS 78.030, 78.195, [78.207,] 78.380, 78.385, 78.390 [,] and section 4 of this act and any articles of merger or exchange filed pursuant to NRS 92A.200 to 92A.240, inclusive. Unless the context otherwise requires, these terms include restated articles and certificates of incorporation.

      (c) “Directors” and “trustees” are synonymous terms.

      (d) “Receiver” includes receivers and trustees appointed by a court as provided in this chapter or in chapter 32 of NRS.

      (e) “Registered office” means the office maintained at the street address of the resident agent.

      (f) “Resident agent” means the agent appointed by the corporation upon whom process or a notice or demand authorized by law to be served upon the corporation may be served.


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ê1997 Statutes of Nevada, Page 696 (Chapter 208, SB 297)ê

 

      (g) “Stockholder of record” means a person whose name appears on the stock ledger of the corporation.

      2.  General terms and powers given in this chapter are not restricted by the use of special terms, or by any grant of special powers contained in this chapter.

      Sec. 7.  NRS 78.070 is hereby amended to read as follows:

      78.070  Subject to such limitations, if any, as may be contained in its articles of incorporation, every corporation has the following powers:

      1.  To borrow money and contract debts when necessary for the transaction of its business, or for the exercise of its corporate rights, privileges or franchises, or for any other lawful purpose of its incorporation; to issue bonds, promissory notes, bills of exchange, debentures, and other obligations and evidences of indebtedness, payable at a specified time or times, or payable upon the happening of a specified event or events, whether secured by mortgage, pledge or other security, or unsecured, for money borrowed, or in payment for property purchased, or acquired, or for any other lawful object.

      2.  To guarantee, purchase, hold, take, obtain, receive, subscribe for, own, use, dispose of, sell, exchange, lease, lend, assign, mortgage, pledge, or otherwise acquire, transfer or deal in or with bonds or obligations of, or shares, securities or interests in or issued by, any person, government, governmental agency or political subdivision of government, and to exercise all the rights, powers and privileges of ownership of such an interest, including the right to vote, if any.

      3.  To purchase, hold, sell , pledge and transfer shares of its own stock, and use therefor its property or money . [, except that shares of its own stock belonging to the corporation must not be voted upon, directly or indirectly, nor counted as outstanding, to compute any stockholders’ quorum or vote.]

      4.  To conduct business, have one or more offices, and hold, purchase, mortgage and convey real and personal property in this state, and in any of the several states, territories, possessions and dependencies of the United States, the District of Columbia, Puerto Rico, and any foreign countries.

      5.  To do everything necessary and proper for the accomplishment of the objects enumerated in its articles of incorporation or necessary or incidental to the protection and benefit of the corporation, and, in general, to carry on any lawful business necessary or incidental to the attainment of the objects of the corporation, whether or not the business is similar in nature to the objects set forth in the articles of incorporation, except that:

      (a) A corporation created under the provisions of this chapter does not possess the power of issuing bills, notes or other evidences of debt for circulation of money; and

      (b) This chapter does not authorize the formation of banking corporations to issue or circulate money or currency within this state, or outside of this state, or at all, except the federal currency, or the notes of banks authorized under the laws of the United States.


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ê1997 Statutes of Nevada, Page 697 (Chapter 208, SB 297)ê

 

      6.  To make donations for the public welfare or for charitable, scientific or educational purposes.

      7.  To enter into [partnerships, general or limited, or joint ventures,] any relationship with another person in connection with any lawful activities.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  NRS 78.105 is hereby amended to read as follows:

      78.105  1.  A corporation [must] shall keep a copy of the following records at its registered office:

      (a) A copy certified by the secretary of state of its articles of incorporation, and all amendments thereto;

      (b) A copy certified by an officer of the corporation of its bylaws and all amendments thereto; and

      (c) A stock ledger or a duplicate stock ledger, revised annually, containing the names, alphabetically arranged, of all persons who are stockholders of the corporation, showing their places of residence, if known, and the number of shares held by them respectively. In lieu of the stock ledger or duplicate stock ledger, the corporation may keep a statement setting out the name of the custodian of the stock ledger or duplicate stock ledger, and the present and complete post office address, including street and number, if any, where the stock ledger or duplicate stock ledger specified in this section is kept.

      2.  A corporation [must] shall maintain the records required by subsection 1 in written form or in another form capable of conversion into written form within a reasonable time.

      3.  Any person who has been a stockholder of record of a corporation for at least 6 months immediately preceding his demand, or any person holding, or thereunto authorized in writing by the holders of, at least 5 percent of all of its outstanding shares, upon at least 5 days’ written demand is entitled to inspect in person or by agent or attorney, during usual business hours, the [stock ledger or duplicate stock ledger, whether kept in the registered office of the corporation in this state or elsewhere, and to make extracts] records required by subsection 1 and make copies therefrom. Holders of voting trust certificates representing shares of the corporation must be regarded as stockholders for the purpose of this subsection. Every corporation that neglects or refuses to keep the [stock ledger or duplicate copy thereof] records required by subsection 1 open for inspection, as required in this subsection, shall forfeit to the state the sum of $25 for every day of such neglect or refusal.

      4.  [An inspection authorized by subsection 3 may be denied to a stockholder or other person upon his refusal to furnish to the corporation an affidavit that the inspection is not desired for a purpose which is in the interest of a business or object other than the business of the corporation and that he has not at any time sold or offered for sale any list of stockholders of any domestic or foreign corporation or aided or abetted any person in procuring any such record of stockholders for any such purpose.

      5.]  If any corporation willfully neglects or refuses to make any proper entry in the stock ledger or duplicate copy thereof, or neglects or refuses to permit an inspection of the [stock ledger or duplicate thereof] records required by subsection 1 upon demand by a person entitled to inspect [it,] them, or refuses to permit [extracts to be taken] copies to be made therefrom, as provided in [subsections 3 and 4,] subsection 3, the corporation is liable to the person injured for all damages resulting to him therefrom.


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ê1997 Statutes of Nevada, Page 698 (Chapter 208, SB 297)ê

 

them, or refuses to permit [extracts to be taken] copies to be made therefrom, as provided in [subsections 3 and 4,] subsection 3, the corporation is liable to the person injured for all damages resulting to him therefrom.

      [6.] 5.  When the corporation keeps a statement in the manner provided for in paragraph (c) of subsection 1, the information contained thereon must be given to any stockholder of the corporation demanding the information, when the demand is made during business hours. Every corporation that neglects or refuses to keep a statement available, as in this subsection required, shall forfeit to the state the sum of $25 for every day of such neglect or refusal.

      [7.  It is a defense to any action for penalties or damages under this section that the person suing has at any time sold, or offered for sale, any list of stockholders of the corporation, or any other corporation, or has aided or abetted any person in procuring any such stock list for any such purpose, or that the person suing desired inspection for a purpose which is in the interest of a business or object other than the business of the corporation.

      8.  This section does not impair the power or jurisdiction of any court to compel the production for examination of the books of a corporation in any proper case.

      9.] 6.  In every instance where an attorney or other agent of the stockholder seeks the right of inspection, the demand must be accompanied by a power of attorney executed by the stockholder authorizing the attorney or other agent to inspect on behalf of the stockholder.

      [10.] 7.  The right to copy records under subsection 3 includes, if reasonable, the right to make copies by photographic, xerographic or other means.

      [11.] 8.  The corporation may impose a reasonable charge to recover the costs of labor and materials and the cost of copies of any documents provided to the stockholder.

      Sec. 10.  NRS 78.140 is hereby amended to read as follows:

      78.140  1.  [No] A contract or other transaction is not void or voidable solely because:

      (a) The contract or transaction is between a corporation and [one] :

             (1) One or more of its directors or officers [, or between a corporation and any] ; or

             (2) Another corporation, firm or association in which one or more of its directors or officers are directors or officers or are financially interested [, is void or voidable solely for this reason or solely because any such] ;

      (b) A common or interested director or officer [is] :

             (1) Is present at the meeting of the board of directors or a committee thereof which authorizes or approves the contract or transaction [, or because the] ; or

             (2) Joins in the execution of a written consent which authorizes or approves the contract or transaction pursuant to subsection 2 of NRS 78.315; or


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ê1997 Statutes of Nevada, Page 699 (Chapter 208, SB 297)ê

 

      (c) The vote or votes of a common or interested [directors] director are counted for [that purpose,] the purpose of authorizing or approving the contract or transaction,

if one of the circumstances specified in [any of the following paragraphs exist:] subsection 2 exists.

      2.  The circumstances in which a contract or other transaction is not void or voidable pursuant to subsection 1 are:

      (a) The fact of the common directorship, office or financial interest is [disclosed or] known to the board of directors or committee , [and noted in the minutes,] and the board or committee authorizes, approves or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of the common or interested director or directors.

      (b) The fact of the common directorship, office or financial interest is [disclosed or] known to the stockholders, and they approve or ratify the contract or transaction in good faith by a majority vote of stockholders holding a majority of the voting power. The votes of the common or interested directors or officers must be counted in any such vote of stockholders.

      (c) The fact of the common directorship, office or financial interest is [not disclosed or] known to the director or officer at the time the transaction is brought before the board of directors of the corporation for action.

      (d) The contract or transaction is fair as to the corporation at the time it is authorized or approved.

      [2.] 3.  Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors or a committee thereof which authorizes, approves or ratifies a contract or transaction, and if the votes of the common or interested directors are not counted at the meeting, then a majority of the disinterested directors may authorize, approve or ratify a contract or transaction.

      [3.] 4.  Unless otherwise provided in the articles of incorporation or the bylaws, the board of directors [may fix] , without regard to personal interest, may establish the compensation of directors for services in any capacity. If the board of directors establishes the compensation of directors pursuant to this subsection, such compensation is presumed to be fair to the corporation unless proven unfair by a preponderance of the evidence.

      Sec. 11.  NRS 78.207 is hereby amended to read as follows:

      78.207  1.  Unless otherwise provided in the articles of incorporation, a corporation organized and existing under the laws of this state that desires to change the number of shares of a class and series, if any, of its authorized stock by increasing or decreasing the number of authorized shares of the class and series and correspondingly increasing or decreasing the number of issued and outstanding shares of the same class and series held by each stockholder of record at the effective date and time of the change, may, except as otherwise provided in [subsection 2,] subsections 2 and 3, do so by a resolution adopted by the board of directors, without obtaining the approval of the stockholders. The resolution may also provide for a change of the par value, if any, of the same class and series of the shares increased or decreased.


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ê1997 Statutes of Nevada, Page 700 (Chapter 208, SB 297)ê

 

or decreased. After the effective date and time of the change, the corporation may issue its stock in accordance therewith.

      2.  A proposal to increase or decrease the number of authorized shares of any class and series, if any, that includes provisions pursuant to which only money will be paid or scrip will be issued to stockholders who:

      (a) Before the increase or decrease in the number of shares becomes effective, in the aggregate hold 10 percent or more of the outstanding shares of the affected class and series; and

      (b) Would otherwise be entitled to receive fractions of shares in exchange for the cancellation of all of their outstanding shares,

must be approved by the vote of stockholders holding a majority of the voting power of the affected class and series, or such greater proportion as may be provided in the articles of incorporation, regardless of limitations or restrictions on the voting power thereof.

      3.  If a proposed increase or decrease in the number of authorized shares of any class or series would alter or change any preference or any relative or other right given to any other class or series of outstanding shares, then the increase or decrease must be approved by the vote, in addition to any vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series whose preference or rights are affected by the increase or decrease, regardless of limitations or restrictions on the voting power thereof.

      4.  Any proposal to increase or decrease the number of authorized shares of any class and series, if any, that includes provisions pursuant to which only money will be paid or scrip will be issued to stockholders who:

      (a) Before the increase or decrease in the number of shares becomes effective, hold 1 percent or more of the outstanding shares of the affected class and series; and

      (b) Would otherwise be entitled to receive a fraction of a share in exchange for the cancellation of all of their outstanding shares,

is subject to the provisions of NRS 92A.300 to 92A.500, inclusive. If the proposal is subject to those provisions, any stockholder who is obligated to accept money or scrip rather than receive a fraction of a share resulting from the action taken pursuant to this section may dissent in accordance with those provisions and obtain payment of the fair value of the fraction of a share to which the stockholder would otherwise be entitled.

      [4.  A change pursuant to this section is not effective until after the filing in the office of the secretary of state of a certificate, signed by the corporation’s president, or a vice president, and its secretary, or an assistant secretary, and acknowledged by the president or vice president before a person authorized by the laws of this state to take acknowledgments of deeds, setting forth:

      (a) The current number of authorized shares and the par value, if any, of each class and series, if any, of shares before the change;

      (b) The number of authorized shares and the par value, if any, of each class and series, if any, of shares after the change;

      (c) The number of shares of each affected class and series, if any, to be issued after the change in exchange for each issued share of the same class or series;


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ê1997 Statutes of Nevada, Page 701 (Chapter 208, SB 297)ê

 

      (d) The provisions, if any, for the issuance of fractional shares, or for the payment of money or the issuance of scrip to stockholders otherwise entitled to a fraction of a share and the percentage of outstanding shares affected thereby;

      (e) That, if required, the approval of the affected stockholders has been obtained; and

      (f) Whether the change is effective on filing the certificate or, if not, the date and time at which the change will be effective, which must not be more than 90 days after the certificate is filed.

The provisions in the articles of incorporation of the corporation regarding the authorized number and par value, if any, of the changed class and series, if any, of shares shall be deemed amended as provided in the certificate at the effective date and time of the change.

      5.  Unless an increase or decrease of the number of authorized shares pursuant to this section is accomplished by an action that otherwise requires an amendment to the corporation’s articles of incorporation, such an amendment is not required by this section.]

      Sec. 12.  NRS 78.283 is hereby amended to read as follows:

      78.283  1.  As used in this section, “treasury shares” means shares of a corporation issued and thereafter acquired [, either directly or indirectly,] by the corporation or [a wholly owned subsidiary of the corporation, but not] another entity, the majority of whose outstanding voting power to elect its general partner, directors, managers or members of the governing body is beneficially held, directly or indirectly, by the corporation, which have not been retired or restored to the status of unissued shares.

      2.  Treasury shares do not carry voting rights or participate in distributions, [and must] may not be counted as outstanding shares for any purpose [, nor] and may not be counted as assets of the corporation for the purpose of computing the amount available for distributions . [, or the purchase of shares issued by the corporation.] Unless the articles of incorporation provide otherwise, treasury shares may be retired and restored to the status of authorized and unissued shares without an amendment to the articles of incorporation or may be disposed of for such consideration as the board of directors may determine.

      3.  This section does not limit the right of a corporation to vote its shares held by it in a fiduciary capacity.

      Sec. 13.  NRS 78.315 is hereby amended to read as follows:

      78.315  1.  Unless the articles of incorporation or the bylaws provide for a different proportion, a majority of the board of directors of the corporation [,] then in office, at a meeting duly assembled, is necessary to constitute a quorum for the transaction of business, and the act of directors holding a majority of the voting power of the directors, present at a meeting at which a quorum is present, is the act of the board of directors.

      2.  Unless otherwise restricted by the articles of incorporation or bylaws, any action required or permitted to be taken at a meeting of the board of directors or of a committee thereof may be taken without a meeting if, before or after the action, a written consent thereto is signed by all the members of the board or of the committee. [The written consent must be filed with the minutes of proceedings of the board or committee.]


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ê1997 Statutes of Nevada, Page 702 (Chapter 208, SB 297)ê

 

      3.  Unless otherwise restricted by the articles of incorporation or bylaws, members of the board of directors or the governing body of any corporation, or of any committee designated by such board or body, may participate in a meeting of the board, body or committee by means of a telephone conference or similar method of communication by which all persons participating in the meeting can hear each other. Participation in a meeting pursuant to this subsection constitutes presence in person at the meeting.

      Sec. 14.  NRS 78.320 is hereby amended to read as follows:

      78.320  1.  Unless this chapter, the articles of incorporation or the bylaws provide for different proportions:

      (a) [Stockholders holding at least a] A majority of the voting power [are necessary to constitute] , which includes the voting power that is present in person or by proxy, regardless of whether the proxy has authority to vote on all matters, constitutes a quorum for the transaction of business; and

      (b) [The vote of stockholders who hold at least a majority of the voting power present at a meeting at which a quorum is present is the act of the stockholders.] Action by the stockholders on a matter other than the election of directors is approved if the number of votes cast in favor of the action exceeds the number of votes cast in opposition to the action.

      2.  Unless otherwise provided in the articles of incorporation or the bylaws, any action required or permitted to be taken at a meeting of the stockholders may be taken without a meeting if a written consent thereto is signed by stockholders holding at least a majority of the voting power, except that if a different proportion of voting power is required for such an action at a meeting, then that proportion of written consents is required.

      3.  In no instance where action is authorized by written consent need a meeting of stockholders be called or notice given. [The written consent must be filed with the minutes of the proceedings of the stockholders.]

      4.  Unless otherwise restricted by the articles of incorporation or bylaws, stockholders may participate in a meeting of stockholders by means of a telephone conference or similar method of communication by which all persons participating in the meeting can hear each other. Participation in a meeting pursuant to this subsection constitutes presence in person at the meeting.

      Sec. 15.  NRS 78.355 is hereby amended to read as follows:

      78.355  1.  At any meeting of the stockholders of any corporation any stockholder may designate another person or persons to act as a proxy or proxies. If any stockholder designates two or more persons to act as proxies, a majority of those persons present at the meeting, or, if only one is present, then that one has and may exercise all of the powers conferred by the stockholder upon all of the persons so designated unless the stockholder provides otherwise.

      2.  Without limiting the manner in which a stockholder may authorize another person or persons to act for him as proxy pursuant to subsection 1, the following constitute valid means by which a stockholder may grant such authority:

      (a) A stockholder may execute a writing authorizing another person or persons to act for him as proxy. The proxy may be limited to action on designated matters.


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ê1997 Statutes of Nevada, Page 703 (Chapter 208, SB 297)ê

 

designated matters. Execution may be accomplished by the signing of the writing by the stockholder or his authorized officer, director, employee or agent or by causing the signature of the stockholder to be affixed to the writing by any reasonable means, including, but not limited to, a facsimile signature.

      (b) A stockholder may authorize another person or persons to act for him as proxy by transmitting or authorizing the transmission of a telegram, cablegram or other means of electronic transmission to the person who will be the holder of the proxy or to a firm which solicits proxies or like agent who is authorized by the person who will be the holder of the proxy to receive the transmission. Any such telegram, cablegram or other means of electronic transmission must either set forth or be submitted with information from which it can be determined that the telegram, cablegram or other electronic transmission was authorized by the stockholder. If it is determined that the telegram, cablegram or other electronic transmission is valid, the persons appointed by the corporation to count the votes of stockholders and determine the validity of proxies and ballots or other persons making those determinations must specify the information upon which they relied.

      3.  Any copy, communication by telecopier, or other reliable reproduction of the writing or transmission created pursuant to subsection 2, may be substituted for the original writing or transmission for any purpose for which the original writing or transmission could be used, if the copy, communication by telecopier, or other reproduction is a complete reproduction of the entire original writing or transmission.

      4.  No such proxy is valid after the expiration of 6 months from the date of its creation, unless it is coupled with an interest, or unless the stockholder specifies in it the length of time for which it is to continue in force, which may not exceed 7 years from the date of its creation. Subject to these restrictions, any proxy properly created is not revoked and continues in full force and effect until another instrument or transmission revoking it or a properly created proxy bearing a later date is filed with or transmitted to the secretary of the corporation or another person or persons appointed by the corporation to count the votes of stockholders and determine the validity of proxies and ballots.

      Sec. 16.  NRS 78.390 is hereby amended to read as follows:

      78.390  1.  Every amendment adopted pursuant to the provisions of NRS 78.385 must be made in the following manner:

      (a) The board of directors must adopt a resolution setting forth the amendment proposed and declaring its advisability, and call a meeting, either annual or special, of the stockholders entitled to vote for the consideration thereof.

      (b) At the meeting, of which notice must be given to each stockholder entitled to vote pursuant to the provisions of this section, a vote of the stockholders entitled to vote in person or by proxy must be taken for and against the proposed amendment. If it appears upon the canvassing of the votes that stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, as provided in subsections 3 and 5, or as may be required by the provisions of the articles of incorporation, have voted in favor of the amendment, the president, or vice president, and secretary, or assistant secretary, shall execute a certificate setting forth the amendment, or setting forth the articles of incorporation as amended, and the vote by which the amendment was adopted, and the president [,] or vice president [, and secretary, or assistant secretary,] shall acknowledge the certificate before a person authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds.


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ê1997 Statutes of Nevada, Page 704 (Chapter 208, SB 297)ê

 

series, as provided in subsections 3 and 5, or as may be required by the provisions of the articles of incorporation, have voted in favor of the amendment, the president, or vice president, and secretary, or assistant secretary, shall execute a certificate setting forth the amendment, or setting forth the articles of incorporation as amended, and the vote by which the amendment was adopted, and the president [,] or vice president [, and secretary, or assistant secretary,] shall acknowledge the certificate before a person authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds.

      (c) The certificate so executed and acknowledged must be filed in the office of the secretary of state.

      2.  Upon filing the certificate the articles of incorporation are amended accordingly.

      3.  If any proposed amendment would alter or change any preference or any relative or other right given to any class or series of outstanding shares, then the amendment must be approved by the vote, in addition to the affirmative vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series affected by the amendment regardless of limitations or restrictions on the voting power thereof.

      4.  Provision may be made in the articles of incorporation requiring, in the case of any specified amendments, a larger proportion of the voting power of stockholders than that required by this section.

      5.  Different series of the same class of shares do not constitute different classes of shares for the purpose of voting by classes except when the series is adversely affected by an amendment in a different manner than other series of the same class.

      Sec. 17.  NRS 78.403 is hereby amended to read as follows:

      78.403  1.  A corporation may restate, or amend and restate, in a single certificate the entire text of its articles of incorporation as amended by filing with the secretary of state a certificate entitled “Restated Articles of Incorporation of ................,” which must set forth the articles as amended to the date of the certificate. If the certificate alters or amends the articles in any manner, it must comply with the provisions of this chapter governing such amendments and must be accompanied by:

      (a) A resolution; or

      (b) A form prescribed by the secretary of state,

setting forth which provisions of the articles of incorporation on file with the secretary of state are being altered or amended.

      2.  If the certificate does not alter or amend the articles, it must be signed by the president or vice president and the secretary or assistant secretary of the corporation and [must be verified by their signed affidavits] state that they have been authorized to execute the certificate by resolution of the board of directors adopted on the date stated, and that the certificate correctly sets forth the text of the articles of incorporation as amended to the date of the certificate.

      3.  The [names, signatures and acknowledgments of the incorporators] following may be omitted from the restated articles [and the names and addresses of the present directors must be included instead of the names and addresses of the original directors.]


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ê1997 Statutes of Nevada, Page 705 (Chapter 208, SB 297)ê

 

addresses of the present directors must be included instead of the names and addresses of the original directors.] :

      (a) The names, addresses, signatures and acknowledgments of the incorporators;

      (b) The names and addresses of the members of the past and present boards of directors; and

      (c) The name and address of the resident agent.

      4.  Whenever a corporation is required to file a certified copy of its articles, in lieu thereof it may file a certified copy of the most recent certificate restating its articles as amended, subject to the provisions of subsection 2, together with certified copies of all certificates of amendment filed subsequent to the restated articles and certified copies of all certificates supplementary to the original articles.

      Sec. 18.  NRS 78.730 is hereby amended to read as follows:

      78.730  1.  Any corporation which did exist or is existing under the laws of this state may, upon complying with the provisions of NRS 78.180, procure a renewal or revival of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and preexisting debts, duties and liabilities secured or imposed by its original charter and amendments thereto, or existing charter, by filing:

      (a) A certificate with the secretary of state, which must set forth:

             (1) The name of the corporation, which must be the name of the corporation at the time of the renewal or revival, or its name at the time its original charter expired.

             (2) The name of the person designated as the resident agent of the corporation, his street address for the service of process, and his mailing address if different from his street address.

             (3) The date when the renewal or revival of the charter is to commence or be effective, which may be, in cases of a revival, before the date of the certificate.

             (4) Whether or not the renewal or revival is to be perpetual, and, if not perpetual, the time for which the renewal or revival is to continue.

             (5) That the corporation desiring to renew or revive its charter is, or has been, organized and carrying on the business authorized by its existing or original charter and amendments thereto, and desires to renew or continue through revival its existence pursuant to and subject to the provisions of this chapter.

      (b) A list of its president, secretary and treasurer and all of its directors and their post office box or street addresses, either residence or business.

      2.  A corporation whose charter has not expired and is being renewed shall cause the certificate to be signed by its president or vice president and secretary or assistant secretary [, verified] and acknowledged by those officers before any person authorized by the laws of this state to [administer oaths or affirmations.] take acknowledgments of deeds. The certificate must be approved by a majority of the voting power of the shares.

      3.  A corporation seeking to revive its original or amended charter shall cause the certificate to be signed by a person or persons designated or appointed by the stockholders of the corporation and [verified] acknowledged by the signer or signers before any person authorized to [administer oaths or affirmations.]


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ê1997 Statutes of Nevada, Page 706 (Chapter 208, SB 297)ê

 

[administer oaths or affirmations.] take acknowledgments of deeds. The execution and filing of the certificate must be approved by the written consent of [all the] stockholders of the corporation holding at least a majority of the voting power and must contain a recital that [unanimous] this consent was secured. If no stock has been issued, the certificate must contain a statement of that fact, and a majority of the directors then in office may designate the person to sign the certificate. The corporation shall pay to the secretary of state the fee required to establish a new corporation pursuant to the provisions of this chapter.

      4.  The filed certificate, or a copy thereof which has been certified under the hand and seal of the secretary of state, must be received in all courts and places as prima facie evidence of the facts therein stated and of the existence and incorporation of the corporation therein named.

      Sec. 19.  NRS 78.751 is hereby amended to read as follows:

      78.751  1.  [A corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, except an action by or in the right of the corporation, by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses, including attorneys’ fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with the action, suit or proceeding if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, does not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and that, with respect to any criminal action or proceeding, he had reasonable cause to believe that his conduct was unlawful.

      2.  A corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the corporation to procure a judgment in its favor by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against expenses, including amounts paid in settlement and attorneys’ fees actually and reasonably incurred by him in connection with the defense or settlement of the action or suit if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation. Indemnification may not be made for any claim, issue or matter as to which such a person has been adjudged by a court of competent jurisdiction, after exhaustion of all appeals therefrom, to be liable to the corporation or for amounts paid in settlement to the corporation, unless and only to the extent that the court in which the action or suit was brought or other court of competent jurisdiction determines upon application that in view of all the circumstances of the case, the person is fairly and reasonably entitled to indemnity for such expenses as the court deems proper.


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ê1997 Statutes of Nevada, Page 707 (Chapter 208, SB 297)ê

 

only to the extent that the court in which the action or suit was brought or other court of competent jurisdiction determines upon application that in view of all the circumstances of the case, the person is fairly and reasonably entitled to indemnity for such expenses as the court deems proper.

      3.  To the extent that a director, officer, employee or agent of a corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in subsections 1 and 2, or in defense of any claim, issue or matter therein, he must be indemnified by the corporation against expenses, including attorneys’ fees, actually and reasonably incurred by him in connection with the defense.

      4.]  Any discretionary indemnification under [subsections 1 and 2,] section 5 of this act, unless ordered by a court or advanced pursuant to subsection [5, must] 2, may be made by the corporation only as authorized in the specific case upon a determination that indemnification of the director, officer, employee or agent is proper in the circumstances. The determination must be made:

      (a) By the stockholders;

      (b) By the board of directors by majority vote of a quorum consisting of directors who were not parties to the [act,] action, suit or proceeding;

      (c) If a majority vote of a quorum consisting of directors who were not parties to the [act,] action, suit or proceeding so orders, by independent legal counsel in a written opinion; or

      (d) If a quorum consisting of directors who were not parties to the [act,] action, suit or proceeding cannot be obtained, by independent legal counsel in a written opinion.

      [5.] 2.  The articles of incorporation, the bylaws or an agreement made by the corporation may provide that the expenses of officers and directors incurred in defending a civil or criminal action, suit or proceeding must be paid by the corporation as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the director or officer to repay the amount if it is ultimately determined by a court of competent jurisdiction that he is not entitled to be indemnified by the corporation. The provisions of this subsection do not affect any rights to advancement of expenses to which corporate personnel other than directors or officers may be entitled under any contract or otherwise by law.

      [6.] 3.  The indemnification and advancement of expenses authorized in or ordered by a court pursuant to this section:

      (a) Does not exclude any other rights to which a person seeking indemnification or advancement of expenses may be entitled under the articles of incorporation or any bylaw, agreement, vote of stockholders or disinterested directors or otherwise, for either an action in his official capacity or an action in another capacity while holding his office, except that indemnification, unless ordered by a court pursuant to [subsection 2] section 5 of this act or for the advancement of expenses made pursuant to subsection [5,] 2, may not be made to or on behalf of any director or officer if a final adjudication establishes that his acts or omissions involved intentional misconduct, fraud or a knowing violation of the law and was material to the cause of action.


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      (b) Continues for a person who has ceased to be a director, officer, employee or agent and inures to the benefit of the heirs, executors and administrators of such a person.

      Sec. 20.  NRS 78.765 is hereby amended to read as follows:

      78.765  1.  The fee for filing a certificate changing the number of authorized shares pursuant to [NRS 78.207] section 4 of this act or a certificate of amendment to articles of incorporation that increases the corporation’s authorized stock or a certificate of correction that increases the corporation’s authorized stock is the difference between the fee computed at the rates specified in NRS 78.760 upon the total authorized stock of the corporation, including the proposed increase, and the fee computed at the rates specified in NRS 78.760 upon the total authorized capital, excluding the proposed increase. In no case may the amount be less than $75.

      2.  The fee for filing a certificate of amendment to articles of incorporation that does not increase the corporation’s authorized stock or a certificate of correction that does not increase the corporation’s authorized stock is $75.

      3.  The fee for filing a certificate pursuant to NRS 78.195 or an amended certificate pursuant to NRS 78.1955 is $75.

      Sec. 21.  Chapter 80 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A foreign corporation may correct a document filed by the secretary of state if the document contains an incorrect statement or was defectively executed, attested, sealed, verified or acknowledged.

      2.  To correct a document, the corporation shall:

      (a) Prepare a certificate of correction which:

             (1) States the name of the corporation;

             (2) Describes the document, including, without limitation, its filing date;

             (3) Specifies the incorrect statement and the reason it is incorrect or the manner in which the execution or other formal authentication was defective;

             (4) Corrects the incorrect statement or defective execution; and

             (5) Is signed by an officer of the corporation; and

      (b) Deliver the certificate to the secretary of state for filing.

      3.  A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.

      Sec. 22.  NRS 80.015 is hereby amended to read as follows:

      80.015  1.  For the purposes of this chapter, the following activities do not constitute doing business in this state:

      (a) Maintaining, defending or settling any proceeding;

      (b) Holding meetings of the board of directors or stockholders or carrying on other activities concerning internal corporate affairs;

      (c) Maintaining bank accounts;


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      (d) Maintaining offices or agencies for the transfer, exchange and registration of the corporation’s own securities or maintaining trustees or depositaries with respect to those securities;

      (e) Making sales through independent contractors;

      (f) Soliciting or receiving orders outside of this state through or in response to letters, circulars, catalogs or other forms of advertising, accepting those orders outside of this state and filling them by shipping goods into this state;

      (g) Creating or acquiring indebtedness, mortgages and security interests in real or personal property;

      (h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts;

      (i) Owning, without more, real or personal property;

      (j) Isolated transactions completed within 30 days and not a part of a series of similar transactions;

      (k) The production of motion pictures as defined in NRS 231.020;

      (l) Transacting business as an out-of-state depository institution pursuant to the provisions of Title 55 of NRS; and

      (m) Transacting business in interstate commerce.

      2.  The list of activities in subsection 1 is not exhaustive.

      3.  A person who is not doing business in this state within the meaning of this section need not qualify or comply with any provision of NRS 80.010 to [80.220,] 80.270, inclusive, chapter 645A or 645B of NRS or [Titles 55 and] Title 55 or 56 of NRS unless he:

      (a) Maintains an office in this state for the transaction of business; or

      (b) Solicits or accepts deposits in the state, except pursuant to the provisions of chapter 666 or 666A of NRS.

      Sec. 23.  NRS 81.010 is hereby amended to read as follows:

      81.010  1.  Nonprofit cooperative corporations may be formed by the voluntary association of any three or more persons in the manner prescribed in NRS 81.010 to 81.160, inclusive. A majority of the persons must be residents of this state, and such a corporation has and may exercise the powers necessarily incident thereto. [The] Except as otherwise provided in subsection 2, the provisions of chapter 78 of NRS govern each nonprofit cooperative corporation organized pursuant to NRS 81.010 to 81.160, inclusive. If such a nonprofit cooperative corporation is organized without shares of stock, the members shall be deemed to be “shareholders” or “stockholders” as these terms are used in chapter 78 of NRS.

      2.  If the term for which a nonprofit cooperative corporation was to exist has expired but the corporation has continued to perform the activities authorized by its original articles of incorporation or any amendment thereto, revival of its corporate existence does not require the consent of its members or stockholders. Each required action to accomplish a revival may be taken by a majority of the surviving directors. The revival is effective as of the date of expiration of the original term.

      Sec. 24.  Chapter 82 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of directors of a corporation without shares of stock which was organized before October 1, 1991, pursuant to any provision of chapter 81 of NRS or a predecessor statute and whose permissible term of existence as stated in the articles of incorporation has expired may, within 10 years after the date of the expiration of its existence, elect to revive its charter and accept this chapter by adopting a resolution reviving the expired charter and adopting new articles of incorporation conforming to this chapter and any other statutes pursuant to which the corporation may have been organized.


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81 of NRS or a predecessor statute and whose permissible term of existence as stated in the articles of incorporation has expired may, within 10 years after the date of the expiration of its existence, elect to revive its charter and accept this chapter by adopting a resolution reviving the expired charter and adopting new articles of incorporation conforming to this chapter and any other statutes pursuant to which the corporation may have been organized. The new articles of incorporation need not contain the names, addresses, signatures or acknowledgments of the incorporators.

      2.  A certificate of election to accept this chapter pursuant to this section must be signed by the president or a vice president and acknowledged before a person authorized by the laws of this state to take acknowledgments of deeds, and must set forth:

      (a) The name of the corporation.

      (b) A statement by the corporation that it has elected to accept this chapter and adopt new articles of incorporation conforming to the provisions of this chapter and any other statutes pursuant to which the corporation may have been organized.

      (c) A statement by the corporation that since the expiration of its charter it has remained organized and continued to carry on the activities for which it was formed and authorized by its original articles of incorporation and amendments thereto, and desires to continue through revival its existence pursuant to and subject to the provisions of this chapter.

      (d) A statement that the attached copy of the articles of incorporation of the corporation are the new articles of incorporation of the corporation.

      (e) A statement setting forth the date of the meeting of the board of directors at which the election to accept and adopt was made, that a quorum was present at the meeting and that the acceptance and adoption were authorized by a majority vote of the directors present at the meeting.

      3.  The certificate so signed and acknowledged, and a certificate of acceptance of appointment executed by the resident agent of the corporation, must be filed in the office of the secretary of state.

      4.  If the corporation is not in compliance with the provisions of NRS 82.146 or 82.176, it must comply with the provisions of those sections and pay the fees required by NRS 82.146 to 82.171, inclusive.

      5.  The new articles of incorporation become effective on the date of filing the certificate. The corporation’s existence continues from the date of expiration of the original term, with all the corporation’s rights, franchises, privileges and immunities and subject to all its existing and preexisting debts, duties and liabilities.

      Sec. 25.  NRS 82.061 is hereby amended to read as follows:

      82.061  1.  A certificate of election to accept this chapter pursuant to NRS 82.056 must be signed by the president or a vice president and by the secretary or an assistant secretary and acknowledged before a person authorized by the laws of this state to take acknowledgments of deeds and must set forth:

      (a) The name of the corporation.

      (b) A statement by the corporation that it has elected to accept this chapter and adopt new articles of incorporation conforming to the provisions of this chapter and any other statutes pursuant to which the corporation may have been organized.


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of this chapter and any other statutes pursuant to which the corporation may have been organized.

      (c) If there are members or stockholders entitled to vote thereon, a statement setting forth the date of the meeting of the members or stockholders at which the election to accept this chapter and adopt new articles was made, that a quorum was present at the meeting and that acceptance and adoption was authorized by at least a majority of the votes which members or stockholders present at the meeting in person or by proxy were entitled to cast.

      (d) If there are no members or stockholders entitled to vote thereon, a statement of that fact, the date of the meeting of the board of directors at which the election to accept and adopt was made, that a quorum was present at the meeting and that the acceptance and adoption were authorized by a majority vote of the directors present at the meeting.

      (e) A statement that, in addition, the corporation followed the requirements of the law under which it was organized, its old articles of incorporation and its old bylaws so far as applicable in effecting the acceptance.

      (f) A statement that the attached copy of the articles of incorporation of the corporation are the new articles of incorporation of the corporation.

      (g) If the corporation has issued shares of stock, a statement of that fact including the number of shares theretofore authorized, the number issued and outstanding and that upon the effective date of the certificate of acceptance the authority of the corporation to issue shares of stock is thereby terminated.

      2.  The certificate so signed and acknowledged must be filed in the office of the secretary of state.

      Sec. 26.  NRS 82.066 is hereby amended to read as follows:

      82.066  Upon filing [the] a certificate of acceptance, the election of [the] a corporation to accept this chapter is effective and the corporation has the powers and privileges and is subject to the duties, restrictions, penalties and liabilities given to and imposed upon the corporation by this chapter and by any other statutes pursuant to which it was created. The articles of incorporation attached to the certificate are thereafter the articles of incorporation of the corporation. The holders of shares of stock issued by the corporation [shall thereafter be] are thereafter members of the corporation with one vote for each share of stock so surrendered, unless the articles so adopted and attached to the certificate provide otherwise.

      Sec. 27.  NRS 82.271 is hereby amended to read as follows:

      82.271  1.  Unless the articles or the bylaws provide for a different proportion, a majority of the board of directors or delegates of the corporation, at a meeting duly assembled, is necessary to constitute a quorum for the transaction of business at their respective meetings, and the act of a majority of the directors or delegates present at a meeting at which a quorum is present is the act of the board of directors or delegates.

      2.  Unless otherwise restricted by the articles or bylaws, any action required or permitted to be taken at any meeting of the board of directors or the delegates or of any committee thereof may be taken without a meeting if, before or after the action, a written consent thereto is signed by a majority of the board of directors or the delegates or of such committee.


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ê1997 Statutes of Nevada, Page 712 (Chapter 208, SB 297)ê

 

majority of the board of directors or the delegates or of such committee. If the vote of a different proportion of the directors or delegates is required for an action, then the different proportion of written consents is required. [The written consent must be filed with the minutes of proceedings of the board, the delegates or the committee.]

      3.  Unless otherwise restricted by the articles or bylaws, members of the board of directors, the delegates or of any committee designated by the board or the delegates may participate in a meeting by means of a telephone conference or similar method of communication by which all persons participating in the meeting can hear each other. Participating in a meeting pursuant to this subsection constitutes presence in person at the meeting.

      Sec. 28.  NRS 82.276 is hereby amended to read as follows:

      82.276  1.  Unless otherwise provided in the articles or bylaws, any action which may be taken by the vote of members at a meeting may be taken without a meeting if authorized by the written consent of members holding at least a majority of the voting power, except that:

      (a) If any greater proportion of voting power is required for such an action at a meeting, then the greater proportion of written consents is required; and

      (b) This general provision for action by written consent does not supersede any specific provision for action by written consent contained in this chapter.

      2.  In no instance where action is authorized by written consent need a meeting of members be called or notice given. [The written consent must be filed with the minutes of proceedings of the members.]

      3.  Unless otherwise restricted by the articles or bylaws, members may participate in a meeting by means of a telephone conference or similar method of communication by which all persons participating in the meeting can hear each other. Participating in a meeting pursuant to this subsection constitutes presence in person at the meeting.

      Sec. 29.  NRS 82.371 is hereby amended to read as follows:

      82.371  1.  A corporation may restate, or amend and restate, in a single certificate the entire text of its articles as amended by filing with the secretary of state a certificate entitled “Restated Articles of Incorporation of .........................,” which must set forth the articles as amended to the date of the certificate. If the certificate alters or amends the articles in any manner, it must comply with the provisions of this chapter governing such amendments and must be accompanied by:

      (a) A resolution; or

      (b) A form prescribed by the secretary of state,

setting forth which provisions of the articles of incorporation on file with the secretary of state are being altered or amended.

      2.  If the certificate does not alter or amend the articles, it must be signed by the chairman of the board or the president or vice president, and the secretary or assistant secretary, of the corporation and must [be verified by their signed affidavits] state that they have been authorized to execute the certificate by resolution of the board of directors adopted on the date stated, and that the certificate correctly sets forth the text of the articles as amended to the date of the certificate.


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      3.  The [signatures and acknowledgments of the incorporators] following may be omitted from the restated articles [.] :

      (a) The names, addresses, signatures and acknowledgments of the incorporators;

      (b) The names and addresses of the members of the past and present board of directors; and

      (c) The name and address of the resident agent.

      4.  Whenever a corporation is required to file a certified copy of its articles, in lieu thereof it may file a certified copy of the most recent certificate restating its articles as amended, subject to the provisions of subsection 2, together with certified copies of all certificates of amendment filed after the restated articles and certified copies of all certificates supplementary to the original articles.

      Sec. 30.  NRS 82.531 is hereby amended to read as follows:

      82.531  1.  The fee for filing articles of incorporation, amendments to or restatements of articles of incorporation , certificates pursuant to NRS 82.061 and section 24 of this act, and documents for dissolution is $25 for each document.

      2.  Except as otherwise provided in NRS 82.146 and 82.171 and subsection 1 , [of this section,] the fees for filing documents are those set forth in NRS 78.765 to 78.785, inclusive.

      Sec. 31.  Chapter 86 of NRS is hereby amended by adding thereto the provisions set forth as sections 32 to 34.5, inclusive, of this act.

      Sec. 32.  1.  A distribution of the profits of a limited-liability company must not be made if, after giving it effect:

      (a) The company would not be able to pay its debts as they become due in the usual course of business; or

      (b) Except as otherwise specifically permitted by the articles of organization, the total assets of the company would be less than the sum of its total liabilities.

      2.  The manager or, if management of the company is not vested in a manager or managers, the members may base a determination that a distribution is not prohibited under this section on:

      (a) Financial statements prepared on the basis of accounting practices that are reasonable in the circumstances;

      (b) A fair valuation, including unrealized appreciation and depreciation; or

      (c) Any other method that is reasonable in the circumstances.

      3.  The effect of a distribution under this section must be measured:

      (a) In the case of a distribution by purchase, redemption or other acquisition by the company of member’s interests, as of the earlier of:

             (1) The date on which money or other property is transferred or debt incurred by the company; or

             (2) The date on which the member ceases to be a member with respect to his acquired interest.

      (b) In the case of any other distribution of indebtedness, as of the date on which the indebtedness is distributed.

      (c) In all other cases, as of:


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             (1) The date on which the distribution is authorized if the payment occurs within 120 days after the date of authorization; or

             (2) The date on which the payment is made if it occurs more than 120 days after the date of authorization.

      4.  Indebtedness of the company, including indebtedness issued as a distribution, is not considered a liability for purposes of determinations under this section if its terms provide that payment of principal and interest are to be made only if and to the extent that payment of a distribution to the members could then be made pursuant to this section. If the indebtedness is issued as a distribution, each payment of principal or interest must be treated as a distribution, the effect of which must be measured as of the date of payment.

      Sec. 33.  Unless otherwise provided in its articles of organization or operating agreement, a limited-liability company has perpetual existence.

      Sec. 34.  Except as otherwise provided in this chapter, chapter 463 of NRS, the articles of organization or the operating agreement:

      1.  If the resignation or withdrawal of a member violates the operating agreement:

      (a) The amount payable to the member who has resigned or withdrawn is the fair market value of his interest reduced by the amount of all damages sustained by the company or its other members as a result of the violation; and

      (b) The company may defer the payment for so long as necessary to prevent unreasonable hardship to the company.

      2.  Except as otherwise provided in chapter 463 of NRS, the articles of organization or the operating agreement, a member who resigns or withdraws ceases to be a member, has no voting rights and has no right to participate in the management of the company, even if under this section a payment due him from the company is deferred.

      Sec. 34.5.  1.  Except as otherwise provided by statute, an agency, board or commission that regulates an occupation or profession pursuant to Title 54, 55 or 56 of NRS may grant a license to a limited-liability company or a foreign limited-liability company if the agency, board or commission is authorized to grant a license to a corporation formed pursuant to chapter 78 of NRS.

      2.  An agency, board or commission that makes a license available to a limited-liability company or foreign limited-liability company pursuant to subsection 1 shall adopt regulations:

      (a) Listing the persons in the limited-liability company or foreign limited-liability company who must qualify for the license or indicating that the agency, board or commission will use other means to determine whether the limited-liability company or foreign limited-liability company qualifies for a license;

      (b) Listing the persons who may engage in the activity for which the license is required on behalf of the limited-liability company or foreign limited-liability company;

      (c) Indicating whether the limited-liability company or foreign limited-liability company may engage in a business other than the business for which the license is required;


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      (d) Listing the changes, if any, in the management or control of the limited-liability company or foreign limited-liability company that require notice, review, approval or other action by the agency, board or commission;

      (e) Setting forth the conditions under which a limited-liability company or foreign limited-liability company may obtain a license.

      3.  An agency, board or commission that adopts regulations pursuant to subsection 2 shall not impose a restriction or requirement on a limited-liability company or foreign limited-liability company which is significantly different from or more burdensome than the restrictions or requirements imposed on a partnership or corporation.

      Sec. 35.  NRS 86.065 is hereby amended to read as follows:

      86.065  “Majority in interest” means a majority of the interests in [capital and] the current profits of [the members of] a limited-liability company . [which:

      1.  In the case of capital, is determined as of the date of the dissolution event.

      2.  In the case of profits, is based on any reasonable estimate of profits for the period beginning on the date of the dissolution event or the date the members consider any proposed transfer or assignment of the interest of a member of the company and ending on the anticipated date of the dissolution of the company, including any present or future division of profits distributed pursuant to the operating agreement of the company in effect on the date the members consider the proposed transfer or assignment or the date of the dissolution event.]

      Sec. 36.  NRS 86.071 is hereby amended to read as follows:

      86.071  “Manager” means a person [elected by the members] , or one of several persons, designated in or selected pursuant to the articles of organization or operating agreement of a limited-liability company to manage the company . [pursuant to NRS 86.291.]

      Sec. 37.  NRS 86.081 is hereby amended to read as follows:

      86.081  “Member” means [a person who owns] the owner of an interest in a limited-liability company.

      Sec. 38.  NRS 86.091 is hereby amended to read as follows:

      86.091  “Member’s interest” means [a member’s] his share of the [profits and losses of] economic interests in a limited-liability company [and the right to receive distributions of the company’s] , including profits, losses and distributions of assets.

      Sec. 39.  NRS 86.151 is hereby amended to read as follows:

      86.151  1.  One or more persons may form a limited-liability company by:

      (a) Executing, acknowledging and filing [in the office of] with the secretary of state articles of organization for the company; and

      (b) Filing with the secretary of state a certificate of acceptance of appointment, executed by the resident agent of the company . [, in the office of the secretary of state,

but the articles must list one or more managers or, if there are no managers, two or more members.]


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      2.  Upon the filing of the articles of organization and the certificate of acceptance [,] with the secretary of state, and the payment to him of the required filing fees, the secretary of state shall issue to the company a certificate that the articles, containing the required statement of facts, have been filed.

      3.  A signer of the articles of organization or a manager designated in the articles does not thereby become a member of the company. At all times after commencement of business by the company, the company must have [two] one or more members. The filing of the articles does not, by itself, constitute commencement of business by the company.

      Sec. 40.  NRS 86.161 is hereby amended to read as follows:

      86.161  1.  The articles of organization must set forth:

      (a) The name of the limited-liability company;

      (b) [The latest date upon which the company is to dissolve;

      (c)] The name and complete street address of its resident agent, and the mailing address of the resident agent if different from the street address;

      [(d) The right, if given, of the remaining members of the company to continue the business on the death, retirement, resignation, expulsion, bankruptcy or dissolution of a member or occurrence of any other event which terminates the continued membership of a member in the company; and

      (e)] (c) The name and post office or street address, either residence or business, of each of the organizers executing the articles [.] ;

      (d) If the company is to be managed by one or more managers, the name and post office or street address, either residence or business, of each manager; and

      (e) If the company is to be managed by the members, the name and post office or street address, either residence or business, of each member.

      2.  The articles may set forth any other provision, not inconsistent with law, which the members elect to set out in the articles of organization for the regulation of the internal affairs of the company, including any provisions which under this chapter are required or permitted to be set out in the operating agreement of the company.

      3.  [If the company is to be managed by a manager or managers, the articles of organization must so state and must set out the names and post office box or street addresses, either residence or business, of the manager or managers who are to serve until the first annual meeting of members or until their successors are elected and qualify. If the management of a limited-liability company is reserved to the members, the names and post office box or street addresses, either residence or business, of the members must be set] It is not necessary to set out in the articles of organization [, and the] :

      (a) The rights, if any, of the members to contract debts on behalf of the limited-liability company [.

      4.  It is not necessary to set out in the articles of organization any] ; or

      (b) Any of the powers enumerated in this chapter.

      Sec. 41.  NRS 86.221 is hereby amended to read as follows:

      86.221  1.  The articles of organization of a limited-liability company [must be amended when:


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ê1997 Statutes of Nevada, Page 717 (Chapter 208, SB 297)ê

 

      (a) There is a change in the name of the company;

      (b) There is a change in the time as stated in the articles of organization for the dissolution of the company; or

      (c) A time is fixed for the dissolution of the company if no time is specified in the articles of organization.

      2.  The articles] may be amended for any [other] purpose, not inconsistent with law, as determined by all of the members or permitted by the articles or an operating agreement.

      [3.] 2.  An amendment must be made in the form of a certificate setting forth:

      (a) The name of the limited-liability company;

      (b) The date of filing of the articles of organization; and

      (c) The amendment to the articles of organization.

      [4.] 3.  The certificate of amendment must be signed and acknowledged by a manager of the company, or if [there is no manager, then] management is not vested in a manager, by a member.

      [5.] 4.  Restated articles of organization may be executed and filed in the same manner as a certificate of amendment.

      Sec. 42.  NRS 86.226 is hereby amended to read as follows:

      86.226  1.  A signed and acknowledged certificate of amendment, or a certified copy of a judicial decree of amendment, must be filed with the secretary of state. A person who executes a certificate as an agent, officer or fiduciary of the limited-liability company need not exhibit evidence of his authority as a prerequisite to filing. Unless the secretary of state finds that a certificate does not conform to law, upon his receipt of all required filing fees [required by law] he shall file the certificate.

      2.  Upon the filing of a certificate of amendment or judicial decree of amendment in the office of the secretary of state, the articles of organization are amended as set forth therein.

      Sec. 43.  NRS 86.235 is hereby amended to read as follows:

      86.235  [Whenever] If a limited-liability company created pursuant to this chapter desires to change the location within this state of its registered office, or change its resident agent, or both, the change may be effected by filing with the secretary of state a certificate of change that sets forth:

      1.  The name of the limited-liability company;

      2.  That the change authorized by this section is effective upon the filing of the certificate of change;

      3.  The street address of its present registered office;

      4.  If the present registered office is to be changed, the street address of the new registered office;

      5.  The name of its present resident agent; and

      6.  If the present resident agent is to be changed, the name of the new resident agent. The new resident agent’s certificate of acceptance must be a part of or attached to the certificate of change.

The certificate of change must be signed by a manager of the limited-liability company or, if no manager has been elected, by a member of the company . [, and must be acknowledged before a person authorized by the laws of the state to take acknowledgments.]

      Sec. 44.  (Deleted by amendment.)


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      Sec. 45.  NRS 86.281 is hereby amended to read as follows:

      86.281  A limited-liability company organized and existing under this chapter may:

      1.  Sue and be sued, complain and defend, in its name;

      2.  Purchase, take, receive, lease or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or an interest in it, wherever situated;

      3.  Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any part of its property and assets;

      4.  Lend money to and otherwise assist its members;

      5.  Purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of, and otherwise use and deal in and with shares , member’s interests or other interests in or obligations of domestic or foreign limited-liability companies, domestic or foreign corporations, joint ventures or similar associations, general or limited partnerships or natural persons, or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of it;

      6.  Make contracts and guarantees and incur liabilities, borrow money at such rates of interest as the company may determine, issue its notes, bonds and other obligations and secure any of its obligations by mortgage or pledge of all or any part of its property, franchises and income;

      7.  Lend , [money for its proper purposes,] invest and reinvest its money and take and hold real property and personal property for the payment of money so loaned or invested;

      8.  Conduct its business, carry on its operations and have and exercise the powers granted by this chapter in any state, territory, district or possession of the United States, or in any foreign country;

      9.  [Elect or appoint] Appoint managers and agents, [and] define their duties and fix their compensation;

      10.  [Make and alter operating agreements, not inconsistent with its articles of organization or with the laws of this state, for the administration and regulation of the affairs of the limited-liability company;

      11.]  Cease its activities and surrender its articles of organization;

      [12.  Have and exercise]

      11.  Exercise all powers necessary or convenient to effect any of the purposes for which the company is organized;

      [13.  Become a member of a general partnership, limited partnership, joint venture or similar association, or any other limited-liability company; and

      14.] and

      12.  Hold a license issued pursuant to the provisions of chapter 463 of NRS.

      Sec. 46.  NRS 86.286 is hereby amended to read as follows:

      86.286  [An operating agreement may be adopted for a] A limited-liability company [, but] may, but is not required to, adopt an operating agreement. An operating agreement may be adopted only by the unanimous vote or unanimous written consent of the members [.] , and the operating agreement must be in writing.


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ê1997 Statutes of Nevada, Page 719 (Chapter 208, SB 297)ê

 

agreement must be in writing. Unless otherwise provided in the operating agreement, amendments to the agreement may [only] be adopted only by the unanimous vote or unanimous written consent of the persons who are members at the time of amendment.

      Sec. 47.  NRS 86.291 is hereby amended to read as follows:

      86.291  Except as otherwise provided in this section , the articles of organization or [in] the operating agreement, management of a limited-liability company is vested in its members in proportion to their contribution to its capital, as adjusted from time to time to reflect properly any additional contributions or withdrawals by the members. If provision is made in the articles of organization, management of the company may be vested in a manager or managers , who [must be elected annually by the members] may but need not be members, in the manner prescribed by the operating agreement of the company. [One or more members may be elected to serve as manager or managers.] The manager or managers also hold the offices and have the responsibilities accorded to them by the members and set out in the operating agreement.

      Sec. 48.  NRS 86.301 is hereby amended to read as follows:

      86.301  Except as otherwise provided in this chapter [,] or in its articles of organization, no debt may be contracted or liability incurred by or on behalf of a limited-liability company, except by one or more of its managers if management of the limited-liability company has been vested by the members in a manager or managers or, if management of the limited-liability company is retained by the members, then as provided in the articles of organization.

      Sec. 49.  NRS 86.311 is hereby amended to read as follows:

      86.311  Real and personal property owned or purchased by a limited-liability company must be held and owned, and conveyance made, in the name of the company. [Instruments] Except as otherwise provided in the articles of organization, instruments and documents providing for the acquisition, mortgage or disposition of property of the company are valid and binding upon the company if executed by one or more managers of a company which has a manager or managers or as provided by the articles of organization of a company in which management has been retained by the members.

      Sec. 50.  NRS 86.321 is hereby amended to read as follows:

      86.321  The contributions to capital of a member to a limited-liability company may be in cash, property or services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services.

      Sec. 51.  NRS 86.331 is hereby amended to read as follows:

      86.331  1.  [A] Except as otherwise provided in chapter 463 of NRS, other applicable law, the articles of organization or the operating agreement, a member may not resign or withdraw as a member from a limited-liability company [at the time or upon the happening of events specified in the articles of organization or an operating agreement. If the articles of organization or operating agreement do not otherwise provide the time or the events upon the happening of which a member may resign, a member may resign upon not less than 6 months’ prior written notice to the limited-liability company at the office of its resident agent and to a manager, or if there is no manager, each member at the member’s or manager’s address as set forth on the records of the company.


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ê1997 Statutes of Nevada, Page 720 (Chapter 208, SB 297)ê

 

limited-liability company at the office of its resident agent and to a manager, or if there is no manager, each member at the member’s or manager’s address as set forth on the records of the company. The articles of organization or an operating agreement may provide that a member may not resign from a company or assign his interest] before the dissolution and winding up of the company . [, subject to the provisions of chapter 463 of NRS or other applicable law.

      2.  The]

      2.  If a member has a right to resign or withdraw, the amount that a resigning or withdrawing member is entitled to receive from the company for his interest must be determined pursuant to the provisions of this chapter, chapter 463 of NRS, the articles of organization or the operating agreement. If not otherwise provided therein, [then] a resigning or withdrawing member is entitled to receive, within a reasonable time after resignation [,] or withdrawal, the fair market value of his interest [, as of] on the date of resignation [, based upon his right to share in distributions from the company.] or withdrawal.

      Sec. 52.  NRS 86.341 is hereby amended to read as follows:

      86.341  A limited-liability company may, from time to time, divide the profits of its business and distribute them to its members , and any transferee as his interest may appear, upon the basis stipulated in the operating agreement . [, if after distribution is made, the assets of the company are in excess of all liabilities of the company except liabilities to members on account of their contributions.] If the operating agreement does not otherwise provide, profits and losses must be allocated proportionately to the value, as shown in the records of the company, of the contributions made by each member and not returned.

      Sec. 53.  NRS 86.346 is hereby amended to read as follows:

      86.346  1.  Unless otherwise provided in the operating agreement, a member, regardless of the nature of his contributions, or a transferee, regardless of the nature of his predecessor’s contributions, has no right to demand or receive any distribution from a limited-liability company in any form other than cash.

      2.  Except as otherwise provided in NRS 86.391 and 86.521, and unless otherwise provided in the operating agreement, at the time a member or transferee becomes entitled to receive a distribution he has the status of and is entitled to all remedies available to a creditor of the [limited-liability] company with respect to the distribution.

      Sec. 54.  NRS 86.351 is hereby amended to read as follows:

      86.351  1.  The interest of each member of a limited-liability company is personal property . [, and except as otherwise provided in this section may be transferred or assigned as provided in the operating agreement. If less than a majority in interest of the other members of the company other than the member proposing to dispose of his interest does not approve of the proposed transfer or assignment, the] The articles of organization or operating agreement may prohibit or regulate the transfer of a member’s interest. Unless otherwise provided in the articles or agreement, a transferee of [the] a member’s interest has no right to participate in the management of the business and affairs of the company or to become a member [.] unless a majority in interest of the other members approve the transfer.


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ê1997 Statutes of Nevada, Page 721 (Chapter 208, SB 297)ê

 

majority in interest of the other members approve the transfer. If so approved, the transferee becomes a substituted member. The transferee is only entitled to receive the share of profits or other compensation by way of income, and the return of contributions, to which [that member] his transferor would otherwise be entitled.

      2.  A substituted member [is a person admitted to all the rights of a member who has died or has assigned his interest in a limited-liability company with the approval of a majority in interest of the members of the company. The substituted member] has all the rights and powers and is subject to all the restrictions and liabilities of his [assignor,] transferor, except that the substitution of the [assignee] transferee does not release the [assignor] transferor from any liability to the company . [under this section.]

      Sec. 55.  NRS 86.391 is hereby amended to read as follows:

      86.391  1.  A member is liable to a limited-liability company:

      (a) For [the] a difference between his contributions to capital as actually made and [that] as stated in the articles of organization or operating agreement as having been made; and

      (b) For any unpaid contribution to capital which he agreed in the articles of organization or operating agreement to make in the future at the time and on the conditions stated in the articles of organization or operating agreement.

      2.  A member holds as trustee for the company:

      (a) Specific property stated in the articles of organization or operating agreement as contributed by him, but which was not contributed or which has been wrongfully or erroneously returned; and

      (b) Money or other property wrongfully paid or conveyed to him on account of his contribution [.] or the contribution of a predecessor with respect to his member’s interest.

      3.  The liabilities of a member as set out in this section can be waived or compromised only by the consent of all of the members, but a waiver or compromise does not affect the right of a creditor of the company [who] to enforce the liabilities if he extended credit or [whose] his claim arose [after the filing and before a cancellation or] before the effective date of an amendment of the articles of organization or operating agreement [, to enforce the liabilities.] effecting the waiver or compromise.

      4.  When a contributor has rightfully received the return in whole or in part of his contribution to capital, the contributor is liable to the company for any sum, not in excess of the return with interest, necessary to discharge its liability to all of its creditors who extended credit or whose claims arose before the return.

      Sec. 56.  NRS 86.411 is hereby amended to read as follows:

      86.411  A limited-liability company may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, except an action by or in the right of the company, by reason of the fact that he is or was a manager, member, employee or agent of the company, or is or was serving at the request of the company as a manager, member, employee or agent of another limited-liability company, corporation, partnership, joint venture, trust or other enterprise, against expenses, including attorney’s fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with the action, suit or proceeding if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the company, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful.


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ê1997 Statutes of Nevada, Page 722 (Chapter 208, SB 297)ê

 

liability company, corporation, partnership, joint venture, trust or other enterprise, against expenses, including attorney’s fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with the action, suit or proceeding if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the company, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contendere or its equivalent, does not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the limited-liability company, and that, with respect to any criminal action or proceeding, he had reasonable cause to believe that his conduct was unlawful.

      Sec. 57.  NRS 86.421 is hereby amended to read as follows:

      86.421  A limited-liability company may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the company to procure a judgment in its favor by reason of the fact that he is or was a manager, member, employee or agent of the company, or is or was serving at the request of the company as a manager, member, employee or agent of another limited-liability company, corporation, partnership, joint venture, trust or other enterprise against expenses, including [amount] amounts paid in settlement and attorneys’ fees actually and reasonably incurred by him in connection with the defense or settlement of the action or suit if he acted in good faith and in a manner in which he reasonably believed to be in or not opposed to the best interests of the company. Indemnification may not be made for any claim, issue or matter as to which such a person has been adjudged by a court of competent jurisdiction, after exhaustion of all appeals therefrom, to be liable to the company or for amounts paid in settlement to the company, unless and only to the extent that the court in which the action or suit was brought or other court of competent jurisdiction determines upon application that in view of all the circumstances of the case, he is fairly and reasonably entitled to indemnity for such expenses as the court deems proper.

      Sec. 58.  NRS 86.431 is hereby amended to read as follows:

      86.431  1.  To the extent that a manager, member, employee or agent of a limited-liability company has been successful on the merits or otherwise in defense of any action, suit or proceeding described in NRS 86.411 and 86.421, or in defense of any claim, issue or matter therein, the company shall indemnify him against expenses, including attorney’s fees, actually and reasonably incurred by him in connection with the defense.

      2.  Any indemnification under NRS 86.411 and 86.421, unless ordered by a court or advanced pursuant to NRS 86.441, may be made by the limited-liability company only as authorized in the specific case upon a determination that indemnification of the manager, member, employee or agent is proper in the circumstances. The determination must be made:

      (a) By the members or managers as provided in the articles of organization or the operating agreement;


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ê1997 Statutes of Nevada, Page 723 (Chapter 208, SB 297)ê

 

      (b) If there is no provision in the articles of organization or the operating agreement, by [the owners of more than 50 percent of the interests owned by] a majority in interest of the members who are not parties to the [act,] action, suit or proceeding;

      (c) If [members who own more than 50 percent of the interests owned by] a majority in interest of the members who are not parties to the [act,] action, suit or proceeding so order, by independent legal counsel in a written opinion; or

      (d) If members who are not parties to the [act,] action, suit or proceeding cannot be obtained, by independent legal counsel in a written opinion.

      Sec. 59.  NRS 86.441 is hereby amended to read as follows:

      86.441  The articles of organization , [and] the operating agreement or a separate agreement made by a limited-liability company may provide that the expenses of members and managers incurred in defending a civil or criminal action, suit or proceeding must be paid by the company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the manager or member to repay the amount if it is ultimately determined by a court of competent jurisdiction that he is not entitled to be indemnified by the company. The provisions of this section do not affect any rights to advancement of expenses to which personnel of the company other than managers or members may be entitled under any contract or otherwise by law.

      Sec. 60.  NRS 86.451 is hereby amended to read as follows:

      86.451  [The indemnification and] Indemnification or advancement of expenses authorized in or ordered by a court pursuant to NRS 86.411 to 86.441, inclusive:

      1.  Does not exclude any other rights to which a person seeking indemnification or advancement of expenses may be entitled under the articles of organization or any operating agreement, vote of members or disinterested managers, if any, or otherwise, for an action in his official capacity or an action in another capacity while holding his office, except that indemnification, unless ordered by a court pursuant to NRS 86.421 or for the advancement of expenses made pursuant to NRS 86.441, may not be made to or on behalf of any member or manager if a final adjudication establishes that his acts or omissions involved intentional misconduct, fraud or a knowing violation of the law and was material to the cause of action.

      2.  Continues for a person who has ceased to be a member, manager, employee or agent and inures to the benefit of his heirs, executors and administrators.

      Sec. 61.  NRS 86.491 is hereby amended to read as follows:

      86.491  A limited-liability company organized under this chapter must be dissolved and its affairs wound up:

      1.  At the time , if any, specified in the articles of organization;

      2.  Upon the occurrence of an event specified in an operating agreement; or

      3.  By the unanimous written agreement of all members . [; or

      4.  Upon the death, insanity, retirement, resignation, expulsion, bankruptcy or dissolution of a member or occurrence of any other event which terminates his continued membership in the company, unless the business of the company is continued by the consent of not less than a majority in interest of all the remaining members under a right to do so stated in the articles of organization of the company or a majority in interest of all remaining members agrees in writing within 90 days after the event to continue the business of the company.]

 


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ê1997 Statutes of Nevada, Page 724 (Chapter 208, SB 297)ê

 

which terminates his continued membership in the company, unless the business of the company is continued by the consent of not less than a majority in interest of all the remaining members under a right to do so stated in the articles of organization of the company or a majority in interest of all remaining members agrees in writing within 90 days after the event to continue the business of the company.]

      Sec. 62.  NRS 86.505 is hereby amended to read as follows:

      86.505  The dissolution of a limited-liability company does not impair any remedy or cause of action available to or against it or its managers or members arising before its dissolution and commenced within 2 years after the date of the dissolution. [It] A dissolved company continues as a company for the purpose of prosecuting and defending suits, actions, proceedings and claims of any kind or nature by or against it and of enabling it gradually to settle and close its business, to collect and discharge its obligations, to dispose of and convey its property, and to distribute its assets, but not for the purpose of continuing the business for which it was established.

      Sec. 63.  NRS 88.315 is hereby amended to read as follows:

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

      1.  “Certificate of limited partnership” means the certificate referred to in NRS 88.350, and the certificate as amended or restated.

      2.  “Contribution” means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his capacity as a partner.

      3.  “Event of withdrawal of a general partner” means an event that causes a person to cease to be a general partner as provided in NRS 88.450.

      4.  “Foreign limited partnership” means a partnership formed under the laws of any state other than this state and having as partners one or more general partners and one or more limited partners.

      5.  “General partner” means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner.

      6.  “Limited partner” means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement.

      7.  “Limited partnership” and “domestic limited partnership” mean a partnership formed by two or more persons under the laws of this state and having one or more general partners and one or more limited partners.

      8.  “Partner” means a limited or general partner.

      9.  “Partnership agreement” means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business.

      10.  “Partnership interest” means a partner’s share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets.


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ê1997 Statutes of Nevada, Page 725 (Chapter 208, SB 297)ê

 

      11.  [“Person” means a natural person, partnership, limited partnership (domestic or foreign), trust, estate, association or corporation.] “Registered office” means the office maintained at the street address of the resident agent.

      12.  “Resident agent” means the agent appointed by the limited partnership upon whom process or a notice or demand authorized by law to be served upon the limited partnership may be served.

      13.  “State” means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.

      Sec. 64.  NRS 88.331 is hereby amended to read as follows:

      88.331  [Whenever] If a limited partnership created pursuant to this chapter desires to change the location within this state of its registered office, or change its resident agent, or both, the change may be effected by filing with the secretary of state a certificate that sets forth:

      1.  The name of the limited partnership;

      2.  That the change authorized by this section is effective upon the filing of the certificate of change;

      3.  The street address of its present registered office;

      4.  If the present registered office is to be changed, the street address of the new registered office;

      5.  The name of its present resident agent; and

      6.  If the present resident agent is to be changed, the name of the new resident agent. The new resident agent’s certificate of acceptance must be a part of or attached to the certificate of change.

The certificate of change must be signed by a general partner of the limited partnership . [and acknowledged before a person authorized by the laws of the state to take acknowledgments.]

      Sec. 65.  NRS 88.335 is hereby amended to read as follows:

      88.335  1.  [Each] A limited partnership shall keep at the office referred to in paragraph (a) of subsection 1 of NRS 88.330 the following:

      (a) A current list of the full name and last known business address of each partner separately identifying the general partners in alphabetical order and the limited partners in alphabetical order;

      (b) A copy of the certificate of limited partnership and all certificates of amendment thereto, together with executed copies of any powers of attorney pursuant to which any certificate has been executed;

      (c) Copies of the limited partnership’s federal, state, and local income tax returns and reports, if any, for the 3 most recent years;

      (d) Copies of any then effective written partnership agreements and of any financial statements of the limited partnership for the 3 most recent years; and

      (e) Unless contained in a written partnership agreement, a writing setting out:

             (1) The amount of cash and a description and statement of the agreed value of the other property or services contributed by each partner and which each partner has agreed to contribute;

             (2) The times at which or events on the happening of which any additional contributions agreed to be made by each partner are to be made;


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ê1997 Statutes of Nevada, Page 726 (Chapter 208, SB 297)ê

 

             (3) Any right of a partner to receive, or of a general partner to make, distributions to a partner which include a return of all or any part of the partner’s contribution; and

             (4) Any events upon the happening of which the limited partnership is to be dissolved and its affairs wound up.

      2.  Records kept pursuant to this section are subject to inspection and copying at the reasonable request, and at the expense, of any partner during ordinary business hours.

      Sec. 66.  Chapter 92A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Approval” and “vote” as describing action by directors or stockholders mean the vote by directors in person or by written consent, or action of stockholders in person, by proxy or by written consent.

      Sec. 67.  NRS 92A.005 is hereby amended to read as follows:

      92A.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 92A.010 to 92A.080, inclusive, and section 66 of this act, have the meanings ascribed to them in those sections.

      Sec. 68.  NRS 92A.025 is hereby amended to read as follows:

      92A.025  “Domestic corporation” means a corporation organized and existing under chapter 78 , [or] 78A or 89 of NRS, or a nonprofit cooperative corporation organized pursuant to NRS 81.010 to 81.160, inclusive.

      Sec. 69.  NRS 92A.100 is hereby amended to read as follows:

      92A.100  1.  Except as limited by NRS 78.411 to 78.444, inclusive, one or more domestic entities may merge into another entity if the plan of merger is approved pursuant to the provisions of this chapter.

      2.  The plan of merger must set forth:

      (a) The name, address and [place] jurisdiction of organization and governing law of each constituent entity;

      (b) The name, [place] jurisdiction of organization [and governing law] and kind of entity or entities that will survive the merger;

      (c) The terms and conditions of the merger; and

      (d) The manner and basis of converting the owner’s interests of each constituent entity into owner’s interests, rights to purchase owner’s interests, or other securities of the surviving or other entity or into cash or other property in whole or in part.

      3.  The plan of merger may set forth:

      (a) Amendments to the constituent documents of the surviving entity; and

      (b) Other provisions relating to the merger.

      4.  The plan of merger must be in writing.

      Sec. 70.  NRS 92A.110 is hereby amended to read as follows:

      92A.110  1.  Except as a corporation is limited by NRS 78.411 to 78.444, inclusive, one or more domestic entities may acquire all of the outstanding owner’s interests of one or more classes or series of another entity not already owned by the acquiring entity or an affiliate thereof if the plan of exchange is approved pursuant to the provisions of this chapter.

      2.  The plan of exchange must set forth:

      (a) The name, address and [place] jurisdiction of organization and governing law of each constituent entity;


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ê1997 Statutes of Nevada, Page 727 (Chapter 208, SB 297)ê

 

      (b) The name, [place] jurisdiction of organization and kind of each entity whose [entity] owner’s interests will be acquired by one or more other entities;

      (c) The terms and conditions of the exchange; and

      (d) The manner and basis of exchanging the owner’s interests to be acquired for owner’s interests, rights to purchase owner’s interests, or other securities of the acquiring or any other entity or for cash or other property in whole or in part.

      3.  The plan of exchange may set forth other provisions relating to the exchange.

      4.  This section does not limit the power of a domestic entity to acquire all or part of the owner’s interests or one or more class or series of owner’s interests of another person through a voluntary exchange or otherwise.

      5.  The plan of exchange must be in writing.

      Sec. 71.  NRS 92A.140 is hereby amended to read as follows:

      92A.140  1.  Unless otherwise provided in the partnership agreement or the certificate of limited partnership, a plan of merger or exchange involving a domestic limited partnership must be approved by all general partners and by limited partners who own a majority in interest of the partnership then owned by all the limited partners. If the partnership has more than one class of limited partners, the plan of merger must be approved by those limited partners who own a majority in interest of the partnership then owned by the limited partners in each class.

      2.  For the purposes of this section, “majority in interest of the partnership” means a majority of the interests in capital and profits of the limited partners of a domestic limited partnership which:

      (a) In the case of capital, is determined as of the date of the approval of the plan of merger or exchange.

      (b) In the case of profits, is based on any reasonable estimate of profits for the period beginning on the date of the approval of the plan of merger or exchange and ending on the anticipated date of the termination of the domestic limited partnership, including any present or future division of profits distributed pursuant to the partnership agreement.

      Sec. 72.  NRS 92A.150 is hereby amended to read as follows:

      92A.150  Unless otherwise provided in the articles of organization or an operating agreement, a plan of merger or exchange involving a domestic limited-liability company must be approved by members who own a majority [in interest] of the interests in the current profits of the company then owned by all of the members. If the company has more than one class of members, the plan of merger must be approved by those members who own a majority [in interest] of the interests in the current profits of the company then owned by the members in each class.

      Sec. 73.  NRS 92A.180 is hereby amended to read as follows:

      92A.180  1.  A parent domestic corporation, whether or not for profit, parent domestic limited-liability company or parent domestic limited partnership owning at least 90 percent of the outstanding shares of each class of a subsidiary corporation, 90 percent of the percentage or other interest in the capital and profits of a subsidiary limited partnership then owned by both the general and each class of limited partners or 90 percent of the percentage or other interest in the capital and profits of a domestic subsidiary limited-liability company then owned by each class of members may merge the subsidiary into itself without approval of the owners of the owner’s interests of the parent domestic corporation, domestic limited-liability company or domestic limited partnership [.]


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ê1997 Statutes of Nevada, Page 728 (Chapter 208, SB 297)ê

 

of the percentage or other interest in the capital and profits of a domestic subsidiary limited-liability company then owned by each class of members may merge the subsidiary into itself without approval of the owners of the owner’s interests of the parent domestic corporation, domestic limited-liability company or domestic limited partnership [.] or the owners of the owner’s interests of a subsidiary domestic corporation, subsidiary domestic limited-liability company or subsidiary domestic limited partnership.

      2.  The board of directors of the parent domestic corporation, the managers of a parent domestic limited-liability company with managers unless otherwise provided in the operating agreement, all the members of a parent domestic limited-liability company without managers unless otherwise provided in the operating agreement, or all the general partners of the parent domestic limited partnership shall adopt a plan of merger that sets forth:

      (a) The names of the parent and subsidiary; and

      (b) The manner and basis of converting the owner’s interests of the subsidiary into the owner’s interests, obligations or other securities of the parent or any other entity or into cash or other property in whole or in part.

      3.  The parent shall mail a copy or summary of the plan of merger to each owner of the subsidiary who does not waive the mailing requirement in writing.

      4.  The parent may not deliver articles of merger to the secretary of state for filing until at least 30 days after the date the parent mailed a copy of the plan of merger to each owner of the subsidiary who did not waive the requirement of mailing.

      5.  Articles of merger under this section may not contain amendments to the constituent documents of the parent entity.

      Sec. 74.  NRS 92A.190 is hereby amended to read as follows:

      92A.190  1.  One or more foreign entities may merge or enter into an exchange of owner’s interests with one or more domestic entities if:

      (a) In a merger, the merger is permitted by the law of the jurisdiction under whose law each foreign entity is organized and governed and each foreign entity complies with that law in effecting the merger;

      (b) In an exchange, the entity whose owner’s interests will be acquired is a domestic entity, whether or not an exchange of owner’s interests is permitted by the law of the jurisdiction under whose law the acquiring entity is organized;

      (c) The foreign entity complies with NRS 92A.200 to 92A.240, inclusive, if it is the surviving entity in the merger or acquiring entity in the exchange and sets forth in the articles of merger or exchange its address where copies of process may be sent by the secretary of state [;] , but the execution, and acknowledgment if applicable, of the articles of merger or exchange by the foreign entity are subject to the laws governing it rather than to NRS 92A.200 to 92A.240, inclusive; and

      (d) Each domestic entity complies with the applicable provisions of NRS 92A.100 to 92A.180, inclusive, and, if it is the surviving entity in the merger or acquiring entity in the exchange, with NRS 92A.200 to 92A.240, inclusive.


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

ê1997 Statutes of Nevada, Page 729 (Chapter 208, SB 297)ê

 

      2.  When the merger or exchange takes effect, the surviving foreign entity in a merger and the acquiring foreign entity in an exchange shall be deemed:

      (a) To appoint the secretary of state as its agent for service of process in a proceeding to enforce any obligation or the rights of dissenting owners of each domestic entity that was a party to the merger or exchange. Service of such process must be made by personally delivering to and leaving with the secretary of state duplicate copies of the process and the payment of a fee of $25 for accepting and transmitting the process. The secretary of state shall forthwith send by registered or certified mail one of the copies to the surviving or acquiring entity at its specified address, unless the surviving or acquiring entity has designated in writing to the secretary of state a different address for that purpose, in which case it must be mailed to the last address so designated.

      (b) To agree that it will promptly pay to the dissenting owners of each domestic entity that is a party to the merger or exchange the amount, if any, to which they are entitled under or created pursuant to NRS 92A.300 to 92A.500, inclusive.

      3.  This section does not limit the power of a foreign entity to acquire all or part of the owner’s interests of one or more classes or series of a domestic entity through a voluntary exchange or otherwise.

      Sec. 75.  NRS 92A.200 is hereby amended to read as follows:

      92A.200  After a plan of merger or exchange is approved as required by this chapter, the surviving or acquiring entity shall deliver to the secretary of state for filing articles of merger or exchange setting forth:

      1.  The name and [place] jurisdiction of organization [and governing law] of each constituent entity;

      2.  That a plan of merger or exchange has been adopted by each constituent entity;

      3.  If approval of the owners of the parent was not required, a statement to that effect;

      4.  If approval of owners of one or more constituent entities was required, a statement that:

      (a) The plan was approved by the unanimous consent of the owners; or

      (b) A plan was submitted to the owners pursuant to this chapter including:

             (1) The designation, percentage of total vote or number of votes entitled to be cast by each class of owner’s interests entitled to vote separately on the plan; and

             (2) Either the total number of votes or percentage of owner’s interests cast for and against the plan by the owners of each class of interests entitled to vote separately on the plan or the total number of undisputed votes or undisputed total percentage of owner’s interests cast for the plan separately by the owners of each class,

and the number of votes or percentage of owner’s interests cast for the plan by the owners of each class of interests was sufficient for approval by the owners of that class;


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

ê1997 Statutes of Nevada, Page 730 (Chapter 208, SB 297)ê

 

      5.  In the case of a merger, the amendment to the articles of incorporation, articles of organization or certificate of limited partnership of the surviving entity; and

      6.  If the entire plan of merger or exchange is not set forth, a statement that the complete executed plan of merger or plan of exchange is on file at the registered office if a corporation or limited-liability company, office described in paragraph (a) of subsection 1 of NRS 88.330 if a limited partnership, principal place of business if a general partnership, or other place of business of the surviving entity or the acquiring entity, respectively.

      Sec. 76.  NRS 92A.230 is hereby amended to read as follows:

      92A.230  1.  Articles of merger or exchange must be signed and acknowledged by each domestic constituent entity as follows:

      [1.] (a) By the president [and secretary] or a vice-president of a domestic corporation, whether or not for profit;

      [2.] (b) By all the general partners of a domestic limited partnership; and

      [3.] (c) By a manager of a domestic limited-liability company with managers or by all the members of a domestic limited-liability company without managers.

      2.  If the entity is a corporation, the articles must also be signed by the secretary or an assistant secretary, but the signature need not be acknowledged.

      Sec. 77.  (Deleted by amendment.)

      Sec. 78.  NRS 92A.410 is hereby amended to read as follows:

      92A.410  1.  If a proposed corporate action creating dissenters’ rights is submitted to a vote at a stockholders’ meeting, the notice of the meeting must state that stockholders are or may be entitled to assert dissenters’ rights under NRS 92A.300 to 92A.500, inclusive, and be accompanied by a copy of those sections.

      2.  If the corporate action creating dissenters’ rights is taken by written consent of the stockholders or without a vote of the stockholders, the domestic corporation shall notify in writing all stockholders entitled to assert dissenters’ rights that the action was taken and send them the dissenter’s notice described in NRS 92A.430.

      Sec. 79.  NRS 92A.440 is hereby amended to read as follows:

      92A.440  1.  A stockholder to whom a dissenter’s notice is sent must:

      (a) Demand payment;

      (b) Certify whether he acquired beneficial ownership of the shares before the date required to be set forth in the dissenter’s notice for this certification; and

      (c) Deposit his certificates, if any, in accordance with the terms of the notice.

      2.  The stockholder who demands payment and deposits his certificates, if any, before the proposed corporate action is taken retains all other rights of a stockholder until those rights are canceled or modified by the taking of the proposed corporate action.

      3.  The stockholder who does not demand payment or deposit his certificates where required, each by the date set forth in the dissenter’s notice, is not entitled to payment for his shares under this chapter.


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

ê1997 Statutes of Nevada, Page 731 (Chapter 208, SB 297)ê

 

      Sec. 80.  NRS 41.520 is hereby amended to read as follows:

      41.520  1.  As used in this section “corporation” includes an unincorporated association, and “board of directors” includes the managing body of an unincorporated association.

      2.  In an action brought to enforce a secondary right on the part of one or more shareholders in a corporation or association, incorporated or unincorporated, because the corporation or association refuses to enforce rights which may properly be asserted by it, the complaint [shall] must be verified by oath and [shall] must aver that the plaintiff was a shareholder at the time of the transaction of which he complains or that his share thereafter devolved on him by operation of law. The complaint [shall] must also set forth with particularity the efforts of the plaintiff to secure from the board of directors or trustees and, if necessary, from the shareholders such action as he desires, and the reasons for his failure to obtain such action or the reasons for not making such effort.

      3.  In any such action, at any time within 30 days after service of summons upon the corporation or any defendant who is an officer or director of the corporation, or held such office at the time of the acts complained of, the corporation or such defendant may move the court for an order, upon notice and hearing, requiring the plaintiff to furnish security as hereinafter provided. Such motion [shall] must be based upon one or more of the following grounds:

      (a) That there is no reasonable possibility that the prosecution of the cause of action alleged in the complaint against the moving party will benefit the corporation or its security holders.

      (b) That the moving party, if other than the corporation, did not participate in the transaction complained of in any capacity.

The court on application of the corporation or any defendant may, for good cause shown, extend [such] the 30-day period for an additional period or periods not exceeding 60 days.

      4.  At the hearing upon such motion, the court shall consider such evidence, written or oral, by witnesses or affidavit, as may be material:

      (a) To the ground or grounds upon which the motion is based; or

      (b) To a determination of the probable reasonable expenses, including attorney’s fees, of the corporation and the moving party which will be incurred in the defense of the action. If the court determines, after hearing the evidence adduced by the parties at the hearing, that the moving party has established a probability in support of any of the grounds upon which the motion is based, the court shall fix the nature and amount of security to be furnished by the plaintiff for reasonable expenses, including attorney’s fees, which may be incurred by the moving party and the corporation in connection with such action, including expenses which the corporation may incur by reason of any obligation which it may have to indemnify its officers or directors pursuant to [NRS 78.751] section 5 of this act or otherwise. A determination by the court that security either [shall or shall] must or must not be furnished or [shall] must be furnished as to one or more defendants and not as to others shall not be deemed a determination of any one or more issues in the action or of the merits thereof. The corporation and the moving party [shall] have recourse to [such] the security in such amount as the court [shall determine] determines upon the termination of [such] the action.


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

ê1997 Statutes of Nevada, Page 732 (Chapter 208, SB 297)ê

 

amount as the court [shall determine] determines upon the termination of [such] the action. The amount of [such] the security may thereafter from time to time be increased or decreased in the discretion of the court upon showing that the security provided has or may become inadequate or is excessive. If the court, upon any such motion, makes a determination that security [shall] must be furnished by the plaintiff as to any one or more defendants, the action [shall] must be dismissed as to such defendant or defendants, unless the security required by the court [shall have been] is furnished within such reasonable time as may be fixed by the court.

      5.  If any such motion is filed, no pleadings need be filed by the corporation or any other defendants, and the prosecution of [such action shall] the action must be stayed, until 10 days after [such] the motion has been disposed of.

      Sec. 81.  NRS 463.4866 is hereby amended to read as follows:

      463.4866  “Manager” means a person [elected by the members of a limited-liability company] designated or selected to manage [the company pursuant to NRS 86.291.] a limited-liability company.

      Sec. 82.  NRS 86.041, 86.106 and 92A.065 are hereby repealed.

      Sec. 83.  1.  This section and sections 23, 24, 25, 26 and 30 of this act become effective upon passage and approval.

      2.  Sections 1 to 22, inclusive, 27, 28, 29 and 31 to 82, inclusive, of this act become effective on October 1, 1997.

________

 

CHAPTER 209, SB 364

Senate Bill No. 364–Senators Rawson, McGinness, O’Connell and Rhoads

CHAPTER 209

AN ACT relating to taxation; providing criteria for relief from inequitable assessment of property; and providing other matters properly relating thereto.

 

[Approved June 26, 1997]

 

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

 

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

      1.  An owner of property who believes that his property was assessed at a higher value than another property whose use is identical and whose location is comparable, may appeal the assessment on or before January 15 of the fiscal year in which the assessment was made, to the county board of equalization. If the board finds that an inequity exists in the assessment of the value of the land or the value of the improvements, or both, the board may add to or deduct from the value of the land or the value of the improvements, or both, either of the appellant’s property or of the property to which it is compared, to equalize the assessment.


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

ê1997 Statutes of Nevada, Page 733 (Chapter 209, SB 364)ê

 

      2.  In the case of residential property, the appellant shall cite other property within the same subdivision if possible.

      Sec. 2.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 210, SB 44

Senate Bill No. 44–Committee on Government Affairs

CHAPTER 210

AN ACT relating to the City of Reno; making various changes to the charter of the City of Reno concerning elective and appointive offices; and providing other matters properly relating thereto.

 

[Approved June 30, 1997]

 

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

 

      Section 1.  Section 1.070 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 854, Statutes of Nevada 1989, at page 2061, is hereby amended to read as follows:

       Sec. 1.070  Elective offices: Vacancies.

       1.  [A] Except as otherwise provided in this section, a vacancy in the city council or in the office of city attorney or municipal judge must be filled by a majority vote of the members of the city council within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the city council before the vacancy occurs. In such a case, each member of the council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the council pursuant to this section. The appointee must have the same qualifications as are required of the elective official.

       2.  The appointee shall serve [the balance of the term of office to which he is appointed] until the next general municipal election and until his successor is elected and qualified. Notwithstanding the provisions of section 5.010 of this charter to the contrary, the office must be filled by election at the next general municipal election. If that election is other than the election specified in section 5.010 of this charter for the filling of the office, the election is only for the balance of the unexpired term for that office.

       3.  If a vacancy occurs in an office of city council, in lieu of appointment, the city council may, by resolution, declare a special election to fill the vacancy. The special election must be conducted in accordance with the provisions of the resolution declaring the special election and section 5.030 of this charter.


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

ê1997 Statutes of Nevada, Page 734 (Chapter 210, SB 44)ê

 

      Sec. 2.  Section 1.090 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 65, Statutes of Nevada 1981, at page 160, is hereby amended to read as follows:

       Sec. 1.090  Appointive officers.

       1.  The city council shall provide for the appointment of a city manager to perform the duties outlined in section 3.020. A vacancy in the office of city manager must be filled within 6 months.

       2.  Applicants for the position of city manager need not be residents of the city or state at the time of their appointment, except that applicants who are residents of the city and who have qualifications equal to those of nonresidents must be given preference in filling the position.

       3.  The city council may establish such other appointive offices as it may deem necessary for the operation of the city by designating the position and the qualifications therefor by ordinance. Appointive offices are limited to the head of each department or division except:

       (a) One immediate assistant for the director of public works.

       (b) Special technical staff members who report directly to the city manager.

       (c) In the fire department and police department, no positions below the office of chief.

Appointment of such officers must be made by the city manager and the appointment of the chief of police and the fire chief must be confirmed by the city council.

       4.  A city clerk must be appointed by the city council.

      Sec. 3.  Section 1.100 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 561, Statutes of Nevada 1977, at page 1392, is hereby amended to read as follows:

       Sec. 1.100  Appointive officers: Miscellaneous provisions.

       1.  All appointive officers, except the city clerk and his deputy, shall perform such duties as may be designated by the city manager . [and such other duties as may be directed by the city council.]

       2.  Any employee of the city holding a civil service rating under the city and who is appointed to any position provided for in section 1.090 [shall] does not lose his civil service rating while serving in [such] that position.

       3.  All appointive officers [shall be] are entitled to all employment benefits to which civil service employees are entitled.

       4.  The city council may require from all other officers and employees of the city constituted or appointed under this charter, except the mayor and councilmen, sufficient security for the faithful and honest performance of their respective duties.


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

ê1997 Statutes of Nevada, Page 735 (Chapter 210, SB 44)ê

 

      Sec. 4.  Section 3.010 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 9, Statutes of Nevada 1993, at page 20, is hereby amended to read as follows:

       Sec. 3.010  Mayor: Duties; assistant mayor.

       1.  The mayor:

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

       (b) [Must] Shall not have any administrative duties.

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

       (d) Shall determine the order of business at meetings pursuant to the rules of the city council.

       (e) Is entitled to vote and shall vote last on all roll call votes.

       (f) Shall take all proper measures for the preservation of the public peace and order and for the suppression of riots and all forms of public disturbance, for which he is authorized to appoint extra policemen temporarily and without regard to civil service rules and regulations, and to call upon the sheriff of Washoe County, or, if that force is inadequate, to call upon the governor for assistance.

       (g) Shall perform such other duties, except administrative duties, as may be 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.

       2.  At the first regular city council meeting in [June] November of each year, the city council shall elect one of the councilmen to be assistant mayor. That person:

       (a) Holds that office and title, without additional compensation, for a term of 1 year or until removed after a hearing for cause by a vote of six-sevenths of the city council.

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

       (c) Shall act as mayor [until the next election] if the office of mayor becomes vacant [.] until the vacancy is filled pursuant to section 1.070 of this charter.

      Sec. 5.  Section 3.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 65, Statutes of Nevada 1981, at page 161, is hereby amended to read as follows:

       Sec. 3.020  City manager: Duties; compensation.

       1.  The city manager is the chief executive and administrative officer of the city government. He is responsible to the city council for the proper administration of all affairs of the city. His duties and salary must be fixed by the city council and he is entitled to be reimbursed for all expenses incurred in the performance of his duties.

       2.  The city manager may appoint such clerical and administrative assistants as he may deem necessary.


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

ê1997 Statutes of Nevada, Page 736 (Chapter 210, SB 44)ê

 

       3.  He may designate an acting city manager to serve in his absence or, if he fails to do so, the city council may appoint an acting city manager.

       4.  No councilman may be appointed as city manager during the term for which he was elected, or for 1 year thereafter.

       5.  The city manager shall appoint all officers and employees of the city and may remove [for cause] any officer or employee of the city except as [may otherwise be] otherwise provided in this charter. The city manager may authorize the head of a department or office to appoint or remove his subordinates. The appointment of a [head of a department or office] chief of police or a fire chief by the city manager does not take effect until it has been confirmed by a majority vote of the members of the city council . [; and if] If a person so nominated is not confirmed, the city manager shall continue to submit nominations until a nominee is confirmed. [The city council may, by a majority vote of all the members elected, remove for cause any head of a department or office. All provisions of this subsection relating to appointment and removal of officers and employees are subject to the civil service provisions of article IX of this charter.]

      Sec. 6.  Section 3.030 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1973, is hereby amended to read as follows:

       Sec. 3.030  City manager: Removal.

       1.  The city council may remove the city manager from office in accordance with the procedure contained in this section.

       2.  The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which [shall] must state the reasons for removal and may suspend the city manager from duty for a period not to exceed 15 days. A copy of the resolution [shall] must be delivered promptly to the city manager.

       3.  Within 5 days after a copy of the resolution is delivered to the city manager, he may file with the city council a written request for a public hearing. The public hearing [shall] must be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the city council a written reply not later than 5 days before the hearing.

       4.  The city council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members, at any time after 5 days from the date when a copy of the preliminary resolution was delivered to the city manager [,] if he has not requested a public hearing or at any time after the public hearing if he has requested one.

       5.  The city manager [shall continue] is entitled to receive his salary until the effective date of the final resolution of removal. [The action of the city council in suspending or removing the city manager shall not be subject to review by any agency or court.]


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

ê1997 Statutes of Nevada, Page 737 (Chapter 210, SB 44)ê

 

      Sec. 7.  Section 3.040 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 65, Statutes of Nevada 1981, at page 161, is hereby amended to read as follows:

       Sec. 3.040  City clerk: Duties.

       1.  The city clerk shall:

       (a) Keep the corporate seal and all books and papers belonging to the city.

       (b) 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.

       (c) Sign all warrants issued.

       (d) Number and sign all licenses issued by the city. All licenses must be in a form devised by the city clerk and approved by the city council.

       (e) 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.

       (f) Be the official collector of all business license fees and penalties of the city , [;] and all [moneys] money making up the city revenues, except general taxes and special assessments, must be paid over to him.

       2.  The city clerk has custody of all the official records of the city. He is responsible to the city council for the proper discharge of his duties. His duties and salary are fixed by the city council , and he is entitled to be reimbursed for all expenses incurred in the performance of his duties.

       3.  The city clerk may, with approval of the city council, appoint one chief deputy and one manager of record systems, who are not subject to the provisions of article IX of this charter. The [chief deputy may administer] city clerk may designate a member of his staff as acting city clerk to:

       (a) Administer oaths ; and [shall perform]

       (b)Perform all the duties of the city clerk in [the latter’s] his absence.

      Sec. 8.  Section 3.140 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1976, is hereby amended to read as follows:

       Sec. 3.140  Interference by city council.

       1.  The mayor or councilmen shall not dictate the appointment, suspension or removal of any city administrative officer or employee appointed by the city manager or his subordinates . [unless the city council fully and freely discusses the matter with the city manager.] No person covered by the rules and regulations of the civil service commission may be appointed, suspended or removed except as provided in [such] those rules and regulations.


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

ê1997 Statutes of Nevada, Page 738 (Chapter 210, SB 44)ê

 

       2.  The city council or its members shall not deal directly with a city official or employee on a matter pertaining to city business but shall deal through the city manager.

      Sec. 9.  Section 5.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 462, Statutes of Nevada 1993, at page 1468, is hereby amended to read as follows:

       Sec. 5.020  Primary elections; declaration of candidacy.

       1.  Except as otherwise provided in this subsection, a candidate for any office to be voted for at an election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of the primary election. A candidate for any office to be voted for at [an] a regular election held after June 1995 shall file an affidavit of candidacy with the city clerk not earlier than [January 1] the first Monday in May of the year in which the election is to be held nor later than 5 p.m. on the [second Tuesday in May.] third Monday in May. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of $25 for filing an affidavit of candidacy. All filing fees so collected by the city clerk must be deposited to the credit of the general fund of the city.

       2.  If for any general municipal election held before July 1995, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the Tuesday following the first Monday in May 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 municipal election but must be placed on the ballot for the general election.

       3.  If for any general election held after June 1995, there are three or more candidates for any office to be filled at that 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 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.

       4.  In the primary election:

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

       (b) Candidates for councilman who represent a specific ward must be voted upon only by the registered voters of that ward.

       (c) Candidates for mayor and councilman at large must be voted upon by all registered voters of the city.


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

ê1997 Statutes of Nevada, Page 739 (Chapter 210, SB 44)ê

 

       5.  The mayor and all councilmen must be voted upon by all registered voters of the city at the general election.

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

________

 

CHAPTER 211, SB 129

Senate Bill No. 129–Senator Jacobsen

CHAPTER 211

AN ACT relating to motorists; requiring motorists to exercise due care to avoid collisions with pedestrians and bicyclists; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 30, 1997]

 

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

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

      A driver of a motor vehicle shall:

      1.  Exercise due care to avoid a collision with a pedestrian;

      2.  Give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision; and

      3.  Exercise proper caution upon observing a pedestrian on or near a highway, street or road or in or near a school crossing zone marked in accordance with NRS 484.366 or a marked or unmarked crosswalk.

      Sec. 2.  NRS 484.324 is hereby amended to read as follows:

      484.324  1.  The driver of a motor vehicle shall not:

      (a) Intentionally interfere with the movement of a person lawfully riding a bicycle; or

      (b) Overtake and pass a person riding a bicycle unless he can do so safely without endangering the person riding the bicycle.

      2.  The driver of a motor vehicle shall yield the right of way to any person riding a bicycle on the pathway or lane. The driver of a motor vehicle shall not stop, stand, park or drive within a pathway or lane provided for bicycles except:

      (a) When preparing to make or making a turn;

      (b) When entering or exiting an alley or driveway;

      (c) When operating or parking a disabled vehicle;

      (d) To avoid conflict with other traffic;

      (e) In the performance of official duties;

      (f) In compliance with the directions of a police officer; or

      (g) In an emergency.

      3.  The driver of a motor vehicle shall:

      (a) Exercise due care to avoid a collision with a person riding a bicycle; and

      (b) Give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision.

      4.  The operator of a bicycle shall not:

      (a) Intentionally interfere with the movement of a motor vehicle; or


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

ê1997 Statutes of Nevada, Page 740 (Chapter 211, SB 129)ê

 

      (b) Overtake and pass a motor vehicle unless he can do so safely without endangering himself or the occupants of the motor vehicle.

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

      Sec. 4.  The provisions of this act do not apply to offenses that are committed before October 1, 1997.

________

 

CHAPTER 212, AB 435

Assembly Bill No. 435–Committee on Ways and Means

CHAPTER 212

AN ACT making an appropriation for a risk assessment and workload study of the Division of Parole and Probation of the Department of Motor Vehicles and Public Safety; and providing other matters properly relating thereto.

 

[Approved June 30, 1997]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the Division of Parole and Probation of the Department of Motor Vehicles and Public Safety the sum of $94,994 for:

      1.  A workload study of the Division of Parole and Probation; and

      2.  A study to validate the method of classifying the risk assessment of offenders, to examine whether additional supervision for offenders classified as high- or low-risk offenders reduces their criminal activity, and of the use and effectiveness of classification overrides in the system of classification.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, 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, 1997, whichever occurs earlier.

________

 


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

ê1997 Statutes of Nevada, Page 741ê

 

CHAPTER 213, AB 458

Assembly Bill No. 458–Committee on Judiciary

CHAPTER 213

AN ACT relating to search warrants; authorizing a magistrate to order certain affidavits and recordings of oral statements concerning search warrants to be sealed; and providing other matters properly relating thereto.

 

[Approved June 30, 1997]

 

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

 

      Section 1.  NRS 179.045 is hereby amended to read as follows:

      179.045  1.  A search warrant may issue only on affidavit or affidavits sworn to before the magistrate and establishing the grounds for issuing the warrant or as provided in subsection 2. If the magistrate is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, he shall issue a warrant identifying the property and naming or describing the person or place to be searched.

      2.  In lieu of the affidavit required by subsection 1, the magistrate may take an oral statement given under oath, which must be recorded in the presence of the magistrate or in his immediate vicinity by a certified court reporter or by electronic means, transcribed, certified by the reporter if he recorded it, and certified by the magistrate. The statement must be filed with the clerk of the court.

      3.  Upon a showing of good cause, the magistrate may order an affidavit or a recording of an oral statement given pursuant to this section to be sealed. Upon a showing of good cause, a court may cause the affidavit or recording to be unsealed.

      4.  After a magistrate has issued a search warrant, whether it is based on an affidavit or an oral statement given under oath, he may orally authorize a peace officer to sign the [magistrate’s] name of the magistrate on a duplicate original warrant. A duplicate original search warrant shall be deemed to be a search warrant. It must be returned to the magistrate who authorized the signing of his name on it. The magistrate shall endorse his name and enter the date on the warrant when it is returned to him. Any failure of the magistrate to make such an endorsement and entry does not in itself invalidate the warrant.

      [4.] 5.  The warrant must be directed to a peace officer in the county where the warrant is to be executed. It must [state] :

      (a) State the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support thereof [. It] ; or

      (b) Incorporate by reference the affidavit or oral statement upon which it is based.

The warrant must command the officer to search forthwith the person or place named for the property specified.


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

ê1997 Statutes of Nevada, Page 742 (Chapter 213, AB 458)ê

 

      [5.] 6.  The warrant must direct that it be served between the hours of 7 a.m. and 7 p.m., unless the magistrate, upon a showing of good cause therefor, inserts a direction that it be served at any time.

      [6.] 7.  The warrant must designate the magistrate to whom it is to be returned.

________

 

CHAPTER 214, AB 477

Assembly Bill No. 477–Committee on Commerce

CHAPTER 214

AN ACT relating to health insurance; requiring certain policies of health insurance to include coverage for the management and treatment of diabetes; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 30, 1997]

 

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

 

      Section 1.  Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  No policy of health insurance that provides coverage for hospital, medical or surgical expenses may be delivered or issued for delivery in this state unless the policy includes coverage for the management and treatment of diabetes, including, without limitation, coverage for the self-management of diabetes.

      2.  An insurer who delivers or issues for delivery a policy specified in subsection 1:

      (a) Shall include in the disclosure required pursuant to NRS 689A.390 notice to each policyholder and subscriber under the policy of the availability of the benefits required by this section.

      (b) Shall provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the policy.

      3.  A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 1998, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with this section is void.

      4.  As used in this section:

      (a) “Coverage for the management and treatment of diabetes” includes coverage for medication, equipment, supplies and appliances that are medically necessary for the treatment of diabetes.

      (b) “Coverage for the self-management of diabetes” includes:

             (1) The training and education provided to an insured person after he is initially diagnosed with diabetes which is medically necessary for the care and management of diabetes, including, without limitation, counseling in nutrition and the proper use of equipment and supplies for the treatment of diabetes;

 


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

ê1997 Statutes of Nevada, Page 743 (Chapter 214, AB 477)ê

 

in nutrition and the proper use of equipment and supplies for the treatment of diabetes;

             (2) Training and education which is medically necessary as a result of a subsequent diagnosis that indicates a significant change in the symptoms or condition of the insured person and which requires modification of his program of self-management of diabetes; and

             (3) Training and education which is medically necessary because of the development of new techniques and treatment for diabetes.

      (c) “Diabetes” includes type I, type II and gestational diabetes.

      Sec. 2.  NRS 689A.330 is hereby amended to read as follows:

      689A.330  If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the commissioner that the policy is not subject to approval or disapproval by that officer, the commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 1 of this act.

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

      1.  No group policy of health insurance that provides coverage for hospital, medical or surgical expenses may be delivered or issued for delivery in this state unless the policy includes coverage for the management and treatment of diabetes, including, without limitation, coverage for the self-management of diabetes.

      2.  An insurer who delivers or issues for delivery a policy specified in subsection 1:

      (a) Shall include in the disclosure required pursuant to NRS 689B.027 notice to each policyholder and subscriber under the policy of the availability of the benefits required by this section.

      (b) Shall provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the policy.

      3.  A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 1998, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with this section is void.

      4.  As used in this section:

      (a) “Coverage for the management and treatment of diabetes” includes coverage for medication, equipment, supplies and appliances that are medically necessary for the treatment of diabetes.

      (b) “Coverage for the self-management of diabetes” includes:

             (1) The training and education provided to the employee or member of the insured group after he is initially diagnosed with diabetes which is medically necessary for the care and management of diabetes, including, without limitation, counseling in nutrition and the proper use of equipment and supplies for the treatment of diabetes;


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

ê1997 Statutes of Nevada, Page 744 (Chapter 214, AB 477)ê

 

             (2) Training and education which is medically necessary as a result of a subsequent diagnosis that indicates a significant change in the symptoms or condition of the employee or member of the insured group and which requires modification of his program of self-management of diabetes; and

             (3) Training and education which is medically necessary because of the development of new techniques and treatment for diabetes.

      (c) “Diabetes” includes type I, type II and gestational diabetes.

      Sec. 4.  Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  No contract for hospital or medical service that provides coverage for hospital, medical or surgical expenses may be delivered or issued for delivery in this state unless the contract includes coverage for the management and treatment of diabetes, including, without limitation, coverage for the self-management of diabetes.

      2.  An insurer who delivers or issues for delivery a contract specified in subsection 1:

      (a) Shall include in the disclosure required pursuant to NRS 695B.172 notice to each policyholder or subscriber covered under the contract of the availability of the benefits required by this section.

      (b) Shall provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the contract.

      3.  A contract for hospital or medical service subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 1998, has the legal effect of including the coverage required by this section, and any provision of the contract that conflicts with this section is void.

      4.  As used in this section:

      (a) “Coverage for the management and treatment of diabetes” includes coverage for medication, equipment, supplies and appliances that are medically necessary for the treatment of diabetes.

      (b) “Coverage for the self-management of diabetes” includes:

             (1) The training and education provided to a person covered under the contract after he is initially diagnosed with diabetes which is medically necessary for the care and management of diabetes, including, without limitation, counseling in nutrition and the proper use of equipment and supplies for the treatment of diabetes;

             (2) Training and education which is medically necessary as a result of a subsequent diagnosis that indicates a significant change in the symptoms or condition of the person covered under the contract and which requires modification of his program of self-management of diabetes; and

             (3) Training and education which is medically necessary because of the development of new techniques and treatment for diabetes.

      (c) “Diabetes” includes type I, type II and gestational diabetes.


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

ê1997 Statutes of Nevada, Page 745 (Chapter 214, AB 477)ê

 

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

      1.  No evidence of coverage that provides coverage for hospital, medical or surgical expenses may be delivered or issued for delivery in this state unless the evidence of coverage includes coverage for the management and treatment of diabetes, including, without limitation, coverage for the self-management of diabetes.

      2.  An insurer who delivers or issues for delivery an evidence of coverage specified in subsection 1:

      (a) Shall include in the disclosure required pursuant to NRS 695C.193 notice to each enrollee under the evidence of coverage of the availability of the benefits required by this section.

      (b) Shall provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for the evidence of coverage that are required under the evidence of coverage.

      3.  Evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 1998, has the legal effect of including the coverage required by this section, and any provision of the evidence of coverage that conflicts with this section is void.

      4.  As used in this section:

      (a) “Coverage for the management and treatment of diabetes” includes coverage for medication, equipment, supplies and appliances that are medically necessary for the treatment of diabetes.

      (b) “Coverage for the self-management of diabetes” includes:

             (1) The training and education provided to the enrollee after he is initially diagnosed with diabetes which is medically necessary for the care and management of diabetes, including, without limitation, counseling in nutrition and the proper use of equipment and supplies for the treatment of diabetes;

             (2) Training and education which is medically necessary as a result of a subsequent diagnosis that indicates a significant change in the symptoms or condition of the enrollee and which requires modification of his program of self-management of diabetes; and

             (3) Training and education which is medically necessary because of the development of new techniques and treatment for diabetes.

      (c) “Diabetes” includes type I, type II and gestational diabetes.

      Sec. 6.  NRS 695C.330 is hereby amended to read as follows:

      695C.330  1.  The commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization [under] pursuant to the provisions of this chapter if he finds that any of the following conditions exist:

      (a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted [under] pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the commissioner;


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

ê1997 Statutes of Nevada, Page 746 (Chapter 214, AB 477)ê

 

      (b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.170 to 695C.200, inclusive [;] , or section 5 of this act;

      (c) The health care plan does not furnish comprehensive health care services as provided for in subsection 2 of NRS 695C.030;

      (d) The state board of health certifies to the commissioner that:

             (1) The health maintenance organization does not meet the requirements of subsection 2 of NRS 695C.080; or

             (2) The health maintenance organization is unable to fulfill its obligations to furnish health care services as required under its health care plan;

      (e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

      (f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs [under] pursuant to NRS 695C.110;

      (g) The health maintenance organization has failed to put into effect the system for complaints required by NRS 695C.260 in a manner reasonably to dispose of valid complaints;

      (h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

      (i) The continued operation of the health maintenance organization would be hazardous to its enrollees; or

      (j) The health maintenance organization has otherwise failed to [substantially] comply substantially with the provisions of this chapter.

      2.  A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

      3.  [When] If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

      4.  [When] If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation [whatsoever.] of any kind. The commissioner may by written order permit such further operation of the organization as he may find to be in the best interest of enrollees to the end that enrollees [will be] are afforded the greatest practical opportunity to obtain continuing coverage for health care.

      Sec. 7.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

________

 


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

ê1997 Statutes of Nevada, Page 747ê

 

CHAPTER 215, AB 69

Assembly Bill No. 69–Committee on Government Affairs

CHAPTER 215

AN ACT relating to the City of North Las Vegas; authorizing the City of North Las Vegas to increase the number of municipal judges; revising the residency requirement for municipal judges and city councilmen; requiring that a candidate for city council who receives votes equal to a majority of voters casting ballots in the primary election be declared elected to a seat on the city council; and providing other matters properly relating thereto.

 

[Approved June 30, 1997]

 

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

 

      Section 1.  The charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1210, is hereby amended by adding thereto a new section to be designated as section 4.005, immediately preceding section 4.020, to read as follows:

       Sec. 4.005  Municipal court.

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

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

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

       4.  Except as otherwise provided by the ordinance establishing an additional department, each municipal judge must be voted upon by the registered voters of the city at large.

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

      Sec. 2.  Section 1.050 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1211, is hereby amended to read as follows:

       Sec. 1.050  Elective offices.

       1.  The elective officers of the city consist of:

       (a) A mayor.


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ê1997 Statutes of Nevada, Page 748 (Chapter 215, AB 69)ê

 

       (b) Four councilmen.

       (c) One or more municipal [judge.] judges, as determined pursuant to section 4.005 of this charter.

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

      Sec. 3.  Section 2.010 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1212, as amended by chapter 98, Statutes of Nevada 1977, at page 209, is hereby amended to read as follows:

       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 councilmen and a mayor.

       2.  The mayor and councilmen [shall] must be:

       (a) Bona fide residents of the city for at least [2 years prior to] 6 months immediately preceding their election.

       (b) Qualified electors within the city.

       3.  At the time of filing, if so required by an ordinance duly enacted, candidates for the office of mayor and councilman shall produce evidence in satisfaction of any or all of the qualifications provided in subsection 2.

       4.  All councilmen, including the mayor, [shall] must be voted upon by the registered voters of the city at large , and [shall serve for] their terms of office are 4 years.

       5.  The mayor and councilmen [shall] are entitled to receive a salary in an amount fixed by the city council.

      Sec. 4.  Section 4.020 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1222, as last amended by chapter 208, Statutes of Nevada 1985, at page 675, is hereby amended to read as follows:

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

       1.  A municipal judge must have been a resident of the city for a continuous [2-year] period of at least 6 months immediately preceding his election.

       2.  If so required by an ordinance duly enacted, candidates for the office of municipal judge, at the time of filing, shall produce evidence in satisfaction of any or all of the qualifications for office.

       3.  The salary of [the] a municipal judge must be fixed by the city council.

      Sec. 5.  Section 5.020 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 723, Statutes of Nevada 1973, at page 1442, is hereby amended to read as follows:

       Sec. 5.020  Primary municipal elections; declaration of candidacy.

       1.  The city council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents.


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

ê1997 Statutes of Nevada, Page 749 (Chapter 215, AB 69)ê

 

       2.  If for any general municipal election there are three or more candidates for the offices of mayor or municipal judge, or five or more candidates for the office of councilman, a primary election for any such office [shall] must be held on the Tuesday following the [1st] first Monday in May preceding [such] the general election.

       3.  [After] Except as otherwise provided in subsections 4 and 5, after the primary election, the names of the two candidates for mayor and municipal judge and the names of the four candidates for city councilman who receive the highest number of votes [shall] must be placed on the ballot for the general election . [unless]

       4.  If one of the candidates for mayor or municipal judge receives a majority of the total votes cast for that office in the primary election, [in which case such candidate shall be declared the winner.] he shall be declared elected to office and his name must not appear on the ballot for the general election.

       5.  If a candidate for city council receives votes equal to a majority of voters casting ballots in the primary election:

       (a) He shall be declared elected to one of the open seats on the city council and his name must not appear on the ballot for the general election.

       (b) Unless all the open seats were filled pursuant to paragraph (a), the names of those candidates who received the highest number of votes but did not receive a number of votes equal to a majority of the voters casting ballots in the primary election, not to exceed twice the number of candidates remaining to be elected, must be placed on the ballot for the general election.

________

 

CHAPTER 216, AB 117

Assembly Bill No. 117–Committee on Elections, Procedures, and Ethics

CHAPTER 216

AN ACT relating to elections; making various changes relating to petitions, candidacy, election districts and ballots; prohibiting certain acts by an employee of a voter registration agency or a person who assists another in completing an application to register by mail to vote; making various other changes; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 30, 1997]

 

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

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 293.094 is hereby amended to read as follows:

      293.094  “Rejected ballot” means a ballot that must not be counted because it is rejected by the election board or counting board for any reason required or authorized by this chapter.


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

ê1997 Statutes of Nevada, Page 750 (Chapter 216, AB 117)ê

 

      Sec. 3.  NRS 293.1276 is hereby amended to read as follows:

      293.1276  1.  Within [2] 4 days excluding Saturdays, Sundays and holidays, after the submission of a petition containing signatures which are required to be verified pursuant to NRS 293.128, 293.172, 293.200, 295.056, 298.109 or 306.035, the county clerk shall determine the total number of signatures affixed to the documents and forward that information to the secretary of state.

      2.  If the secretary of state finds that the total number of signatures filed with all the county clerks is less than 100 percent of the required number of registered voters, he shall so notify the person who submitted the petition and the county clerks and no further action may be taken in regard to the petition. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.

      3.  After the petition is submitted to the county clerk it must not be handled by any other person except by an employee of the county clerk’s office until it is filed with the secretary of state.

      Sec. 4.  NRS 293.1277 is hereby amended to read as follows:

      293.1277  1.  If the secretary of state finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, he shall immediately so notify the county clerks. Within [7] 9 days excluding Saturdays, Sundays and holidays after notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in his county.

      2.  If more than 500 names have been signed on the documents submitted to him, a county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures, whichever is greater.

      3.  In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote. If the county clerk uses that file, he shall ensure that every application in the file is examined, including any application in his possession which may not yet be entered into his records. The county clerk shall rely only on the appearance of the signature and the address and date included with each signature in making his determination.

      4.  Except as otherwise provided in subsection 6, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of his examination and transmit the documents with the certificate to the secretary of state. A copy of this certificate must be filed in the clerk’s office.

      5.  A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.172, 293.200, 295.056, 298.109 or 306.035 must be allowed to witness the verification of the


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

ê1997 Statutes of Nevada, Page 751 (Chapter 216, AB 117)ê

 

signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.

      6.  For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.200 or 306.035 for any county, district or municipal office within one county, the county clerk shall not transmit to the secretary of state the documents containing the signatures of the registered voters.

      7.  The secretary of state may by regulation establish further procedures for carrying out the provisions of this section.

      Sec. 5.  NRS 293.1279 is hereby amended to read as follows:

      293.1279  1.  If the statistical sampling shows that the number of valid signatures filed is 90 percent or more but less than 100 percent of the number of signatures of registered voters needed to declare the petition sufficient, the secretary of state shall order the county clerks to examine the signatures for verification. The county clerks must examine the signatures for verification until they determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid.

      2.  If the statistical sampling shows that the number of valid signatures filed in any county is 90 percent or more but less than 100 percent of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county, the secretary of state may order the county clerk in that county to examine every signature for verification.

      3.  Within [15] 12 days excluding Saturdays, Sundays and holidays after receipt of such an order, the clerk shall determine from the records of registration what number of registered voters have signed the petition. If necessary, the board of county commissioners shall allow the county clerk additional assistants for examining the signatures and provide for their compensation. In determining from the records of registration what number of registered voters have signed the petition, the clerk may use any file or list of registered voters maintained by his office or facsimiles of voters’ signatures. The county clerk may rely on the appearance of the signature and the address and date included with each signature in determining the number of registered voters that signed the petition.

      4.  Except as otherwise provided in subsection 5, upon completing the examination, the county clerk shall immediately attach to the documents of the petition an amended certificate properly dated, showing the result of the examination and shall immediately forward the documents with the amended certificate to the secretary of state. A copy of the amended certificate must be filed in the county clerk’s office.

      5.  For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.200 or 306.035 for any county, district or municipal office within one county, the county clerk shall not forward to the secretary of state the documents containing the signatures of the registered voters.


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

ê1997 Statutes of Nevada, Page 752 (Chapter 216, AB 117)ê

 

      6.  Except for a petition to recall a county, district or municipal officer, the petition shall be deemed filed with the secretary of state as of the date on which he receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the state.

      7.  If the amended certificates received from all county clerks by the secretary of state establish that the petition is still insufficient, he shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.

      Sec. 6.  NRS 293.12793 is hereby amended to read as follows:

      293.12793  1.  If the secretary of state determines that the total number of signatures that the county clerks have certified pursuant to NRS 293.1277 or 293.1279 is less than 100 percent of the number of registered voters needed to make the petition sufficient, the person who submitted the petition may contest the verification of the votes by filing an appeal with the secretary of state. The appeal must:

      (a) Be filed [not less than] within 5 working days after receipt of notification of the determination of the secretary of state;

      (b) Include each reason for the appeal; and

      (c) Include a statement of the number of signatures, if any, that the county clerk determined were invalid.

      2.  The secretary of state shall consider the allegations and conduct an investigation if necessary.

      Sec. 7.  NRS 293.177 is hereby amended to read as follows:

      293.177  1.  Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not earlier than the first Tuesday in March of the year in which the election is to be held nor later than 5 p.m. on the first Tuesday in June.

      2.  A declaration of candidacy or an acceptance of a candidacy required to be filed by this section must be in substantially the following form:

      (a) For partisan office:

 

Declaration of Candidacy of ............. for the

Office of ........................

 

State of Nevada            [}

                                          }ss.]

County of                      [}]

 

For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I reside at [No…......, ........ Street] ......................., in the City or Town of ................, County of ................, State of Nevada; that my actual residence [therein] in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that I am registered as a member of the ................


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ê1997 Statutes of Nevada, Page 753 (Chapter 216, AB 117)ê

 

the close of filing of declarations of candidacy for this office; that I am registered as a member of the ................ Party; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto [;] , including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

                                                                                      .................................................................

                                                                                                  (Designation of name)

                                                                                      .................................................................

                                                                                        (Signature of candidate for office)

Subscribed and sworn to before

me this ..... day of .......... , 19.....

.................................................................

     Notary Public or other person

authorized to administer an oath

 

      (b) For nonpartisan office:

 

Declaration of Candidacy of ............. for the

Office of ........................

 

State of Nevada            [}

                                         }ss.]

County of                      [}]

 

For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I reside at [No. ........, ........ Street,] ......................, in the City or Town of ................, County of ................, State of Nevada; that my actual residence [therein] in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that if nominated as a nonpartisan candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; [and] that I will qualify for the office if elected thereto [;] , including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.


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ê1997 Statutes of Nevada, Page 754 (Chapter 216, AB 117)ê

 

for the office if elected thereto [;] , including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

 

                                                                                      .................................................................

                                                                                                  (Designation of name)

                                                                                      .................................................................

                                                                                         (Signature of candidate for office)

Subscribed and sworn to before

me this ..... day of .......... , 19.....

.................................................................

     Notary Public or other person

authorized to administer an oath

 

      3.  A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate’s name. The nickname must be in quotation marks and appear immediately before the candidate’s surname. A nickname must not indicate any political, economical, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.

      4.  An affidavit of candidacy must be in substantially the same form as the form set forth in paragraph (b) of subsection 2.

      5.  The address of a candidate which must be included in the declaration of candidacy or acceptance of a candidacy pursuant to subsection 2 must be the street address of the residence where he actually resides, if one has been assigned. The declaration or acceptance must not be accepted for filing if the candidate’s address is listed as a post office box unless a street address has not been assigned to his residence.

      Sec. 8.  NRS 293.181 is hereby amended to read as follows:

      293.181  1.  A candidate for the office of state senator or assemblyman must execute and file with his declaration of candidacy or acceptance of candidacy a declaration of residency which must be in substantially the following form:

 

       I, the undersigned do swear or affirm under penalty of perjury that I have been a citizen resident of this state as required by NRS 218.010 and have resided or intend to reside at the following residence or residences during the 12 months immediately preceding the date of the general election for the office for which I have filed.


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ê1997 Statutes of Nevada, Page 755 (Chapter 216, AB 117)ê

 

residences during the 12 months immediately preceding the date of the general election for the office for which I have filed.

 

..................................................................                 .......................................................

Street Address                                                         Street Address

..................................................................                 .......................................................

City or Town                                                            City or Town

..................................................................                 .......................................................

State                                                                          State

From ........................     To .....................                 From .................     To .................

Dates of Residency                                                 Dates of Residency

..................................................................                 .......................................................

Street Address                                                         Street Address

..................................................................                 .......................................................

City or Town                                                            City or Town

..................................................................                 .......................................................

State                                                                          State

From ........................     To .....................                 From .................     To .................

Dates of Residency................................ Dates of Residency

            (Attach additional sheet or sheets of residences as necessary)

 

      2.  Each address of a candidate which must be included in the declaration of residency pursuant to subsection 1 must be the street address of the residence where he actually resided or resides, if one has been assigned. The declaration of residency must not be accepted for filing if any of the candidate’s addresses are listed as a post office box, unless a street address has not been assigned to the residence.

      Sec. 8.5.  NRS 293.193 is hereby amended to read as follows:

      293.193  1.  Fees as listed in this section for filing declarations of candidacy or acceptances of candidacy must be paid to the filing officer by cash, cashier’s check or certified check.

 

United States Senator................................................................................         $500

Representative in Congress.....................................................................           300

Governor......................................................................................................           300

Justice of the supreme court....................................................................           300

Any state office, other than governor or justice of the supreme court              .......................................................................................................... 200

District judge..............................................................................................           150

Justice of the peace...................................................................................           100

Any county office......................................................................................           100

State senator...............................................................................................           100

Assemblyman.............................................................................................           100

Any district office other than district judge..........................................             30

Constable or other town or township office..........................................             30

 

For the purposes of this subsection, trustee of a county school district, hospital or hospital district is not a county office.


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ê1997 Statutes of Nevada, Page 756 (Chapter 216, AB 117)ê

 

      2.  No filing fee may be required from a candidate for an office the holder of which receives no compensation.

      3.  The county clerk shall pay to the county treasurer all filing fees received by him from candidates. The county treasurer shall deposit [one-half of] the money to the credit of the general fund of the county . [and transfer the remainder to the state treasurer for deposit in the state general fund.]

      Sec. 9.  NRS 293.194 is hereby amended to read as follows:

      293.194  The filing fee of an independent candidate who files a petition pursuant to NRS 293.200 or 298.109, [or] of a candidate of a minor political party [,] or of a candidate of a new major political party, must be returned to the candidate by the officer to whom the fee was paid within 10 days after the date on which a final determination is made that the petition of the candidate , [or] minor political party or new major political party failed to contain the required number of signatures.

      Sec. 10.  NRS 293.203 is hereby amended to read as follows:

      293.203  Immediately upon receipt by the county clerk of the certified list of candidates from the secretary of state, the county clerk shall publish a notice of primary election or general election in a newspaper of general circulation in the county once a week for 2 successive weeks. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice must contain:

      1.  The date of the election.

      2.  The location of the polling places.

      3.  The hours during which the polling places will be open for voting.

      4.  The names of the candidates.

      5.  A list of the offices to which the candidates seek nomination [.] or election.

The notice required for a general election pursuant to this section may be published in conjunction with the notice required for a proposed constitution, constitutional amendment or statewide measure pursuant to NRS 293.253. If the notices are combined in this manner, they must be published three times in accordance with subsection 3 of NRS 293.253.

      Sec. 11.  NRS 293.208 is hereby amended to read as follows:

      293.208  1.  Except as otherwise provided in subsections 2 , [and] 3 and 5 and in NRS 293.206, no election precinct may be created, divided, abolished or consolidated, or the boundaries thereof changed, during the period between the third Wednesday in May of any year whose last digit is 6 and the time when the legislature has been redistricted in a year whose last digit is 1, unless the creation, division, abolishment or consolidation of the precinct, or the change in boundaries thereof, is:

      (a) Ordered by a court of competent jurisdiction;

      (b) Required to meet objections to a precinct by the Attorney General of the United States pursuant to the Voting Rights Act of 1965 (42 U.S.C. §§ 1971 and 1973 et seq.) and any amendments thereto;

      (c) Required to comply with subsection 2 of NRS 293.205;

      (d) Required by the incorporation of a new city; or


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ê1997 Statutes of Nevada, Page 757 (Chapter 216, AB 117)ê

 

      (e) Required by the creation of or change in the boundaries of a special district.

As used in this subsection, “special district” means any general improvement district or any other quasi-municipal corporation organized under the local improvement and service district laws of this state as enumerated in Title 25 of NRS which is required by law to hold elections or any fire protection district which is required by law to hold elections.

      2.  If a city annexes an unincorporated area located in the same county as the city and adjacent to the corporate boundary, the annexed area may be included in an election precinct immediately adjacent to it.

      3.  A new election precinct may be established at any time if it lies entirely within the boundaries of any existing precinct.

      4.  If a change in the boundaries of an election precinct is made pursuant to this section during the time specified in subsection 1, the county clerk must:

      (a) Within 15 days after the change to the boundary of a precinct is established by the county clerk or ordered by a court, send to the director of the legislative counsel bureau and the secretary of state a copy of a map showing the new boundaries of the precinct together with a word description of the new boundaries; and

      (b) Maintain in his office, an index providing the name of the precinct and describing all changes which were made, including any change in the name of the precinct and the name of any new precinct created within the boundaries of an existing precinct.

      5.  Cities of the second and third class are exempt from the provisions of subsection 1.

      Sec. 12.  NRS 293.209 is hereby amended to read as follows:

      293.209  A political subdivision of this state shall not create, divide, change the boundaries of, abolish or consolidate an election district after the first day of filing by candidates during any year in which a general election or city general election is held for that election district. This section does not prohibit a political subdivision from annexing territory in a year in which a general election or city general election is held for that election district.

      Sec. 13.  NRS 293.260 is hereby amended to read as follows:

      293.260  1.  Where there is no contest for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot.

      2.  If more than one major political party has candidates for a particular office, the persons who receive the highest number of votes at the primary elections must be declared the nominees of those parties for the office.

      3.  If only one major political party has candidates for a particular office and a minor political party has nominated a candidate for the office [,] or an independent candidate has filed for the office, the candidate who receives the highest number of votes in the primary election of the major political party must be declared the nominee of that party and his name must be placed on the general election ballot with the name of the nominee of the minor political party for the office [.]


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ê1997 Statutes of Nevada, Page 758 (Chapter 216, AB 117)ê

 

minor political party for the office [.] and the name of the independent candidate who has filed for the office.

      4.  If only one major political party has candidates for a particular office, and no minor political party has nominated a candidate for the office [:] or no independent candidate has filed for the office:

      (a) If there are more candidates than twice the number to be elected to the office, the candidates of that party who receive the highest number of votes at the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office.

      (b) If there are no more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.

      5.  Where no more than the number of candidates to be elected have filed for nomination for any office, the names of those candidates must be omitted from all ballots for a primary election or primary city election and placed on all ballots for a general election or general city election.

      6.  If there are more candidates than twice the number to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election or primary city election. Those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.

      Sec. 14.  (Deleted by amendment.)

      Sec. 15.  NRS 293.293 is hereby amended to read as follows:

      293.293  Where paper ballots are used for voting:

      1.  Except as otherwise provided in subsection 2, the voter shall mark his ballot in no other manner than by [stamping a cross (X)] making a mark in the square following the name of each candidate for whom he intends to vote for each office, or upon one of the lines provided pursuant to NRS 293.269, except that in a general election, at which the names of candidates for President and Vice President of the United States are on the ballot, followed by the designation of their party, one vote for the party designated constitutes a vote for that party’s candidates for President and Vice President.

      2.  If a proposed constitutional amendment or other question is submitted to the registered voters, the [cross] voter’s mark must be placed in the square following the answer which the voter chooses to give.

      3.  Before leaving the booth, the voter shall fold his ballot in such a manner that the number of the ballot appears on the outside, without exposing how he voted, and shall keep it so folded until he has delivered it to the officer from whom he received it, who shall announce the number of the ballot in an audible voice.

      4.  The election board officer who is in charge of the pollbook shall repeat the number, and mark in the column opposite the number the word “Voted,” or a character indicating the word “Voted.”

      5.  The election board officer who receives the voted ballot shall separate from the ballot the strip bearing the number and shall deposit the ballot in the ballot box in the presence of the voter.


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ê1997 Statutes of Nevada, Page 759 (Chapter 216, AB 117)ê

 

      6.  No ballot may be deposited in the ballot box until the slip containing the number of the ballot has been removed from it by the election board officer. The strip bearing the number must be retained by the election board officer.

      Sec. 16.  NRS 293.303 is hereby amended to read as follows:

      293.303  1.  A person applying to vote may be challenged:

      (a) Orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed or has voted before at the same election; or

      (b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.

      2.  If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:

      (a) If the challenge is on the ground that he does not belong to the political party designated upon the register, “I swear or affirm under penalty of perjury that I belong to the political party designated upon the register”;

      (b) If the challenge is on the ground that the register does not show that he designated the political party to which he claims to belong, “I swear or affirm under penalty of perjury that I designated on the application to register to vote the political party to which I claim to belong”;

      (c) If the challenge is on the ground that he does not reside at the residence [whose] for which the address is listed in the election board register, “I swear or affirm under penalty of perjury that I reside at the residence [whose] for which the address is listed in the election board register”;

      (d) If the challenge is on the ground that he previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”; or

      (e) If the challenge is on the ground that he is not the person he claims to be, “I swear or affirm under penalty of perjury that I am the person whose name is in this election board register.”

The oath or affirmation must be set forth on a form prepared by the secretary of state and signed by the challenged person under penalty of perjury.

      3.  Except as otherwise provided in subsection 4, if the challenged person refuses to execute the oath or affirmation so tendered, he must not be issued a ballot, and the officer in charge of the election board register shall write the words “Challenged ................” opposite his name in the election board register.

      4.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) or (b) of subsection 2, the election board officers shall issue him a nonpartisan ballot.

      5.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (c) of subsection 2, the election board officers shall inform him that he is entitled to vote only in the manner prescribed in NRS 293.304.


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ê1997 Statutes of Nevada, Page 760 (Chapter 216, AB 117)ê

 

      6.  If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (e) of subsection 2, the election board officers shall issue him a partisan ballot.

      7.  If the challenge is based on the ground set forth in paragraph (c) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he furnishes satisfactory identification which contains proof of the address at which he actually resides.

      8.  If the challenge is based on the ground set forth in paragraph (e) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless he:

      (a) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; or

      (b) Brings before the election board officers a person who is at least 18 years old who:

             (1) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; and

             (2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he swears he is.

      9.  The election board officers shall record the result of the challenge on the challenge list, and the election board officer in charge of the checklist shall indicate next to the name of the challenged person the result of the challenge.

      Sec. 16.5.  NRS 293.323 is hereby amended to read as follows:

      293.323  1.  If the request for an absent ballot is made by mail or telegram, the county or city clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base, or by air mail if the absent voter is in a foreign country but not on a military base, postage prepaid:

      (a) Except as provided in paragraph (b) [, an] :

            (1) An absent ballot [, a] ;

             (2) A return envelope [, a stamp] ;

             (3) Supplies for marking the ballot [, a stamp pad and instructions.] ;

             (4) An envelope or similar device into which the ballot is inserted to ensure its secrecy; and

             (5) Instructions.

      (b) In those counties or cities using a mechanical voting system whereby a vote is cast by punching a card [, a] :

             (1) A card attached to a sheet of foam plastic or similar backing material [, a] ;

             (2) A return envelope [, a] ;

             (3) A punching instrument [, a] ;

             (4) A sample ballot [and instructions.] ;

             (5) An envelope or similar device into which the card is inserted to ensure its secrecy; and

             (6) Instructions.


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ê1997 Statutes of Nevada, Page 761 (Chapter 216, AB 117)ê

 

      2.  The return envelope must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.

      3.  Nothing may be enclosed or sent with an absent ballot except as required by subsection 1.

      4.  Before depositing the ballot in the mails, the county or city clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, his precinct or district, his political affiliation, if any, the number of the ballot and any remarks he finds appropriate.

      Sec. 17.  NRS 293.330 is hereby amended to read as follows:

      293.330  1.  When an absent voter receives his ballot, he must [stamp] mark and fold it, if it is a paper ballot, or punch it, if the ballot is voted by punching a card, in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.

      2.  If the absent voter who has received a ballot by mail applies to vote the ballot in person at:

      (a) The county or city clerk’s office, he must [stamp] mark or punch the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.

      (b) A polling place, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it [“Spoiled.”] “Canceled.”

      3.  Except as otherwise provided in NRS 293.316, it is unlawful for any person other than the voter who requested an absent ballot to return it. A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 17.5.  NRS 293.350 is hereby amended to read as follows:

      293.350  1.  The county or city clerk shall:

      (a) Make certain of the names and addresses of all voters registered to vote in mailing precincts and absent ballot mailing precincts;

      (b) Enroll the name and address of each voter found eligible to vote in those precincts in the mailing precinct record book;

      (c) Mark the number of the ballot on the return envelope; and

      (d) Mail the ballot to the registered voter.

      2.  Except as provided in subsection 3, the ballot must be accompanied by:

      (a) [A stamp and stamp pad;] Supplies for marking the ballot;

      (b) A return envelope;

      (c) An envelope or similar device into which the ballot is inserted to ensure its secrecy;

      (d) A sample ballot; and

      [(d)](e) Instructions regarding the manner of [stamping] marking and returning the ballot.

      3.  In those counties or cities using a mechanical voting system whereby a vote is cast by punching a card, the ballot must be accompanied by:

      (a) A sheet of foam plastic or similar backing material attached to the card;


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ê1997 Statutes of Nevada, Page 762 (Chapter 216, AB 117)ê

 

      (b) A punching instrument;

      (c) A return envelope;

      (d) An envelope or similar device into which the card is inserted to ensure its secrecy;

      (e) A sample ballot; and

      [(e)](f) Instructions regarding the manner of punching and returning the card.

      Sec. 18.  NRS 293.481 is hereby amended to read as follows:

      293.481  1.  Except as otherwise provided in subsection 2, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when the governing body decides to submit a question:

      (a) At a general election, shall provide a copy of the question, including an explanation of and arguments for and against the question, to each county clerk within the designated territory on or before the third Monday in July preceding the election.

      (b) At a primary election, shall provide a copy of the question, including an explanation of and arguments for and against the question, to each county clerk within the designated territory on or before the [first Friday in February preceding the election.] date on which a certificate of candidacy for a candidate of a major political party must be filed pursuant to NRS 293.180.

      (c) At any election other than a primary or general election at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide a copy of the question, including an explanation of and arguments for and against the question, to each county clerk at least 60 days before the election.

      (d) At any city election at which the city clerk gives notice of the election or otherwise performs duties in connection therewith, shall provide a copy of the question, including an explanation of and arguments for and against the question, to the city clerk at least 35 days before the election.

      2.  The requirements of subsection 1 do not apply to any question expressly privileged or required pursuant to the provisions of article 19 of the constitution of the State of Nevada or pursuant to the provisions of chapter 295 of NRS or any other statute to be submitted if proposed after the dates specified.

      3.  A county or city clerk may charge any political subdivision, public or quasi-public corporation or other local agency which submits a question a reasonable fee sufficient to pay for the increased costs incurred in including the question, explanation and arguments on the ballot.

      Sec. 19.  NRS 293.505 is hereby amended to read as follows:

      293.505  1.  All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.

      2.  The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which he is appointed.


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ê1997 Statutes of Nevada, Page 763 (Chapter 216, AB 117)ê

 

293.5055, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.

      3.  A field registrar shall demand of any person who applies for registration all information required by the application to register to vote and shall administer all oaths required by this chapter.

      4.  When a field registrar has in his possession five or more completed applications to register to vote he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.

      5.  Immediately after the close of registration, each field registrar shall forward to the county clerk all completed applications in his possession. Within 5 days after the close of registration for a general election or general city election, a field registrar shall return all unused applications in his possession to the county clerk. If all of the unused applications are not returned to the county clerk, the field registrar shall account for the unreturned applications.

      6.  Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to register to vote and the names of the electors on those applications. The serial numbers must be listed in numerical order.

      7.  Each field registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.

      8.  A field registrar , employee of a voter registration agency or person assisting a voter pursuant to subsection 10 of NRS 293.5235 shall not:

      (a) Delegate any of his duties to another person; or

      (b) Refuse to register a person on account of that person’s political party affiliation.

      9.  A person shall not hold himself out to be or attempt to exercise the duties of a field registrar unless he has been so appointed.

      10.  A county clerk , [or] field registrar , employee of a voter registration agency or person assisting a voter pursuant to subsection 10 of NRS 293.5235 shall not:

      (a) Solicit a vote for or against a particular question or candidate;

      (b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or

      (c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election, while he is registering an elector.

      11.  When the county clerk receives applications to register to vote from a field registrar he shall issue a receipt to the field registrar. The receipt must include:

      (a) The number of persons registered; and

      (b) The political party of the persons registered.

      12.  A county clerk , [or] field registrar , employee of a voter registration agency or person assisting a voter pursuant to subsection 10 of NRS 293.5235 shall not:


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ê1997 Statutes of Nevada, Page 764 (Chapter 216, AB 117)ê

 

      (a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading application to register to vote;

      (b) Alter or deface an application to register to vote that has been signed by an elector except to correct information contained in the application after receiving notice from the elector that a change in or addition to the information is required; or

      (c) Register a person who fails to provide satisfactory proof of identification and the address at which he actually resides.

      13.  If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.

      14.  A person who violates any of the provisions of [subsections 8 to 12 inclusive,] subsection 8, 9, 10 or 12 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 20.  (Deleted by amendment.)

      Sec. 21.  NRS 293.517 is hereby amended to read as follows:

      293.517  1.  Any elector residing within the county may register:

      (a) By appearing before the county clerk, field registrar or a voter registration agency, completing the application to register to vote and giving true and satisfactory answers to all questions relevant to his identity and right to vote;

      (b) By completing and mailing or personally delivering to the county clerk, an application to register to vote pursuant to the provisions of NRS 293.5235;

      (c) Pursuant to the provisions of NRS 293.501 or 293.524; or

      (d) At his residence with the assistance of a field registrar pursuant to NRS 293.5237.

The county clerk shall require a person to submit official identification as proof of residence and identity, such as a driver’s license or other official document, before registering him.

      2.  The application to register to vote must be signed [and verified] under penalty of perjury by the elector registering.

      3.  Each elector who is or has been married must be registered under his own given or first name, and not under the given or first name or initials of his spouse.

      4.  An elector who is registered and changes his name shall complete a new application to register to vote. He may obtain a new application:

      (a) At the office of the county clerk or field registrar;

      (b) By submitting an application to register to vote pursuant to the provisions of NRS 293.5235;

      (c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to register to vote; or

      (d) At any voter registration agency.

If the elector fails to register under his new name, he may be challenged pursuant to the provisions of NRS 293.303 and may be required to furnish proof of identity and subsequent change of name.

      5.  An elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of his application to register to vote.


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ê1997 Statutes of Nevada, Page 765 (Chapter 216, AB 117)ê

 

      6.  After the county clerk determines that the application to register to vote of a person is complete and that the person is eligible to vote, he shall issue a voter registration card to the voter which contains:

      (a) The name, address, political affiliation and precinct number of the voter;

      (b) The date of issuance; and

      (c) The signature of the county clerk.

      Sec. 22.  NRS 293.565 is hereby amended to read as follows:

      293.565  1.  Except as otherwise provided in subsection 2, sample ballots must include:

      (a) The fiscal note, as provided pursuant to NRS 218.276, for each proposed constitutional amendment or statewide measure;

      (b) An explanation, as provided pursuant to NRS 218.443, of each proposed constitutional amendment or statewide measure, including arguments for and against it; and

      (c) The full text of each proposed constitutional amendment.

      2.  Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:

      (a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;

      (b) The county or city clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and

      (c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.

      3.  At least 10 days before any election, the county or city clerk shall cause to be mailed to each registered voter in the county or city a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:

      (a) The county or city clerk shall mail a notice of the change to each registered voter in the county or city not sooner than 10 days before mailing the sample ballots; or

      (b) The sample ballot must also include a notice in at least 10-point bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

      [2.]4.  The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.

      Sec. 22.5.  NRS 293B.205 is hereby amended to read as follows:

      293B.205  [1.]  The officers charged with the duty of providing ballots for any polling place shall provide the polling place with two sample ballots, which must be arranged in the form of:

      [(a)]1.  A booklet or full sheet of paper printed to display a facsimile of the page or several pages which constitute the list of offices and candidates and the statements of measures to be voted on which will be in use at that election; or

 


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ê1997 Statutes of Nevada, Page 766 (Chapter 216, AB 117)ê

 

candidates and the statements of measures to be voted on which will be in use at that election; or

      [(b)]2.  A diagram showing that part of the face of the mechanical recording device which will be used at that election containing the list of offices and candidates and the statements of measures to be voted on.

      [2.  All sample ballots must include:

      (a) The fiscal note, as provided pursuant to NRS 218.276, for each proposed constitutional amendment or statewide measure.

      (b) An explanation, as provided pursuant to NRS 218.443, of each proposed constitutional amendment or statewide measure, including arguments for and against it.

      (c) The full text of each proposed constitutional amendment.]

      Sec. 23.  NRS 294A.350 is hereby amended to read as follows:

      294A.350  1.  Every candidate for state, district, county, municipal or township office shall file the reports of campaign contributions and expenses required by NRS 294A.120, 294A.200 and 294A.360, even though he:

      [1.](a) Withdraws his candidacy;

      [2.](b) Receives no campaign contributions; or

      [3.](c) Has no campaign expenses.

      2.  A candidate who withdraws his candidacy pursuant to NRS 293.202 may file simultaneously all the reports of campaign contributions and expenses required by NRS 294A.120, 294A.200 and 294A.360, so long as each report is filed on or before the last day for filing the respective report pursuant to NRS 294A.120, 294A.200 or 294A.360.

      Sec. 24.  NRS 306.015 is hereby amended to read as follows:

      306.015  1.  Before a petition to recall a public officer is circulated, the persons proposing to circulate the petition [shall] must file a notice of intent with the filing officer with whom the public officer to be recalled filed his declaration of candidacy, acceptance of candidacy or affidavit of candidacy pursuant to NRS 293.185, 293.620 or 293.640.

      2.  The notice of intent:

      (a) Must be signed by three registered voters who actually voted in the state or in the county, district or municipality electing the officer at the last preceding general election.

      (b) Must be signed before a person authorized by law to administer oaths that the statements and signatures contained in the notice are true.

      (c) Is valid until the [verification of signatures is completed pursuant to NRS 293.1276 to 293.1279, inclusive.] date on which the call for a special election is issued, as set forth in NRS 306.040.

      3.  The persons filing the notice of intent shall submit the petition to the county clerk pursuant to NRS 306.035 within 60 days after the date on which the notice of intent was filed. Any person who fails to file the petition as required by this subsection is guilty of a misdemeanor. Copies of the petition are not valid for any subsequent petition.

      4.  The county clerk shall, upon completing the verification of the signatures on the petition, file the petition with the filing officer with whom the public officer to be recalled filed his declaration of candidacy, acceptance of candidacy or affidavit of candidacy.


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ê1997 Statutes of Nevada, Page 767 (Chapter 216, AB 117)ê

 

      5.  Any person who signs a petition to recall any public officer may remove his name from the petition by submitting a request in writing to the county clerk at any time before the petition is submitted for the verification of the signatures thereon pursuant to NRS 306.035.

      6.  A person who signs a notice of intent pursuant to subsection 1 or a petition to recall a public officer is immune from civil liability for conduct related to the exercise of his right to participate in the recall of a public officer.

      Sec. 25.  NRS 306.040 is hereby amended to read as follows:

      306.040  1.  Upon determining that the number of signatures on a petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279, inclusive, the secretary of state shall notify the county clerk, the officer with whom the petition is to be filed pursuant to subsection 4 of NRS 306.015 and the public officer who is the subject of the petition.

      2.  Any person who signs a petition to recall may request the secretary of state to strike his name from the petition after the verification of signatures is complete [.] and before the date the call for a special election is issued. If the person demonstrates good cause therefor, the secretary of state shall strike his name from the petition.

      3.  Not sooner than 10 days nor more than 20 days after the secretary of state completes the notification required by subsection 1, the officer with whom the petition is filed shall issue a call for a special election in the jurisdiction in which the public officer was elected to determine whether the people will recall him. The call must include, without limitation:

      (a) The last day on which a person may register to vote to qualify to vote in the special election; and

      (b) The last day on which a petition to nominate other candidates for the office may be filed.

      4.  The legal sufficiency of the petition may be challenged by filing a complaint in district court not later than 5 days, Saturdays and Sundays excluded, after the secretary of state completes the notification required by subsection 1. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

      5.  Upon the conclusion of the hearing, if the court determines that the petition is sufficient, it shall order the officer with whom the petition is filed to issue a call for a special election to determine whether the people will recall the public officer who is the subject of the petition. If the court determines that the petition is not sufficient, it shall order the officer with whom the petition is filed to cease any further proceedings regarding the petition.

      Sec. 26.  NRS 306.060 is hereby amended to read as follows:

      306.060  1.  If the officer against whom the petition is filed furnishes no justification of his course in office, none need appear on the ballot at the election upon his recall.

      2.  Where a mechanical voting system is used, the reason for demanding the recall of the officer and the officer’s justification need not be printed on the ballot, but must be printed on sample ballots, which must be [mailed to all registered voters or] presented to registered voters upon their application to vote.


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ê1997 Statutes of Nevada, Page 768 (Chapter 216, AB 117)ê

 

the ballot, but must be printed on sample ballots, which must be [mailed to all registered voters or] presented to registered voters upon their application to vote.

      Sec. 27.  NRS 539.123 is hereby amended to read as follows:

      539.123  1.  Any person [21] 18 years of age or over, whether a resident of the district or not, who is or has declared his intention to become a citizen of the United States is an “elector” for the purposes of this chapter and is entitled to vote at any election held pursuant to this chapter if the following conditions as to ownership of land are met:

      (a) The elector must be the bona fide holder of title or evidence of title, as defined in NRS 539.020 and 539.023, to land within the district or have a contractual right to acquire title to land within the district upon payment of a fixed sum to the record titleholder.

      (b) The holder of an undivided interest in land is an elector and, if his interest is community property, his spouse is an elector whether or not the spouse appears of record as the owner of an interest in the acreage. If two or more persons hold undivided or community interests, one such person may vote upon presenting the written consent of his fellow holders.

      (c) A surface water right must be appurtenant to the acreage.

      2.  An elector is entitled to vote according to the land which he owns outright, as follows:

      (a) Ten acres or less, one vote;

      (b) For each additional 10 acres or a part thereof, up to and including 200 acres, one additional vote; and

      (c) For each additional 100 acres or a part thereof above 200 acres, one additional vote.

The district shall issue a separate ballot for each vote which an elector is entitled to cast.

      3.  If two or more persons hold undivided or community interests in land, each is entitled to cast a percentage of the respective votes otherwise allowed pursuant to subsection 2 that is equal to his percentage interest in that land, except that, if pursuant to this subsection those persons are entitled to a fractional interest in a vote, that vote may only be cast by one of those persons upon presenting the written consent of his fellow holders.

      4.  Any elector who resides outside the district, who owns land in the district, and who is qualified to vote at district elections shall be deemed a resident of that division and precinct of the district in which the major portion of his lands are located, for the purpose of determining his place of voting and qualifications for holding office.

      5.  Any elector who resides within the district boundaries shall be deemed a resident of the division in which he actually resides, for the purpose of determining his qualification for voting and holding office.

      6.  A guardian, executor, administrator or trustee shall be deemed the holder of title or evidence of title, as prescribed in NRS 539.020 and 539.023, to the land in the state for which he is the guardian, executor, administrator or trustee, and has the right to sign petitions, vote and do all things that any elector may do pursuant to this chapter. If there is more than one guardian, executor, administrator or trustee, they must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.


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ê1997 Statutes of Nevada, Page 769 (Chapter 216, AB 117)ê

 

one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.

      7.  Corporations or partnerships holding land in the district shall be deemed persons entitled to exercise all the rights of natural persons, and the president of such a corporation, the general partner of such a partnership, or any other person authorized in writing by the president or vice president of the corporation or the general partner of the partnership, may sign any petition authorized by this chapter, and register and cast the vote of the corporation or partnership at any election. If a partnership has more than one general partner, the general partners must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.

      8.  Designations or written consents for the purposes of registration and voting as authorized pursuant to this section must be filed with the district not later than 14 days before the election.

      Sec. 28.  Section 1 of Assembly Bill No. 4 of this session is hereby amended to read as follows:

       Section 1.  NRS 293.565 is hereby amended to read as follows:

       293.565  1.  Except as otherwise provided in subsection 2, sample ballots must include:

       (a) The fiscal note, as provided pursuant to NRS 218.276, for each proposed constitutional amendment or statewide measure;

       (b) An explanation, as provided pursuant to NRS 218.443, of each proposed constitutional amendment or statewide measure, including arguments for and against it; and

       (c) The full text of each proposed constitutional amendment.

       2.  Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:

       (a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;

       (b) The county or city clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and

       (c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.

       3.  At least 10 days before any election, the county or city clerk shall cause to be mailed to each registered voter in the county or city a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:

       (a) The county or city clerk shall mail a notice of the change to each registered voter in the county or city not sooner than 10 days before mailing the sample ballots; or

       (b) The sample ballot must also include a notice in at least 10-point bold type immediately above the location which states:

 


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ê1997 Statutes of Nevada, Page 770 (Chapter 216, AB 117)ê

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

       4.  The county or city clerk shall include in each sample ballot for a primary election or primary city election, a separate page on which is printed a list of the offices and candidates for those offices for which there is no opposition.

       5.  The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.

      Sec. 29.  Section 1 of Senate Bill No. 10 of this session is hereby amended to read as follows:

       Section 1.  NRS 293.260 is hereby amended to read as follows:

       293.260  1.  Where there is no contest for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot.

       2.  If more than one major political party has candidates for a particular office, the persons who receive the highest number of votes at the primary elections must be declared the nominees of those parties for the office.

       3.  If only one major political party has candidates for a particular office and a minor political party has nominated a candidate for the office or an independent candidate has filed for the office, the candidate who receives the highest number of votes in the primary election of the major political party must be declared the nominee of that party and his name must be placed on the general election ballot with the name of the nominee of the minor political party for the office and the name of the independent candidate who has filed for the office.

       4.  If only one major political party has candidates for a particular office [,] and no minor political party has nominated a candidate for the office or no independent candidate has filed for the office:

       (a) If there are more candidates than twice the number to be elected to the office, the names of the candidates must appear on the ballot for a primary election. Except as otherwise provided in this paragraph, the candidates of that party who receive the highest number of votes [at] in the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office. If only one candidate is to be elected to the office and a candidate receives a majority of the votes in the primary election for that office, that candidate must be declared the nominee for that office and his name must be placed on the ballot for the general election.

       (b) If there are no more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.

       5.  Where no more than the number of candidates to be elected have filed for nomination for any office, the names of those candidates must be omitted from all ballots for a primary election or primary city election and placed on all ballots for a general election or general city election.


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ê1997 Statutes of Nevada, Page 771 (Chapter 216, AB 117)ê

 

election and placed on all ballots for a general election or general city election.

       6.  If there are more candidates than twice the number to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election or primary city election. Those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.

      Sec. 30.  Section 1 of Senate Bill No. 215 of this session is hereby amended to read as follows:

       Section 1.  NRS 293.177 is hereby amended to read as follows:

       293.177  1.  Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not earlier than the first [Tuesday in March] Monday in May of the year in which the election is to be held nor later than 5 p.m. on the [first Tuesday in June.] third Monday in May.

       2.  A declaration of candidacy or an acceptance of a candidacy required to be filed by this section must be in substantially the following form:

       (a) For partisan office:

 

Declaration of Candidacy of ........ for the

Office of .........................

 

State of Nevada       }

                                   }ss.

County of................ }

 

For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I reside at ............................, in the City or Town of ................, County of ................, State of Nevada; that my actual residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that I am registered as a member of the ................ Party; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.


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ê1997 Statutes of Nevada, Page 772 (Chapter 216, AB 117)ê

 

practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

                                                                         .................................................................

                                                                                      (Designation of name)

                                                                         .................................................................

                                                                            (Signature of candidate for office)

 

Subscribed and sworn to before

me this ..... day of .......... , 19.....

..............................................................

     Notary Public or other person

authorized to administer an oath

 

       (b) For nonpartisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada       }

                                   }ss.

County of................ }

 

For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I reside at ……………………, in the City or Town of ................, County of ................, State of Nevada; that my actual residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that if nominated as a nonpartisan candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

 

                                                                         .................................................................

                                                                                      (Designation of name)

                                                                         .................................................................

                                        (Signature of candidate for office) Subscribed and sworn to before

 

 


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ê1997 Statutes of Nevada, Page 773 (Chapter 216, AB 117)ê

 

Subscribed and sworn to before

me this ..... day of .......... , 19.....

..............................................................

     Notary Public or other person

authorized to administer an oath

 

       3.  A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate’s name. The nickname must be in quotation marks and appear immediately before the candidate’s surname. A nickname must not indicate any political, economical, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.

       4.  An affidavit of candidacy must be in substantially the same form as the form set forth in paragraph (b) of subsection 2.

       5.  The address of a candidate which must be included in the declaration of candidacy or acceptance of a candidacy pursuant to subsection 2 must be the street address of the residence where he actually resides, if one has been assigned. The declaration or acceptance must not be accepted for filing if the candidate’s address is listed as a post office box unless a street address has not been assigned to his residence.

      Sec. 31.  Section 3 of Senate Bill No. 215 of this session is hereby amended to read as follows:

       Sec. 3.  NRS 293.330 is hereby amended to read as follows:

       293.330  1.  When an absent voter receives his ballot, he must mark and fold it, if it is a paper ballot, or punch it, if the ballot is voted by punching a card, in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.

       2.  If the absent voter who has received a ballot by mail applies to vote the ballot in person at:

       (a) The county or city clerk’s office, he must mark or punch the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.

       (b) A polling place, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Canceled.”


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ê1997 Statutes of Nevada, Page 774 (Chapter 216, AB 117)ê

 

       3.  Except as otherwise provided in NRS 293.316, it is unlawful for any person other than the voter who requested an absent ballot to return it. A person who violates the provisions of this subsection is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.

      Sec. 32.  Section 5 of Senate Bill No. 215 of this session is hereby amended to read as follows:

       Sec. 5.  NRS 293.505 is hereby amended to read as follows:

       293.505  1.  All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.

       2.  The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.

       3.  A field registrar shall demand of any person who applies for registration all information required by the application to register to vote and shall administer all oaths required by this chapter.

       4.  When a field registrar has in his possession five or more completed applications to register to vote he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.

       5.  Immediately after the close of registration, each field registrar shall forward to the county clerk all completed applications in his possession. Within 5 days after the close of registration for a general election or general city election, a field registrar shall return all unused applications in his possession to the county clerk. If all of the unused applications are not returned to the county clerk, the field registrar shall account for the unreturned applications.

       6.  Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to register to vote and the names of the electors on those applications. The serial numbers must be listed in numerical order.

       7.  Each field registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.

       8.  A field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 10 of NRS 293.5235 shall not:

       (a) Delegate any of his duties to another person; or

       (b) Refuse to register a person on account of that person’s political party affiliation.

       9.  A person shall not hold himself out to be or attempt to exercise the duties of a field registrar unless he has been so appointed.

       10.  A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 10 of NRS 293.5235 shall not:


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ê1997 Statutes of Nevada, Page 775 (Chapter 216, AB 117)ê

 

       (a) Solicit a vote for or against a particular question or candidate;

       (b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or

       (c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,

while he is registering an elector.

       11.  When the county clerk receives applications to register to vote from a field registrar he shall issue a receipt to the field registrar. The receipt must include:

       (a) The number of persons registered; and

       (b) The political party of the persons registered.

       12.  A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 10 of NRS 293.5235 shall not:

       (a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading application to register to vote;

       (b) Alter or deface an application to register to vote that has been signed by an elector except to correct information contained in the application after receiving notice from the elector that a change in or addition to the information is required; or

       (c) Register a person who fails to provide satisfactory proof of identification and the address at which he actually resides.

       13.  If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.

       14.  A person who violates any of the provisions of subsection 8, 9, 10 or 12 is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.

      Sec. 33.  NRS 293.2677 is hereby repealed.

      Sec. 34.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 35.  The amendatory provisions of this act do not apply to offenses that are committed before July 1, 1997.

      Sec. 36.  1.  This section and sections 1 to 21, inclusive, and 22.5 to 35, inclusive, of this act become effective on July 1, 1997.

      2.  Section 22 of this act becomes effective at 12:01 a.m. on July 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 776ê

 

CHAPTER 217, SB 260

Senate Bill No. 260–Senator Rawson (By Request)

CHAPTER 217

AN ACT relating to sales of residential property; requiring the Department of Business and Industry to conduct a study relating to the sale of residential property; requiring that a report of the recommendations and findings of the study be presented to the 70th session of the Nevada Legislature; and providing other matters properly relating thereto.

 

[Approved June 30, 1997]

 

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

 

      Section 1.  1.  The Department of Business and Industry shall conduct a study of:

      (a) The requirements for disclosure that are associated with the sale of residential property in this state; and

      (b) The feasibility of creating a form that will aid a purchaser of residential property in understanding the full nature of the transaction.

      2.  The department shall, in conducting the study, identify and consult with industry and trade groups that are affected by the requirements for disclosure and shall consult with the various local, state and federal governmental agencies which govern the various aspects of the sale of residential property in this state.

      3.  The purpose of the study is to assist a purchaser of residential property in understanding the full nature of the transaction and to simplify the process of disclosure by:

      (a) Recommending legislation by which all of the disclosures associated with the sale of residential property that are required by statute in this state will be codified within one chapter of the Nevada Revised Statutes;

      (b) Reducing the number of documents relating to disclosures by consolidating identical or substantively identical disclosures required by local, state and federal laws;

      (c) Ensuring that the statutes governing disclosures associated with the sale of residential property are written in terms that are easily understood by the ordinary layperson; and

      (d) Creating a form that will aid a purchaser of residential property in understanding the full nature of the transaction.

      4.  On or before February 15, 1999, the Department of Business and Industry shall prepare a report of its findings and recommendations and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the 70th session of the Nevada Legislature for its review.

      5.  The report must include:

      (a) A list of all of the requirements for disclosure in this state and where each requirement is found in the Nevada Revised Statutes.

      (b) Recommended legislation to simplify the statutes and codify them within one chapter of the Nevada Revised Statutes.


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ê1997 Statutes of Nevada, Page 777 (Chapter 217, SB 260)ê

 

      (c) An evaluation of a proposed statute that would require the seller of residential property to disclose the date that the residential property will be reassessed for taxation purposes.

      (d) A proposed form that will aid a purchaser of residential property in understanding the full nature of the transaction.

      6.  As used in this section, “residential property” means:

      (a) Real property with a home located on it.

      (b) A factory-built house or mobile home which has been converted to real property pursuant to NRS 361.244.

      Sec. 2.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 218, SB 255

Senate Bill No. 255–Senator Titus

CHAPTER 218

AN ACT relating to energy; providing for net metering for certain customers of an electric utility who have installed a renewable energy system; specifying standards applicable to such systems; and providing other matters properly relating thereto.

 

[Approved June 30, 1997]

 

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

 

      Section 1.  Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  It is hereby declared to be the purpose and policy of the legislature in enacting sections 2 to 10, inclusive, of this act to:

      1.  Encourage private investment in renewable energy resources;

      2.  Stimulate the economic growth of this state; and

      3.  Enhance the continued diversification of the energy resources used in this state.

      Sec. 3.  As used in sections 3 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Customer-generator” means a user of a net metering system.

      Sec. 5.  “Net metering” means measuring the difference between the electricity supplied by a utility and the electricity generated by a customer-generator which is fed back to the utility over the applicable billing period.

      Sec. 6.  “Net metering system” means a facility for the production of electrical energy that:

      1.  Uses wind or solar energy as its primary source of fuel;

      2.  Has a generating capacity of not more than 10 kilowatts;

      3.  Is located on the customer-generator’s premises;

      4.  Operates in parallel with the utility’s transmission and distribution facilities; and

      5.  Is intended primarily to offset part or all of the customer-generator’s requirements for electricity.

      Sec. 7.  “Utility” means a public utility that supplies electricity in this state.


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

ê1997 Statutes of Nevada, Page 778 (Chapter 218, SB 255)ê

 

      Sec. 8.  1.  A utility shall offer net metering, as set forth in section 10 of this act, to the customer-generators operating within its service area until 100 of those customer-generators have accepted the offer.

      2.  A utility:

      (a) Shall offer to make available to each of its customer-generators who has accepted its offer for net metering an energy meter that is capable of registering the flow of electricity in two directions.

      (b) May, at its own expense and with the written consent of the customer-generator, install one or more additional meters to monitor the flow of electricity in each direction.

      (c) Shall not charge a customer-generator any fee or charge that would increase the customer-generator’s minimum monthly charge to an amount greater than that of other customers of the utility in the same rate class as the customer-generator.

      Sec. 9.  1.  A net metering system used by a customer-generator must meet all applicable safety and power quality standards established by:

      (a) The National Electrical Code;

      (b) Underwriters Laboratories, Inc.; and

      (c) The Institute of Electrical and Electronic Engineers.

      2.  A customer-generator whose net metering system meets such safety and quality standards must not be required by the utility to:

      (a) Comply with additional standards or requirements;

      (b) Perform additional tests;

      (c) Install additional controls; or

      (d) Purchase additional liability insurance,

arising solely from his status as a customer-generator.

      Sec. 10.  1.  The billing period for net metering may be either a monthly period or, with the written consent of the customer-generator, an annual period.

      2.  Except as otherwise provided in subsection 3, the net energy measurement must be calculated in the following manner:

      (a) The utility shall measure the net electricity produced or consumed during the billing period, in accordance with normal metering practices.

      (b) If the electricity supplied by the utility exceeds the electricity generated by the customer-generator which is fed back to the utility during the billing period, the customer-generator must be billed for the net electricity supplied by the utility.

      (c) If the electricity generated by the customer-generator which is fed back to the utility exceeds the electricity supplied by the utility during the billing period, neither the utility nor the customer-generator is entitled to compensation for electricity provided to the other during the billing period.

      Sec. 11.  This act becomes effective on July 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 779ê

 

CHAPTER 219, SB 221

Senate Bill No. 221–Committee on Transportation

CHAPTER 219

AN ACT relating to vehicles; requiring the chief of the investigation division of the department of motor vehicles and public safety to investigate and enforce the provisions of law relating to theft and fraud in matters concerning vehicles; requiring the chief to establish programs to reduce the incidence of commercial theft and fraud related to vehicles; authorizing the chief to accept and expend gifts and grants of money to fund such activities and programs; authorizing a police officer to seize and take possession of, without a warrant, any vehicle to which certain identifying information has been falsely attached; making technical changes; and providing other matters properly relating thereto.

 

[Approved June 30, 1997]

 

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

 

      Section 1.  Chapter 481 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  As used in NRS 481.230 to 481.260, inclusive, and sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Investigation division” means the investigation division of the department.

      Sec. 4.  “Off-road vehicle” means a vehicle which is intended for recreational or industrial use and which is not intended or designed for use on a public highway.

      Sec. 5.  “Special mobile equipment” has the meaning ascribed to it in NRS 482.123.

      Sec. 6.  “Vehicle” has the meaning ascribed to it in NRS 482.135.

      Sec. 7.  1.  The chief of the investigation division shall:

      (a) Investigate and enforce the provisions of law relating to theft and fraud in matters concerning vehicles, including special mobile equipment and off-road vehicles.

      (b) Procure from law enforcement agencies and other reliable sources information relating to violators of laws that govern theft and fraud relating to vehicles, including special mobile equipment and off-road vehicles. The information may concern the character of the violators, their probable motives, the circumstances of their arrests and their methods of operation, and may include any other pertinent information.

      (c) Establish and conduct proactive law enforcement programs intended to reduce the incidence of commercial theft and fraud related to vehicles.

      2.  To carry out the provisions of this section, the chief of the investigation division may:

      (a) Accept gifts and grants of money from any person or governmental agency; and


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ê1997 Statutes of Nevada, Page 780 (Chapter 219, SB 221)ê

 

      (b) Employ or contract with persons to provide professional or technical assistance to the division, payable from the money accepted pursuant to this section.

      3.  Money accepted by the chief pursuant to this section must be accounted for separately in the motor vehicle fund and is hereby authorized for expenditure to:

      (a) Pay the cost of carrying out the duties of the chief set forth in this section.

      (b) Conduct educational programs to provide information to owners of vehicles, including special mobile equipment and off-road vehicles, concerning the prevention and reduction of commercial theft and fraud related to vehicles.

      (c) Provide such equipment as the chief determines is necessary to test methods of preventing or reducing commercial theft and fraud related to vehicles.

      4.  As used in this section, “commercial theft” means the theft of vehicles, including special mobile equipment and off-road vehicles, for financial gain.

      Sec. 8.  NRS 481.250 is hereby amended to read as follows:

      481.250  Each sheriff and chief of police shall furnish to the investigation division, on forms approved by the division, all information obtained in an investigation or a prosecution of any person who has been alleged to have violated any criminal law of this state if in the investigation of the violation it appears that there is some connection with [controlled] :

      1.  Controlled substances or dangerous drugs [.] ; or

      2.  The theft of vehicles, including special mobile equipment or off-road vehicles.

      Sec. 9.  NRS 481.260 is hereby amended to read as follows:

      481.260  1.  The director may expend money appropriated for that purpose, as he determines necessary, to assist local law enforcement agencies or the investigation division in the purchase of evidence and in employing persons other than peace officers to obtain evidence.

      2.  Upon receiving a written request from the director for money appropriated pursuant to this section, the state controller shall draw his warrant, payable to the director, in an amount which does not exceed any limit set by the legislature in the appropriation.

      3.  The director may keep money which he has drawn pursuant to this section in bank accounts or in cash.

      Sec. 10.  NRS 482.540 is hereby amended to read as follows:

      482.540  1.  Any police officer, without a warrant, may seize and take possession of any vehicle:

      (a) Which is being operated with improper registration;

      (b) Which the officer has probable cause to believe has been stolen;

      (c) On which any motor number, manufacturer’s number or identification mark has been falsely attached, defaced, altered or obliterated; or

      (d) Which contains a part on which was placed or stamped by the manufacturer pursuant to federal law or regulation an identification number or other distinguishing number or mark that has been falsely attached, defaced, altered or obliterated.


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ê1997 Statutes of Nevada, Page 781 (Chapter 219, SB 221)ê

 

      2.  As used in this section, “police officer” means:

      (a) Any [officer of the Nevada highway patrol;

      (b) Any investigator of the bureau of enforcement of the registration division of the department;

      (c)] peace officer of the department;

      (b) Sheriffs of counties and of metropolitan police departments and their deputies; and

      [(d)] (c) Marshals and policemen of cities and towns.

________

 

CHAPTER 220, SB 115

Senate Bill No. 115–Committee on Human Resources and Facilities

CHAPTER 220

AN ACT relating to the bureau of alcohol and drug abuse; revising the provisions regarding the priorities for allocation of the money received by the bureau from the tax on certain liquor; and providing other matters properly relating thereto.

 

[Approved June 30, 1997]

 

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

 

      Section 1.  NRS 458.097 is hereby amended to read as follows:

      458.097  [All money] Money received by the bureau pursuant to NRS 369.174 must be used to increase services for the prevention of alcohol abuse and alcoholism and for the detoxification and rehabilitation of abusers. In allocating the money for the increase of services, the bureau shall give priority to:

      1.  The areas where there exists a shortage of personnel to conduct treatment for alcoholism and alcohol abuse. The bureau [must] shall determine the areas of shortage on the basis of data available from state and local agencies, data contained in the comprehensive state plan for alcohol and drug abuse programs, and other appropriate data.

      2.  The needs of counties to provide civil protective custody, pursuant to NRS 458.270, for persons who are found in public places while under the influence of alcohol.

      3.  Alcohol and drug abuse programs that are primarily directed toward the prevention of such abuse.

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

________

 


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ê1997 Statutes of Nevada, Page 782ê

 

CHAPTER 221, SB 351

Senate Bill No. 351–Committee on Commerce and Labor

CHAPTER 221

AN ACT relating to insurance; providing for the sale of insurance by or on the premises of a bank; and providing other matters properly relating thereto.

 

[Approved June 30, 1997]

 

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

 

      Section 1.  NRS 683A.110 is hereby amended to read as follows:

      683A.110  1.  For the purposes of this section:

      (a) “Affiliate” means a person that directly, or indirectly through one or more intermediaries, is controlled by, or is under common control with, a bank.

      (b) “Bank” means any institution that accepts deposits that the depositor has a legal right to withdraw on demand.

      [(b) “Bank holding company,” “company,” “parent,” “subsidiary,” “affiliate” and related terms must be defined by the commissioner to effectuate the purposes of this section, which are to help maintain the separation between banking and the insurance business and to minimize the possibilities of unfair competitive activities by banks against insurance companies, agents and brokers.]

      (c) “Parent” means a person that owns or controls a bank, directly or indirectly, in whole or in part.

      (d) “Subsidiary” means a person owned or controlled by a bank, directly or indirectly, in whole or in part.

      2.  A bank [or bank holding company or its parent, subsidiaries or affiliates] must not directly or indirectly be licensed to sell insurance in this state except as to credit insurance, as defined in NRS 690A.015, and credit property insurance, or be licensed or admitted as an insurer.

      3.  The provisions of subsection 2 do not prohibit the licensing [of a bank or a bank holding company, or a parent, subsidiary or affiliate of a bank] by the commissioner [of insurance] :

      (a) Of an affiliate, parent or subsidiary of a bank to sell insurance or be admitted as an insurer; or

      (b) Of a bank to sell annuities. As used in this [subsection,] paragraph, “annuity” has the meaning ascribed to it in NRS 688A.020.

      Sec. 2.  Chapter 686A of NRS is hereby amended by adding thereto a new section to read as follows:

      A bank shall not in any manner extend credit, lease or sell property of any kind, or furnish any services, or fix or vary the consideration for any of them, on the condition or requirement that the customer purchase insurance from a parent, subsidiary or affiliate of the bank. For the purposes of this section, the terms “affiliate,” “parent” and “subsidiary” have the meanings ascribed to them in NRS 683A.110.


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

ê1997 Statutes of Nevada, Page 783 (Chapter 221, SB 351)ê

 

      Sec. 3.  NRS 686A.183 is hereby amended to read as follows:

      686A.183  1.  After the hearing provided for in NRS 686A.160, the commissioner shall issue his order on hearing pursuant to NRS 679B.360. If the commissioner determines that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice in violation of NRS 686A.010 to 686A.310, inclusive, and section 2 of this act, he shall order him to cease and desist from engaging in that method of competition, act or practice, and may order one or both of the following:

      (a) If the person knew or reasonably should have known that he was in violation of NRS 686A.010 to 686A.310, inclusive, and section 2 of this act, payment of an administrative fine of not more than $5,000 for each act or violation, except that as to licensed agents, brokers, solicitors and adjusters, the administrative fine [shall] must not exceed $500 for each act or violation.

      (b) Suspension or revocation of the person’s license if he knew or reasonably should have known that he was in violation of NRS 686A.010 to 686A.310, inclusive [.] , and section 2 of this act.

      2.  Until the expiration of the time allowed for taking an appeal, pursuant to NRS 679B.370, if no petition for review has been filed within that time, or, if a petition for review has been filed within that time, until the official record in the proceeding has been filed with the court, the commissioner may, at any time, upon such notice and in such manner as he deems proper, modify or set aside, in whole or in part, any order issued by him under this section.

      3.  After the expiration of the time allowed for taking an appeal, if no petition for review has been filed, the commissioner may at any time, after notice and opportunity for hearing, reopen and alter, modify or set aside, in whole or in part, any order issued by him under this section whenever in his opinion conditions of fact or of law have so changed as to require such action or if the public interest so requires.

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

________

 


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

ê1997 Statutes of Nevada, Page 784ê

 

CHAPTER 222, SB 158

Senate Bill No. 158–Senator Mathews

CHAPTER 222

AN ACT relating to public bodies; requiring an area leased by or on behalf of such a body to have a toilet facility which is accessible to a person with a disability; requiring the attorney general to enforce this requirement; and providing other matters properly relating thereto.

 

[Approved June 30, 1997]

 

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

 

      Section 1.  Chapter 444 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  As used in this section and sections 3 and 4 of this act, unless the context otherwise requires, “public body” means a governmental body of the State of Nevada, including, without limitation, an agency, department, division or political subdivision of the State of Nevada, or a local governmental body, including, without limitation, a county, city, municipality, township, school district or quasi-municipal corporation.

      Sec. 3.  1.  Except as otherwise provided in this section, each area that is leased by or on behalf of a public body and is used primarily to provide a service to the public must have at least one toilet facility which is accessible to a person with a disability within the leased area or, if the leased area is a part of a complex of leased areas, within the common area of the complex. The toilet facility must be available for use by members of the public. To satisfy the requirements of this section, the toilet facility must comply with the regulations regarding accessibility of a toilet facility promulgated pursuant to the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.

      2.  The provisions of subsection 1 do not apply to a leased area within a state park for which toilet facilities are otherwise accessible to members of the public.

      3.  A contract to lease an area that does not satisfy the requirements of subsection 1 which is entered into on or after October 1, 1997, is void and unenforceable.

      Sec. 4.  1.  A person may report a violation of section 3 of this act to the attorney general of the State of Nevada.

      2.  Upon receiving a report pursuant to subsection 1, the attorney general shall notify the public body responsible for the alleged violation. Not later than 30 days after receiving such notification, the public body shall:

      (a) Present evidence to the attorney general that it is in compliance with section 3 of this act; or

      (b) Begin any action necessary to comply with the requirements of section 3 of this act and notify the attorney general of the date on which it will be in compliance with those requirements.


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

ê1997 Statutes of Nevada, Page 785 (Chapter 222, SB 158)ê

 

      3.  If the public body fails to comply with section 3 of this act, the attorney general shall take such action as is necessary to ensure compliance with section 3 of this act, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.

________

 

CHAPTER 223, AB 47

Assembly Bill No. 47–Committee on Natural Resources, Agriculture, and Mining

CHAPTER 223

AN ACT relating to wildlife; reducing the fee for a resident mountain lion tag; authorizing the board of wildlife commissioners to retain for administrative costs a certain percentage of the money received from an additional drawing for big game tags; authorizing the board of wildlife commissioners to adopt regulations which authorize the refund of fees paid for certain hunting tags; and providing other matters properly relating thereto.

 

[Approved June 30, 1997]

 

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

 

      Section 1.  NRS 501.3575 is hereby amended to read as follows:

      501.3575  1.  The wildlife heritage trust account is hereby created in the state general fund. The money in the account must be used by the division as provided in this section for the protection, propagation, restoration, transplantation, introduction and management of any game fish, game mammal, game bird or fur-bearing mammal in this state.

      2.  [Money] Except as otherwise provided in NRS 502.250, money received by the division from:

      (a) A bid, auction or partnership in wildlife drawing conducted pursuant to NRS 502.250; and

      (b) A gift of money made by any person to the wildlife heritage trust account,

must be deposited with the state treasurer for credit to the account.

      3.  The interest and income earned on the money in the wildlife heritage trust account, after deducting any applicable charges, must be credited to the account.

      4.  The division may annually expend from the wildlife heritage trust account an amount of money not greater than the interest earned on the money in the account during the previous year. The commission shall review and approve expenditures from the account. No money may be expended from the account without the prior approval of the commission.

      5.  The commission shall administer the provisions of this section and may adopt any regulations necessary for that purpose.

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

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

 


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

ê1997 Statutes of Nevada, Page 786 (Chapter 223, AB 47)ê

 

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

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

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

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

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

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

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

 

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

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

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

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

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

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

________

 


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

ê1997 Statutes of Nevada, Page 787ê

 

CHAPTER 224, AB 84

Assembly Bill No. 84–Committee on Judiciary

CHAPTER 224

AN ACT relating to victims of crime; providing that the acceptance of payment from the board of examiners for certain services rendered to a victim constitutes an agreement not to collect additional payment for such services from the victim; clarifying the definition of victim; revising the provisions governing eligibility for aid; eliminating emergency awards of aid; making various other changes to the provisions governing aid to certain victims of crime; and providing other matters properly relating thereto.

 

[Approved June 30, 1997]

 

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

 

      Section 1.  Chapter 217 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding another provision of law, if a person who provides a service to a victim for which compensation is ordered pursuant to paragraph (a) of subsection 1 of NRS 217.200 accepts payment from the board for such a service, the person shall be deemed to have agreed to the condition that:

      1.  Such payment by the board constitutes payment in full for the service provided; and

      2.  The person may not collect or attempt to collect further payment from the victim or person on whose behalf the payment is made by the board.

      Sec. 2.  NRS 217.020 is hereby amended to read as follows:

      217.020  As used in NRS 217.010 to 217.270, inclusive, [and] sections 3 and 4 of [this act,] Assembly Bill No. 110 of this session and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 217.025 to 217.070, inclusive, and section of [this act] Assembly Bill No. 110 of this session have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 217.070 is hereby amended to read as follows:

      217.070  “Victim” means:

      1.  A person who is physically injured or killed as the direct result of a criminal act;

      2.  A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730;

      3.  A minor who was sexually abused, as “sexual abuse” is defined in NRS 432B.100; [or]

      4.  A person who is physically injured or killed as the direct result of a violation of NRS 484.379 or any act or neglect of duty punishable pursuant NRS 484.3795; [or]

      5.  A pedestrian who is physically injured or killed as the direct result of a driver of a motor vehicle who failed to stop at the scene of an accident involving the driver and the pedestrian in violation of NRS 484.219; or

      6.  A resident who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C. § 2331(1).

The term includes a person who was harmed by any of these acts whether the act was committed by an adult or a minor.


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

ê1997 Statutes of Nevada, Page 788 (Chapter 224, AB 84)ê

 

      Sec. 4.  NRS 217.180 is hereby amended to read as follows:

      217.180  1.  In determining whether to make an order for compensation, the compensation officer shall consider the provocation, consent or any other behavior of the victim [which] that directly or indirectly contributed to his injury or death, the prior case or social history, if any, of the victim, the need of the victim or his dependents for financial aid and other relevant matters.

      2.  If the applicant has received or is likely to receive [any] an amount on account of his [injuries] injury or the death of another from:

      (a) The person who committed the crime [which] that caused the victim’s injury or from anyone paying on behalf of the offender;

      (b) Insurance;

      (c) The employer of the victim; or

      (d) [Any other] Another private or public source or program of assistance,

the applicant shall report the [amounts] amount received or [which] that he is likely to receive to the compensation officer. Any of those sources [which] that is obligated to pay [any] an amount after the award of compensation shall pay the board [any] the amount of compensation [which] that has been paid to the applicant and pay the remainder of the amount due to the applicant. The compensation officer shall deduct the amounts [which] that the applicant has received or is likely to receive from those sources from the applicant’s total expenses.

      3.  An order for compensation may be made whether or not [any] a person is prosecuted or convicted of [any] an offense arising from the act on which the claim for compensation is based.

      4.  As used in this section, “public source or program of assistance” means:

      (a) Public assistance, as defined in NRS 422.050;

      (b) Social services provided by a social service agency, as defined in NRS 430A.080; or

      (c) Other assistance provided by a public entity.

      Sec. 5.  NRS 217.210 is hereby amended to read as follows:

      217.210  1.  Except as otherwise provided in subsection [3, no] 2, an order for the payment of compensation [may] must not be made unless the application is made within 1 year after the date of the personal injury or death on which the claim is based, unless waived by the board of examiners or a person designated by the board for good cause shown, and the personal injury or death was the result of an incident or offense [which] that was reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within that period, within 5 days of the time when a report could reasonably have been made.

      2.  [A claim with respect to which information has been requested from an applicant by the compensation officer, hearing officer or appeals officer remains open for 1 year after the request is made. If an applicant does not submit the requested information within 1 year after the request is made, the claim must be denied.

      3.]  The limitations upon payment of compensation established in subsection 1 do not apply to a minor who is sexually abused or who is


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

ê1997 Statutes of Nevada, Page 789 (Chapter 224, AB 84)ê

 

involved in the production of pornography. Such a minor must apply for compensation before reaching 21 years of age.

      Sec. 6.  NRS 217.220 is hereby amended to read as follows:

      217.220  1.  Except as otherwise provided in subsections 2, 3 and 4, compensation must not be awarded if the victim:

      (a) Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless the vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim or unless the driver of the vehicle injured a pedestrian, violated any of the provisions of NRS 484.379 or the use of the vehicle was punishable pursuant to NRS 484.3795;

      (b) Was not a citizen of the United States or was not lawfully entitled to reside in the United States at the time the incident upon which the claim is based occurred or he is unable to provide proof that he was a citizen of the United States or was lawfully entitled to reside in the United States at that time;

      (c) Was a coconspirator, codefendant, accomplice or adult passenger of the offender whose crime caused the victim’s injuries;

      (d) Was not a resident at the time he was victimized, unless he was injured in this state and the board determines that the State of Nevada has a sufficient amount of money to pay for the claim from money received from the Federal Government for the compensation of victims of crime; [or]

      (e) Was injured or killed while serving a sentence of imprisonment in a prison or jail;

      (f) Was injured or killed while living in a facility for the commitment or detention of children who are adjudicated delinquent pursuant to chapter 62 of NRS; or

      (g) Fails to cooperate with law enforcement agencies. Such cooperation does not require prosecution of the offender.

      2.  Paragraph (a) of subsection 1 does not apply to a minor who was physically injured or killed while being a passenger in the vehicle of an offender who violated NRS 484.379 or is punishable pursuant to NRS 484.3795.

      3.  A victim who is a relative of the offender or who, at the time of the personal injury or death of the victim, was living with the offender in a continuing relationship may be awarded compensation if the offender would not profit by the compensation of the victim.

      4.  The compensation officer may deny an award if he determines that the applicant will not suffer serious financial hardship. In determining whether an applicant will suffer serious financial hardship, the compensation officer shall not consider:

      (a) The value of the victim’s dwelling;

      (b) The value of one motor vehicle owned by the victim; or

      (c) The savings and investments of the victim up to an amount equal to the victim’s annual salary.

      Sec. 7.  NRS 217.095 is hereby repealed.

      Sec. 8.  This act becomes effective upon passage and approval.

________

 


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

ê1997 Statutes of Nevada, Page 790ê

 

CHAPTER 225, AB 148

Assembly Bill No. 148–Committee on Commerce

CHAPTER 225

AN ACT relating to mobile homes; requiring a landlord of a mobile home park to notify the manufactured housing division of the department of business and industry of a rent increase that affects a tenant who receives assistance from the fund for low-income owners of mobile homes; requiring a tenant to be the registered owner of a mobile home to be eligible for assistance from the fund; expanding eligibility for assistance from the fund to include persons who are registered owners of travel trailers that are located on mobile home lots in mobile home parks; and providing other matters properly relating thereto.

 

[Approved June 30, 1997]

 

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

 

      Section 1.  NRS 118B.150 is hereby amended to read as follows:

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

      1.  Increase rent or additional charges unless:

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

      (b) Written notice advising a tenant of the increase is received by the tenant 90 days [in advance of] before the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy. In addition to the notice provided to a tenant pursuant to this paragraph, if the landlord or his agent or employee knows or reasonably should know that the tenant receives assistance from the fund created pursuant to NRS 118B.215, the landlord or his agent or employee shall provide to the administrator written notice of the increase 90 days before the first payment to be increased.

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

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

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


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

ê1997 Statutes of Nevada, Page 791 (Chapter 225, AB 148)ê

 

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

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

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

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

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

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

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

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

      Sec. 2.  NRS 118B.215 is hereby amended to read as follows:

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

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

      3.  The money in the fund may be used only to pay necessary administrative costs and to assist eligible persons by supplementing their


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

ê1997 Statutes of Nevada, Page 792 (Chapter 225, AB 148)ê

 

monthly rent for the mobile home lot on which their mobile home is located. To be eligible for assistance from the fund a person must:

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

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

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

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

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

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

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

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

      4.  The administrator shall adopt regulations establishing:

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

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

      5.  As used in this section [, “monthly] :

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

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

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

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

________

 


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

ê1997 Statutes of Nevada, Page 793ê

 

CHAPTER 226, AB 176

Assembly Bill No. 176–Assemblymen Cegavske, Lee, Hettrick, Ernaut, Gustavson, Chowning, Sandoval, Collins, Price, Amodei, Buckley, Manendo, Berman, Hickey, Von Tobel, Ohrenschall, Evans, Krenzer, Nolan, Koivisto, Anderson, Marvel, Tiffany, Mortenson, Parks, Lambert, Goldwater, Herrera, Giunchigliani, Humke, Segerblom, Neighbors, Perkins, Braunlin, Freeman, Bache, Close, Carpenter and de Braga

CHAPTER 226

AN ACT relating to juveniles; requiring the suspension of the driver’s license of a child who is found guilty of a certain criminal activity involving a controlled substance or alcohol; and providing other matters properly relating thereto.

 

[Approved June 30, 1997]

 

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 the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Except as otherwise provided in subsection 3 and NRS 62.227, whenever a child is found to have committed the unlawful act of:

      (a) Using, possessing, selling or distributing a controlled substance; or

      (b) Purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020,

the judge, or his authorized representative, shall, if the child possesses a driver’s license, issue an order suspending the driver’s license of the child for at least 90 days but not more than 2 years. The judge shall require the child to surrender his driver’s license to the court.

      2.  If the child does not possess a driver’s license and the child is or will be eligible to receive a driver’s license within the 2 years immediately following the date of the order, the judge, or his authorized representative, shall issue an order prohibiting the child from receiving a driver’s license for a period specified by the court which must be at least 90 days but not more than 2 years:

      (a) Immediately following the date of the order, if the child is eligible to receive a driver’s license; or

      (b) After the date the child will be eligible to receive a driver’s license, if the child is not eligible to receive a license on the date 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.

      Sec. 3.  1.  When a court issues an order pursuant to NRS 62.226, 62.228 or section 2 of this act, it shall forward to the department of motor vehicles and public safety a copy of the order and the driver’s license of the child who is the subject of the order within 5 days after issuing the order.

      2.  The department of motor vehicles and public safety:


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

ê1997 Statutes of Nevada, Page 794 (Chapter 226, AB 176)ê

 

      (a) Shall not treat such an unlawful act set forth in NRS 62.226, 62.228 or section 2 of this act in the manner statutorily required for moving traffic violations.

      (b) Shall report the suspension of a driver’s license pursuant to NRS 62.226, 62.228 or section 2 of this act to an insurance company or its agent inquiring about the driving record of the child, but such a suspension must not be considered for the purpose of rating or underwriting.

      (c) Shall not require a child whose driver’s license was suspended pursuant to NRS 62.226, 62.227 or section 2 of this act to submit to the tests and other requirements that 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, unless the suspension also resulted from his poor performance as a driver.

      Sec. 4.  NRS 62.211 is hereby amended to read as follows:

      62.211  1.  Except as otherwise provided in NRS 62.212, if the court finds that a child is within the purview of this chapter it shall so decree and may:

      (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.

      (b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

      (c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.

      (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

      (e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.


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

ê1997 Statutes of Nevada, Page 795 (Chapter 226, AB 176)ê

 

      (f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.

      (g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.

      (h) Order the suspension of the child’s driver’s license for at least 90 days but not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from [applying for] receiving a driver’s license for at least 90 days but not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to [apply for] receive a driver’s license.

             (2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to [apply for] receive a license on the date of the order.

If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, 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. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to [apply for] receive a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph 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. The department of motor vehicles and public safety 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 paragraph, unless the suspension resulted from his poor performance as a driver.

      (i) Place the child, when he is not in school, under the supervision of:

             (1) A public organization to work on public projects;

             (2) A public agency to work on projects to eradicate graffiti; or

             (3) A private nonprofit organization to perform other public service.

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.


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

ê1997 Statutes of Nevada, Page 796 (Chapter 226, AB 176)ê

 

      (j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.

      (k) Require the child to provide restitution to the victim of the crime which the child has committed.

      (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

      2.  If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.

      3.  In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:

      (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

      (b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.

      4.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

      5.  Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

      6.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.

      Sec. 5.  NRS 62.226 is hereby amended to read as follows:

      62.226  1.  Except as otherwise provided in subsection 3 and NRS 62.227, whenever [any] a child is found to have committed the unlawful act of [:


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

ê1997 Statutes of Nevada, Page 797 (Chapter 226, AB 176)ê

 

      (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] placing graffiti on or otherwise defacing the public or private property, real or personal, of another, in violation of NRS 206.125 or 206.330, 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 of the child for at least 90 days but not more than 2 years. If such an order is issued, the judge shall require the child to surrender his driver’s license 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] receive 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] which must be at least 90 days but not more than 2 years:

      (a) Immediately following the date of the order, if the child is eligible to [apply for] receive a driver’s license.

      (b) After the date the child will be eligible to [apply for] receive a driver’s license, if the child is not eligible to [apply for] receive 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.]

      Sec. 6.  NRS 62.2275 is hereby amended to read as follows:

      62.2275  1.  If a child within the jurisdiction of the juvenile court is found by the juvenile court to have committed the unlawful act of [driving] :

      (a) Driving under the influence of intoxicating liquor or a controlled substance in violation of NRS 484.379 or 484.3795 [,] ;

      (b) Using, possessing, selling or distributing a controlled substance; or

      (c) Purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020, the judge, or his authorized representative, shall require the child to undergo an evaluation [by an evaluation center] to determine if the child is an abuser of alcohol or other drugs.


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ê1997 Statutes of Nevada, Page 798 (Chapter 226, AB 176)ê

 

the judge, or his authorized representative, shall require the child to undergo an evaluation [by an evaluation center] to determine if the child is an abuser of alcohol or other drugs.

      2.  The evaluation of a child pursuant to this section [must] :

      (a) Must be conducted [at an evaluation center by:

      (a)] by:

             (1) A counselor certified to make that classification by the bureau of alcohol and drug abuse;

      [(b)] (2) A physician certified to make that classification by the board of medical examiners; or

      [(c)] (3) A person who is approved to make that classification by the bureau of alcohol and drug abuse,

who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.

      (b) May be conducted at an evaluation center.

      3.  The judge [may:] shall:

      (a) Order the child to undergo a program of treatment as recommended by the [evaluation center.] person who conducted the evaluation pursuant to subsection 2.

      (b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.

      (c) Order the child, if he is at least 18 years of age or an emancipated minor, or the parent or legal guardian of the child, to the extent of the financial resources of the child or his parent or legal guardian, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child, or his parent or legal guardian, does not have the financial resources to pay all of those charges:

             (1) The judge shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and

             (2) The judge may order the child to perform supervised work for the benefit of the community in lieu of paying the charges relating to his evaluation and treatment. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the child or his parent or legal guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.

      4.  A treatment facility is not liable for any damages to person or property caused by a child who drives while under the influence of an intoxicating liquor or a controlled substance after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to this section.


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ê1997 Statutes of Nevada, Page 799 (Chapter 226, AB 176)ê

 

certified to his successful completion of a program of treatment ordered pursuant to this section.

      5.  The provisions of this section do not prohibit a judge from:

      (a) Requiring an evaluation to be conducted by [an evaluation center that is administered] a person who is employed by a private company if the company meets the standards of the bureau of alcohol and drug abuse . [; or] Such an evaluation may be conducted at an evaluation center pursuant to paragraph (b) of subsection 2.

      (b) Ordering the child to attend a program of treatment which is administered by a private company.

      6.  All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this chapter or the juvenile court, must not be disclosed to any person other than the juvenile court, the child and his attorney, if any, his parents or guardian, the prosecuting attorney and any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child. A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the driver’s record of that child for 7 years after the date of the offense.

      7.  As used in this section:

      (a) “Bureau of alcohol and drug abuse” means the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation.

      (b) “Evaluation center” has the meaning ascribed to it in NRS 484.3793.

      (c) “Treatment facility” has the meaning ascribed to it in NRS 484.3793.

      Sec. 7.  NRS 62.228 is hereby amended to read as follows:

      62.228  1.  In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the court shall:

      (a) For the first offense:

             (1) Require him to perform 100 hours of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and

             (2) Suspend his driver’s license for not more than 1 year or, if he does not possess a driver’s license, prohibit the child from [applying for] receiving a driver’s license for not more than 1 year:

                   (I) Immediately following the date of the order, if the child is eligible to [apply for] receive a driver’s license.

                   (II) After the date he becomes eligible to [apply for] receive a driver’s license, if the child is not eligible to [apply for] receive a license on the date of the order.

      (b) For the second offense:

             (1) Require him to perform at least 100 hours, but not more than 250 hours , of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and

             (2) Suspend his driver’s license for at least 90 days but not more than 2 years or, if he does not possess a driver’s license, prohibit the child from [applying for] receiving a driver’s license for at least 90 days but not more than 2 years:

 


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ê1997 Statutes of Nevada, Page 800 (Chapter 226, AB 176)ê

 

[applying for] receiving a driver’s license for at least 90 days but not more than 2 years:

                   (I) Immediately following the date of the order, if the child is eligible to [apply for] receive a driver’s license.

                   (II) After the date he becomes eligible to [apply for] receive a driver’s license, if the child is not eligible to [apply for] receive a license on the date of the order.

      2.  If the court issues an order suspending the driver’s license of a child pursuant to this section, the judge shall require the child to surrender his driver’s license 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.

      3.  If, pursuant to this section, the court issues an order delaying the ability of a child to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order.

      4.] 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 an additional suspension or delay, as appropriate, to apply consecutively with the previous order.

      [5.  The department of motor vehicles and public safety:

      (a) 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.

      (b) 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.]

      Sec. 8.  NRS 62.229 is hereby amended to read as follows:

      62.229  In addition to the options set forth in NRS 62.211 and 62.213 and the requirements of NRS 62.228, if a child is adjudicated delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the court shall order that any license to hunt issued to the child pursuant to chapter 502 of NRS must be revoked by the division of wildlife of the state department of conservation and natural resources and that the child shall not [apply for] receive a license to hunt within the 2 years following the date of the order or until he is 18 years of age, whichever is later. The judge shall require the child to surrender to the court any license to hunt then held by the child. The court shall, within 5 days after issuing the order, forward to the division of wildlife any license to hunt surrendered by the child, together with a copy of the order.

      Sec. 9.  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, 62.227 and 62.228 [.]


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ê1997 Statutes of Nevada, Page 801 (Chapter 226, AB 176)ê

 

paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 and 62.228 [.] and sections 2 and 3 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 or revoked pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 or 62.228 [.] or section 2 of this act.

      Sec. 10.  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 of the commission 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.

      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 NRS 62.226 and 62.227 and sections 2 and 3 of this act with the assistance of the department of human resources, the department of motor vehicles and public safety and the superintendent of public instruction.


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

ê1997 Statutes of Nevada, Page 802 (Chapter 226, AB 176)ê

 

department of human resources, the department of motor vehicles and public safety and the superintendent of public instruction.

      Sec. 11.  NRS 483.250 is hereby amended to read as follows:

      483.250  The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:

      1.  To any person who is under the age of 16 years, except that the department may issue:

      (a) A restricted license to a person between the ages of 14 and 16 years pursuant to the provisions of NRS 483.267 and 483.270.

      (b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.

      (c) A restricted instruction permit to a person under the age of 16 years pursuant to the provisions of subsection 3 of NRS 483.280.

      2.  To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.

      3.  To any person whose license has been suspended, but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.

      4.  To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.

      5.  To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.

      6.  To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to drive a motor vehicle with safety upon the highways.

      7.  To any person who is not a resident of this state.

      8.  To any child who is the subject of a court order issued pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228 or section 2 of this act which delays his privilege to drive.

      9.  To any person who is the subject of a court order issued pursuant to NRS 206.330 which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.

      Sec. 12.  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 NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.

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

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

             (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.


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ê1997 Statutes of Nevada, Page 803 (Chapter 226, AB 176)ê

 

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

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

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

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

             (6) A violation of NRS 484.348.

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

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

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

      4.  The department shall revoke the license, permit or privilege of a driver who is required to install a device pursuant to NRS 484.3943 but operates a motor vehicle without such a device:

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

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

      5.  When the department is notified that a court has:

      (a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, or section 2 of this act, ordered the suspension or delay in issuance of a child’s license;

      (b) Pursuant to NRS 206.330, ordered the suspension or delay in issuance of a person’s license; or

      (c) Pursuant to NRS 62.227, 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. 13.  NRS 483.490 is hereby amended to read as follows:

      483.490  1.  Except as otherwise provided in 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


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

ê1997 Statutes of Nevada, Page 804 (Chapter 226, AB 176)ê

 

      (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 subsection 1 of NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, or section 2 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) If applicable, to and from school.

      3.  After a driver’s license has been suspended pursuant to NRS 483.443, 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;

      (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 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] pursuant to subsection 2 of NRS 483.560.

      5.  The periods of suspensions and revocations required pursuant to this chapter and NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

      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. 14.  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,] NRS 62.227 and [subsection 5 of NRS 62.228,] section 3 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] the ability of a person to operate a motor vehicle; and


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

ê1997 Statutes of Nevada, Page 805 (Chapter 226, AB 176)ê

 

      (b) May allow for the waiver of certain tests or requirements as the department deems necessary.

      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. 15.  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, 62.227 or 62.228 [.] or section 2 of this act.

      Sec. 16.  Section 5 of Assembly Bill No. 22 of this session is hereby amended to read as follows:

       Sec. 5.  NRS 62.228 is hereby amended to read as follows:

       62.228  1.  In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the court shall:

       (a) For the first offense:

             (1) Require him to perform [100] 200 hours of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and

             (2) Suspend his driver’s license for not more than 1 year or, if he does not possess a driver’s license, prohibit the child from receiving a driver’s license for not more than 1 year:

                   (I) Immediately following the date of the order, if the child is eligible to receive a driver’s license.

                   (II) After the date he becomes eligible to receive a driver’s license, if the child is not eligible to receive a license on the date of the order.

       (b) For the second offense:

             (1) Require him to perform at least [100] 200 hours, but not more than [250] 600 hours, of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and

             (2) Suspend his driver’s license for at least 90 days but not more than 2 years or, if he does not possess a driver’s license, prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:

                   (I) Immediately following the date of the order, if the child is eligible to receive a driver’s license.

                   (II) After the date he becomes eligible to receive a driver’s license, if the child is not eligible to receive a license on the date of the order.

       2.  If the court issues an order suspending the driver’s license of a child pursuant to this section, the judge shall require the child to surrender his driver’s license to the court.


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

ê1997 Statutes of Nevada, Page 806 (Chapter 226, AB 176)ê

 

       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 an additional suspension or delay, as appropriate, to apply consecutively with the previous order.

      Sec. 17.  Section 2 of Assembly Bill No. 39 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 62.211 is hereby amended to read as follows:

       62.211  1.  Except as otherwise provided in NRS 62.212 [,] and section 1 of this act, if the court finds that a child is within the purview of this chapter it shall so decree and may:

       (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.

       (b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

       (c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.

       (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

       (e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.

       (f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.

       (g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.


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

ê1997 Statutes of Nevada, Page 807 (Chapter 226, AB 176)ê

 

in the investigation of an act committed by the child and the taking into custody of the child.

       (h) Order the suspension of the child’s driver’s license for at least 90 days but not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to receive a driver’s license.

             (2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to receive a license on the date of the order.

If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, 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. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph 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. The department of motor vehicles and public safety 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 paragraph, unless the suspension resulted from his poor performance as a driver.

       (i) Place the child, when he is not in school, under the supervision of:

             (1) A public organization to work on public projects;

             (2) A public agency to work on projects to eradicate graffiti; or

             (3) A private nonprofit organization to perform other public service.

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.

       (j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.


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

ê1997 Statutes of Nevada, Page 808 (Chapter 226, AB 176)ê

 

both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.

       (k) Require the child to provide restitution to the victim of the crime which the child has committed.

       (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

       2.  If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.

       3.  In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:

       (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

       (b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.

       4.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

       5.  Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

       6.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.

      Sec. 18.  Section 1 of Senate Bill No. 207 of this session is hereby amended to read as follows:

       Section 1.  NRS 62.211 is hereby amended to read as follows:

       62.211  1.  Except as otherwise provided in NRS 62.212 and section 1 of [this act] Assembly Bill No. 39 of this session, if the court finds that a child is within the purview of this chapter it shall so decree and may:


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

ê1997 Statutes of Nevada, Page 809 (Chapter 226, AB 176)ê

 

       (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.

       (b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

       (c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.

       (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

       (e) If the child is less than [17] 18 years of age, order [the] :

             (1) The parent, guardian or custodian of the child [, and any brothers, sisters] ; and

             (2) Any brother, sister or other [persons] person who is living in the same household as the child over whom the court has jurisdiction ,

to attend or participate in counseling, [alone or together] with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse , or techniques of dispute resolution.

       (f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.

       (g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.

       (h) Order the suspension of the child’s driver’s license for at least 90 days but not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to receive a driver’s license.


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

ê1997 Statutes of Nevada, Page 810 (Chapter 226, AB 176)ê

 

             (2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to receive a license on the date of the order.

If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, 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. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph 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. The department of motor vehicles and public safety 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 paragraph, unless the suspension resulted from his poor performance as a driver.

       (i) Place the child, when he is not in school, under the supervision of:

             (1) A public organization to work on public projects;

             (2) A public agency to work on projects to eradicate graffiti; or

             (3) A private nonprofit organization to perform other public service.

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.

       (j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.

       (k) Require the child to provide restitution to the victim of the crime which the child has committed.

       (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.


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

ê1997 Statutes of Nevada, Page 811 (Chapter 226, AB 176)ê

 

       2.  If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.

       3.  In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:

       (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

       (b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.

       4.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

       5.  Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

       6.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.

      Sec. 19.  Section 11 of Senate Bill No. 102 of this session is hereby amended to read as follows:

       Sec. 11.  NRS 62.211 is hereby amended to read as follows:

       62.211  1.  Except as otherwise provided in NRS 62.212 and section 1 of Assembly Bill No. 39 of this session, if the court finds that a child is within the purview of this chapter it shall so decree and may:

       (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.


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

ê1997 Statutes of Nevada, Page 812 (Chapter 226, AB 176)ê

 

       (b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

       (c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.

       (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

       (e) If the child is less than 18 years of age, order:

             (1) The parent, guardian or custodian of the child; and

             (2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,

to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.

       (f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.

       (g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.

       (h) Order the suspension of the child’s driver’s license for at least 90 days but not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to receive a driver’s license.

             (2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to receive a license on the date of the order.

If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, 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. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order.


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

ê1997 Statutes of Nevada, Page 813 (Chapter 226, AB 176)ê

 

license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph 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. The department of motor vehicles and public safety 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 paragraph, unless the suspension resulted from his poor performance as a driver.

       (i) Place the child, when he is not in school, under the supervision of:

             (1) A public organization to work on public projects;

             (2) A public agency to work on projects to eradicate graffiti; or

             (3) A private nonprofit organization to perform other public service.

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.

       (j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.

       (k) Require the child to provide restitution to the victim of the crime which the child has committed.

       (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

       2.  If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.

       3.  In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender.


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

ê1997 Statutes of Nevada, Page 814 (Chapter 226, AB 176)ê

 

offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:

       (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

       (b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.

       4.  [At] Except as otherwise provided in section 7 of this act, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

       5.  Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

       6.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.

      Sec. 20.  Section 1 of Senate Bill No. 277 of this session is hereby amended to read as follows:

       Section 1.  NRS 62.211 is hereby amended to read as follows:

       62.211  1.  Except as otherwise provided in NRS 62.212 and section 1 of Assembly Bill No. 39 of this session, if the court finds that a child is within the purview of this chapter it shall so decree and may:

       (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.

       (b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.


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

ê1997 Statutes of Nevada, Page 815 (Chapter 226, AB 176)ê

 

without prior approval of the superintendent of the Nevada youth training center.

       (c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.

       (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

       (e) If the child is less than 18 years of age, order:

             (1) The parent, guardian or custodian of the child; and

             (2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,

to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.

       (f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.

       (g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.

       (h) Order the suspension of the child’s driver’s license for at least 90 days but not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to receive a driver’s license.

             (2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to receive a license on the date of the order.

If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, 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. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph 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. The department of motor vehicles and public safety 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 paragraph, unless the suspension resulted from his poor performance as a driver.


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

ê1997 Statutes of Nevada, Page 816 (Chapter 226, AB 176)ê

 

of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.

       (i) Place the child, when he is not in school, under the supervision of:

             (1) A public organization to work on public projects;

             (2) A public agency to work on projects to eradicate graffiti; or

             (3) A private nonprofit organization to perform other public service.

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.

       (j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.

       (k) Require the child to provide restitution to the victim of the crime which the child has committed.

       (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

       (m) If the child has not previously been found to be within the purview of this chapter and if the act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence, order the child to participate in a publicly or privately operated program of sports or physical fitness. If the court orders the child to participate in such a program, the court may order any or all of the following, in the following order of priority if practicable:

             (1) The parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;

             (2) The child to work on projects or perform public service pursuant to paragraph (i) for a period that reflects the costs associated with the participation of the child in the program; or

             (3) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.

 

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