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ê1997 Statutes of Nevada, Page 2353 (Chapter 489, AB 401)ê

 

      Sec. 325.  1.  This section and sections 112 and 319 of this act become effective on June 30, 1997.

      2.  Sections 1 to 6, inclusive, 10 to 15, inclusive, 30 to 33, inclusive, 35, 36, 40 to 43, inclusive, 102, 105.5, 106, 107, 113, 114, 283, 284, 308, 309, 321, 323.3, 323.7 and 324 of this act, and subsection 1 of section 320 of this act, become effective on July 1, 1997.

      3.  Sections 26, 28, 34, 37 and 39 of this act become effective at 12:01 a.m. on July 1, 1997.

      4.  For the purpose of adopting regulations and conducting any preliminary activities necessary to carry out the provisions of this act in a timely manner, the remaining provisions of this act become effective upon passage and approval. For all other purposes:

      (a) Sections 44 to 82, inclusive, 83 to 88, inclusive, 89, 90, 91, 92, 93, 94, 95, 96 to 100, inclusive, 103, 104, 105, 108 to 111, inclusive, 115 to 126, inclusive, 127, 128, 129 to 133, inclusive, 134, 135, 136, 137, 138, 139 to 154, inclusive, 155, 156, 157, 158 to 172, inclusive, 173 to 183, inclusive, 184 to 190, inclusive, 190.5, 191, 192, 193, 194, 277 to 277.7, inclusive, 278.1 to 282, inclusive, 285 to 307, inclusive, 322 and 323 of this act, and subsection 2 of section 320 of this act, become effective on October 1, 1997.

      (b) Sections 7, 8, 9, 16 to 25, inclusive, 82.5, 88.5, 90.5, 91.5, 92.5, 95.5, 126.5, 128.5, 133.5, 135.5, 136.5, 137.5, 138.5, 154.5, 157.5, 172.5, 183.5, 190.3, 192.5, 193.5, 195 to 276, inclusive, 278, 308.5 and 310 to 318, inclusive, of this act, and subsection 3 of section 320 of this act, become effective on January 1, 1998.

      5.  Sections 123.5 and 277.1 of this act expire by limitation on January 1, 1998.

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ê1997 Statutes of Nevada, Page 2354ê

 

CHAPTER 490, AB 191

Assembly Bill No. 191–Assemblymen Evans, Anderson, Freeman, Goldwater, de Braga, Buckley, Sandoval, Segerblom, Herrera, Koivisto, Braunlin, Lambert, Manendo, Perkins, Giunchigliani, Krenzer, Arberry, Hettrick, Carpenter, Williams, Ohrenschall, Price, Dini, Humke, Chowning, Collins, Bache, Ernaut, Parks, Tiffany and Berman

CHAPTER 490

AN ACT relating to education; revising the provisions governing the program to provide pupils with the skills to make the transition from school to careers; repealing the prospective expiration of the authority of boards of trustees of school districts to establish rules concerning school-based decision making; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 388.367 is hereby amended to read as follows:

      388.367  1.  There is hereby created in the state treasury the fund for the [improvement of occupational education] school to careers program to be administered by the state board . [of education.] The superintendent may accept gifts and grants of money from any source for deposit in the fund. All legislative appropriations, gifts and grants made to the fund become a part of the principal of the fund which may be reduced only by specific legislative action. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.

      2.  Money in the fund must be used for the program to provide pupils with the skills to make the transition from school to [work] careers adopted pursuant to NRS 388.368.

      3.  Money in the fund must not be:

      (a) Considered in negotiations between a recognized organization of employees of a school district and the school district; or

      (b) Used to reduce the amount of money which would otherwise be made available for occupational education in the absence of this section.

      4.  The state board [of education] shall establish annually , within the limits of money available in the fund, a basic allocation of $25,000 to each school district and each university and community college within the University and Community College System of Nevada whose application to participate in the program adopted pursuant to NRS 388.368 is approved [by the state board of education.] pursuant to subsection 5 of that section. The remaining money must be allocated to:

      (a) School districts with approved applications in proportion to the total number of pupils enrolled in grades 7 through 12, inclusive, within the district on the last day of the first month of the school year preceding the school year for which the money is being provided; and

      (b) Community colleges with approved applications in proportion to the total number of full-time students enrolled on October 15 of the school year preceding the school year for which the money is being provided.


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ê1997 Statutes of Nevada, Page 2355 (Chapter 490, AB 191)ê

 

      Sec. 2.  NRS 388.368 is hereby amended to read as follows:

      388.368  1.  The state board [of education shall adopt] , in consultation with the assisting agencies and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 4, shall:

      (a) Adopt a comprehensive program to [provide pupils with] offer pupils who are enrolled in grades 7 through 12, inclusive, the skills to make the transition from school to [work. The state board of education shall develop, implement] careers; and

      (b) Carry out and review the program . [with the assistance of the assisting agencies and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 3.]

      2.  The program to provide pupils with the skills to make the transition from school to [work must] careers may be designed to achieve the following objectives:

      (a) To provide [all] the pupils participating in the program with an [equal] equitable opportunity to learn about and explore various career options of their choice before the completion of middle school.

      (b) To [provide] offer career counseling for [all pupils during the 9th and 10th grades.] interested pupils who are enrolled in grades 7 through 12, inclusive.

      (c) To provide [all] information concerning the program.

      (d) To provide the pupils participating in the program with an [equal] equitable opportunity to achieve high academic standards and to obtain training in occupations [that earn high wages.

      (d) To strengthen and expand] of their choice. If desired, a pupil who has chosen to receive training in an occupation may choose to receive training in another occupation of his choice, or may terminate his participation in the program, without the loss of credit, at such times as are allowed by the state board, but in no case may a pupil be required to continue with the training or participate in the program for more than one semester.

      (e) To continue and enhance existing technical and vocational education programs that are voluntary, including, without limitation, programs adopted pursuant to the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. §§ 2301 et seq.).

      [(e) To adopt]

      (f) To allow a system for [issuing] awarding certificates of technical or vocational proficiency.

      [(f) To adopt a curriculum and a system to allow pupils and students] Such a certificate must not be awarded as a replacement for or in lieu of a high school diploma.

      (g) To allow pupils participating in the program to participate in educational activities in the workplace.

      [(g) To provide all pupils with programs of]

      (h) To offer pupils participating in the program job training and placement or programs for preparation for postsecondary education during the 12th grade [.


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ê1997 Statutes of Nevada, Page 2356 (Chapter 490, AB 191)ê

 

      (h) To strengthen] , or both.

      (i) To encourage the relationship [between] among the business community , [and] school districts and universities and community colleges within the University and Community College System of Nevada to promote job training and internships.

      [(i) To encourage]

      (j) To offer statewide participation in the program for pupils who are enrolled in grades 7 through 12, inclusive.

      [(j) To meet the continuing educational and developmental needs of teachers and employees of the school district.]

      (k) To encourage teachers and other educational personnel to continue their educational development related to the program.

      (l) To adopt a process to evaluate the program and to integrate improvements [into the program.] in compliance with the Family Educational Rights and Privacy Act (20 U.S.C. §§ 1232g et seq.). To carry out the purposes of this paragraph, the state board may adopt a system for evaluating participation in the program only to produce aggregate statistical information needed to evaluate the program, but not to ensure that a pupil completes job training for a particular career. This paragraph does not prohibit the collection of data necessary to carry out the provisions of NRS 389.015 and 389.017.

      3.  The program adopted by the state board must be designed to offer an equitable opportunity for all pupils to participate in the program, including, without limitation:

      (a) Male and female pupils;

      (b) Pupils who are of diverse racial, ethnic and cultural backgrounds;

      (c) Pupils whose primary language is not English;

      (d) Pupils who have disabilities;

      (e) Pupils who are gifted and talented;

      (f) Pupils who are at high risk of dropping out of school; and

      (g) Pupils who are disadvantaged, economically or otherwise.

      4.  To be eligible to receive funding for and to participate in the program established pursuant to this section, a school district or a university or community college within the University and Community College System of Nevada must submit to the state board [of education] an application that includes:

      (a) A description of the partnership between the school district [or] , university or community college and the business community that will be established to carry out the program adopted pursuant to this section. The partnership must consist of employers, representatives of local educational agencies, local postsecondary educational institutions, representatives of labor organizations, pupils, parents and persons representing rehabilitation, employment and training services.

      (b) A plan that describes how the partnership will carry out the objectives of the program, including specific requirements for periodic review and approval by the members of the partnership representing the business community of the means of obtaining those objectives. The members of the partnership who perform the periodic review shall make a determination of whether the program is actually improving the participants’ skills to make the transition from school to [work.]


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ê1997 Statutes of Nevada, Page 2357 (Chapter 490, AB 191)ê

 

partnership who perform the periodic review shall make a determination of whether the program is actually improving the participants’ skills to make the transition from school to [work.] careers. The members of the partnership who perform the periodic review must include employers who are likely to hire pupils who complete the program as well as other employers who are active in the establishment of programs for job training and placement.

      (c) A description of an annual evaluation to be conducted by the partnership and used to measure the success of the program. The results of the evaluation must be submitted to the state board [of education] and contain specific comments from the members of the partnership representing the business community regarding the effectiveness of the program in producing pupils who are ready for employment in the workplace.

      (d) Other information the state board [of education] may require to determine the eligibility of the school district to participate in the program.

      [4.] 5.  The state board [of education, after] , in consultation with the assisting agencies [, shall submit] and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 4, shall:

      (a) Make a determination on an application that is submitted pursuant to this section.

      (b) Submit a report containing its findings, conclusions and recommendations regarding the program adopted pursuant to this section to each regular session of the legislature [.

      5.] on or before February 1 of each odd-numbered year.

      6.  As used in this section, “assisting agencies” means the commission on economic development, the department of employment, training and rehabilitation, the welfare division of the department of human resources [, the department of information services, the state industrial insurance system, the division of state library and archives of the department of museums, library and arts] and the University and Community College System of Nevada.

      Sec. 2.5.  Section 5 of chapter 664, Statutes of Nevada 1993, as amended by section 1 of chapter 343, Statutes of Nevada 1995, at page 862, is hereby amended to read as follows:

       Sec. 5.  This act becomes effective on July 1, 1993 . [, and expires by limitation on June 30, 1999.]

      Sec. 3.  NRS 388.367 and 388.368 are hereby repealed.

      Sec. 4.  Any money specifically appropriated by the legislature for the school to careers program established pursuant to NRS 388.368 for fiscal years 1997-1998 and 1998-1999 must be deposited in the fund for the school to careers program created pursuant to NRS 388.367 and distributed by the state board of education as provided in NRS 388.367, as amended by section 1 of this act.

      Sec. 5.  On July 1, 2003, or as soon thereafter as is practicable, the state controller shall transfer the balance in the fund for the school to careers program which is not committed for expenditure to the state general fund.


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ê1997 Statutes of Nevada, Page 2358 (Chapter 490, AB 191)ê

 

      Sec. 6.  1.  This section and sections 1, 2, 2.5 and 4 of this act become effective on July 1, 1997.

      2.  Sections 3 and 5 of this act become effective on July 1, 2003.

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CHAPTER 491, AB 198

Assembly Bill No. 198–Assemblyman Hettrick

CHAPTER 491

AN ACT relating to the financing of school construction; increasing the limitation on the population of school districts authorized to request the imposition of a tax on residential construction to construct, remodel and make additions to school buildings; increasing the maximum amount of such tax that may be imposed; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 387.331 is hereby amended to read as follows:

      387.331  1.  The tax on residential construction authorized by this section is a specified amount which must be the same for each:

      (a) Lot for a mobile home;

      (b) Residential dwelling unit; and

      (c) Suite in an apartment house,

imposed on the privilege of constructing apartment houses [,] and residential dwelling units and developing lots for mobile homes.

      2.  The board of trustees of any school district whose population is less than [35,000] 40,000 may request that the board of county commissioners of the county in which the school district is located impose a tax on residential construction in the school district to construct, remodel and make additions to school buildings. Whenever the board of trustees takes that action it shall notify the board of county commissioners and shall specify the areas of the county to be served by the buildings to be erected or enlarged.

      3.  If the board of county commissioners decides that the tax should be imposed, it shall notify the Nevada tax commission. If the commission approves, the board of county commissioners may then impose the tax, whose specified amount must not exceed [$1,000.] $1,600.

      4.  The board shall collect the tax so imposed, in the areas of the county to which it applies, and may require that administrative costs, not to exceed 1 percent, be paid from the amount collected.

      5.  The money collected must be deposited with the county treasurer in the school district’s fund for capital projects to be held and expended in the same manner as other money deposited in that fund.

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ê1997 Statutes of Nevada, Page 2359ê

 

CHAPTER 492, AB 204

Assembly Bill No. 204–Committee on Elections, Procedures, and Ethics

CHAPTER 492

AN ACT relating to taxation; providing for a study of the feasibility of consolidating the collection of taxes and fees within the Department of Taxation and the Department of Motor Vehicles and Public Safety, and of the cost of collecting taxes and fees on behalf of local governments; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  1.  The committee to study the feasibility of consolidating the collection of state taxes and fees within the Department of Taxation and the Department of Motor Vehicles and Public Safety is hereby created. The following persons shall serve as ex officio members of the committee:

      (a) The Executive Director of the Department of Taxation;

      (b) The Director of the Department of Administration;

      (c) The State Treasurer;

      (d) The Director of the Department of Motor Vehicles and Public Safety; and

      (e) The Director of the Department of Transportation.

These members of the committee shall select a chairman from among their membership.

      2.  The ex officio members of the committee prescribed in subsection 1 may appoint to serve as a member of the committee another person whom the members of the committee consider necessary to conduct the study.

      3.  Each member of the committee shall serve without additional compensation except that while he is engaged in the business of the committee he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  The Executive Director of the Department of Taxation shall provide the necessary staff for the committee.

      5.  The provisions of chapter 241 of NRS apply to the meetings of the committee.

      Sec. 2.  The committee shall:

      1.  Review and evaluate the methods for the collection of taxes and fees and the procedures for auditing currently used by state agencies to determine whether any coordination or consolidation of those methods and procedures between the state agencies can be achieved;

      2.  Review and evaluate the effectiveness of electronic transfers of money for the payment and collection of taxes and fees;

      3.  Identify all state taxes and fees whose collection should be transferred to the Department of Taxation or the Department of Motor Vehicles and Public Safety.


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ê1997 Statutes of Nevada, Page 2360 (Chapter 492, AB 204)ê

 

      4.  Evaluate the effect that a consolidation of the collection of state taxes and fees within the Department of Taxation and the Department of Motor Vehicles and Public Safety will have upon:

      (a) The budget of each state agency whose responsibility for the collection of a state tax or fee may be transferred to the Department of Taxation and the Department of Motor Vehicles and Public Safety; and

      (b) The budget of the Department of Taxation and the Department of Motor Vehicles and Public Safety, including, without limitation, the requirements for additional employees, computers and other equipment, offices and the training of employees.

      5.  Review the taxes and fees which are collected by the Department of Taxation and the Department of Motor Vehicles and Public Safety for the benefit of local governments and determine the actual cost to the department to collect those taxes and fees and the methods used to determine the actual cost of collecting those taxes and fees.

      Sec. 3.  All agencies of the state shall cooperate with the committee and provide to the committee any information or material that the committee requests to conduct its study and prepare its reports.

      Sec. 4.  The committee shall prepare and submit:

      1.  An initial report that includes a summary of the progress of the study to the Legislative Commission not later than March 1, 1998;

      2.  A second report that includes a summary of the progress of the study to the Legislative Commission not later than October 1, 1998; and

      3.  A final report of its findings and recommendations for legislation to the Director of the Legislative Counsel Bureau before the commencement of the 70th session of the Nevada Legislature for transmittal to the Senate Standing Committee on Taxation and the Assembly Standing Committee on Taxation.

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ê1997 Statutes of Nevada, Page 2361ê

 

CHAPTER 493, AB 208

Assembly Bill No. 208–Assemblymen Anderson, Williams, Ohrenschall, Segerblom, Carpenter, Tiffany, Hickey, Krenzer, Price, Sandoval, Mortenson, Collins, Chowning, Manendo, Hettrick, Perkins, de Braga, Marvel, Von Tobel, Amodei, Ernaut, Neighbors, Humke, Herrera, Goldwater, Giunchigliani, Arberry, Bache and Freeman

CHAPTER 493

AN ACT relating to the resolution of disputes; authorizing the increase of fees imposed for the filing of civil actions and responses thereto for the support of certain programs; authorizing the board of county commissioners in smaller counties to impose an additional fee for the filing of civil actions and responses thereto for the support of programs for the prevention or treatment of the abuse of alcohol or drugs; providing for the establishment of neighborhood justice centers in certain additional counties; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In a county whose population is less than 100,000, the board of county commissioners may, in addition to any other fee required by law, impose by ordinance a filing fee of not more than $10 to be paid on the commencement of any action or proceeding in the justices’ court for which a fee is required and on the filing of any answer or appearance in any such action or proceeding for which a fee is required.

      2.  On or before the fifth day of each month, in a county where a fee has been imposed pursuant to subsection 1, the justice of the peace shall account for and pay over to the county treasurer any such fees collected by him during the preceding month for credit to an account for programs for the prevention and treatment of the abuse of alcohol and drugs in the county general fund. The money in that account must be used only to support programs for the prevention or treatment of the abuse of alcohol or drugs which may include, without limitation, any program of treatment for the abuse of alcohol or drugs established in a judicial district pursuant to NRS 453.580.

      Sec. 2.  NRS 4.063 is hereby amended to read as follows:

      4.063  1.  In a county whose population is 100,000 or more, the justice of the peace shall, on the commencement of any action or proceeding in the justices’ court for which a fee is required, and on the answer or appearance of any party in any such action or proceeding for which a fee is required, charge and collect a fee of not less than $5 but not more than $10 from the party commencing, answering or appearing in the action or proceeding. [These fees are] The fee required pursuant to this section is in addition to any other fee required by law.

      2.  On or before the first Monday of each month, the justice of the peace shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1 for credit to an account for dispute resolution in the county general fund.


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ê1997 Statutes of Nevada, Page 2362 (Chapter 493, AB 208)ê

 

him pursuant to subsection 1 for credit to an account for dispute resolution in the county general fund. The money in that account must not be used for purposes other than the [program] programs established pursuant to NRS 3.500 [or] and 244.1607.

      3.  The board of county commissioners of any other county may impose by ordinance an additional filing fee of not more than [$5] $10 to be paid on the commencement of any action or proceeding in the justices’ court for which a fee is required and on the filing of any answer or appearance in any such action or proceeding for which a fee is required. On or before the fifth day of each month, in a county where this fee has been imposed, the justice of the peace shall account for and pay over to the county treasurer all fees collected during the preceding month pursuant to this subsection for credit to an account for dispute resolution in the county general fund. The money in the account must be used only to support a program established [in accordance with] pursuant to NRS 3.500 [.] or 244.1607.

      Sec. 3.  Chapter 19 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In a county whose population is less than 100,000, the board of county commissioners may, in addition to any other fee required by law, impose by ordinance a filing fee of not more than $10 to be paid on the commencement of any civil action or proceeding in the district court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required.

      2.  On or before the fifth day of each month, in a county where a fee has been imposed pursuant to subsection 1, the justice of the peace shall account for and pay over to the county treasurer any such fees collected by him during the preceding month for credit to an account for programs for the prevention and treatment of the abuse of alcohol and drugs in the county general fund. The money in that account must be used only to support programs for the prevention or treatment of the abuse of alcohol or drugs which may include, without limitation, any program of treatment for the abuse of alcohol or drugs established in a judicial district pursuant to NRS 453.580.

      Sec. 4.  NRS 19.0313 is hereby amended to read as follows:

      19.0313  1.  In a county whose population is 100,000 or more, the county clerk shall, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, charge and collect not less than $5 but not more than $10 from the party commencing, answering or appearing in the action or proceeding. [These fees are] The fee required pursuant to this section is in addition to any other fee required by law.

      2.  On or before the first Monday of each month the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1 for use in [a program] the programs established in accordance with NRS 3.500 [or] and 244.1607.

      3.  The board of county commissioners of any other county may impose by ordinance an additional filing fee of not more than [$5] $10 to be paid on the commencement of any civil action or proceeding in the district court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required.


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ê1997 Statutes of Nevada, Page 2363 (Chapter 493, AB 208)ê

 

the commencement of any civil action or proceeding in the district court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required. On or before the fifth day of each month, in a county where this fee has been imposed, the county clerk shall account for and pay over to the county treasurer all fees collected during the preceding month pursuant to this subsection for credit to an account for dispute resolution in the county general fund. The money in the account must be used only to support a program established [in accordance with] pursuant to NRS 3.500 [.] or 244.1607.

      Sec. 5.  NRS 244.1607 is hereby amended to read as follows:

      244.1607  1.  [In a county whose population is more than 400,000, the] The board of county commissioners :

      (a) In a county whose population is 100,000 or more shall establish a neighborhood justice center. [The]

      (b) In a county whose population is less than 100,000 may establish a neighborhood justice center.

A neighborhood justice center must be closely modeled after the program established by the American Bar Association for multi-door courthouses for the resolution of disputes.

      2.  Except as otherwise provided in subsection 3, [the] a neighborhood justice center must provide, at no charge:

      (a) A forum for the impartial mediation of minor disputes including, but not limited to, disputes between landlord and tenant, neighbors, family members, local businesses and their customers, hospitals and their patients, and governmental agencies and their clients, except where prohibited by federal law.

      (b) A system of providing information concerning the resolution of disputes and the services available in the community.

      (c) An efficient and effective referral system which assists in the resolution of disputes and otherwise guides the client to the appropriate public or private agency to assist in the resolution of the particular dispute, including referrals to the justices of the peace, municipal courts, lawyer referral systems, legal aid services, district attorney, city attorneys, district courts, mental health services, other alternative methods of resolving disputes and other governmental and private services.

      3.  [The] A board of county commissioners that has established a neighborhood justice center may authorize [a] the center to charge a fee for:

      (a) Services which are provided relating to the resolution of complex cases; and

      (b) Training provided by the center.

      4.  [The] A neighborhood justice center must be supported from the money in the account for dispute resolution in the county general fund and any gifts or grants received by the county for the support of the center.

      5.  [The] A board of county commissioners that has established a neighborhood justice center shall submit a report to the director of the legislative counsel bureau for distribution to each regular session of the legislature on or before March 1 of each odd-numbered year. The report must include a summary of the number and type of cases mediated, referred and resolved by the center during the previous biennium.


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ê1997 Statutes of Nevada, Page 2364 (Chapter 493, AB 208)ê

 

and resolved by the center during the previous biennium. The report must also contain suggestions for any necessary legislation to improve the effectiveness and efficiency of the center.

      Sec. 6.  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. 7.  This act becomes effective on July 1, 1997.

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CHAPTER 494, AB 210

Assembly Bill No. 210–Assemblymen Anderson and Humke

CHAPTER 494

AN ACT relating to criminal procedure; revising the provisions governing discovery in criminal cases; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 169 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Case in chief of the defendant” means the first opportunity of the defendant to present evidence after the close of the case in chief of the state.

      Sec. 2.  NRS 169.045 is hereby amended to read as follows:

      169.045  As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 169.055 to 169.205, inclusive, and section 1 of this act have the meaning ascribed to them in those sections.

      Sec. 3.  Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Not less than 2 judicial days before a preliminary examination, the prosecuting attorney shall provide the defendant with copies of any:

      (a) Written or recorded statements or confessions made by the defendant, or any written or recorded statements made by a witness or witnesses, or any reports of statements or confessions, or copies thereof, within the possession or custody of the prosecuting attorney;

      (b) Results or reports of physical or mental examinations, scientific tests or scientific experiments made in connection with the particular case, or copies thereof, within the possession or custody of the prosecuting attorney; and

      (c) Books, papers, documents or tangible objects that the prosecuting attorney intends to introduce in evidence during the case in chief of the state, or copies thereof, within the possession or custody of the prosecuting attorney.

      2.  The defendant is not entitled, pursuant to the provisions of this section, to the discovery or inspection of:

      (a) An internal report, document or memorandum that is prepared by or on behalf of the prosecuting attorney in connection with the investigation or prosecution of the case.


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ê1997 Statutes of Nevada, Page 2365 (Chapter 494, AB 210)ê

 

      (b) A statement, report, book, paper, document, tangible object or any other type of item or information that is privileged or protected from disclosure or inspection pursuant to the constitution or laws of this state or the Constitution of the United States.

      3.  The provisions of this section are not intended to affect any obligation placed upon the prosecuting attorney by the constitution of this state or the Constitution of the United States to disclose exculpatory evidence to the defendant.

      4.  The magistrate shall not postpone a preliminary examination at the request of a party based solely on the failure of the prosecuting attorney to permit the defendant to inspect, copy or photograph material as required in this section, unless the court finds that the defendant has been prejudiced by such failure.

      Sec. 4.  NRS 173.045 is hereby amended to read as follows:

      173.045  1.  All informations must be filed in the court having jurisdiction of the offenses specified therein, by the attorney general when acting pursuant to a specific statute or by the district attorney of the proper county as informant, and his name must be subscribed thereto by him or by his deputy.

      2.  The district attorney or the attorney general shall endorse thereon the names of such witnesses as are known to him at the time of filing the information . [, and shall also endorse upon the information the names of such other witnesses as may become known to him before the trial at such time as the court may, by rule or otherwise, prescribe; but this does not preclude the calling of witnesses whose names, or the materiality of whose testimony, are first learned by the district attorney or the attorney general upon the trial. He shall include with each name the address of the witness if known to him.] He shall not endorse the name of any witness whom he does not reasonably expect to call.

      3.  In all cases in which the defendant has not had or waived a preliminary examination there [shall] must be filed with the information the affidavit of some credible person verifying the information upon the personal knowledge of affiant that the offense was committed.

      Sec. 5.  NRS 174.087 is hereby amended to read as follows:

      174.087  1.  In addition to the written notice required by NRS 174.089, a defendant in a criminal case who intends to offer evidence of an alibi in his defense shall, not less than 10 days before trial or at such other time as the court may direct, file and serve upon the prosecuting attorney a written notice of his intention to claim the alibi. The notice must contain specific information as to the place at which the defendant claims to have been at the time of the alleged offense and, as particularly as are known to defendant or his attorney, the names and last known addresses of the witnesses by whom he proposes to establish the alibi.

      2.  Not less than 10 days after receipt of the defendant’s list of witnesses, or at such other times as the court may direct, the prosecuting attorney shall file and serve upon the defendant the names and last known addresses, as particularly as are known to the prosecuting attorney, of the witnesses the state proposes to offer in rebuttal to discredit the defendant’s alibi at the trial of the cause.


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ê1997 Statutes of Nevada, Page 2366 (Chapter 494, AB 210)ê

 

      3.  Both the defendant and the prosecuting attorney have a continuing duty to disclose promptly the names and last known addresses of additional witnesses which come to the attention of either party after filing their respective lists.

      4.  If a defendant fails to file and serve a copy of the notice required by this section, the court may exclude evidence offered by the defendant to prove an alibi, except the testimony of the defendant himself. If the notice is given by a defendant, the court may exclude the testimony of any witness offered by the defendant to prove an alibi if the name and last known address of the witness, as particularly as [is] are known to the defendant or his attorney, [is] are not stated in the notice.

      5.  If the prosecuting attorney fails to file and serve a copy on the defendant of a list of witnesses as required by this section, the court may exclude evidence offered by the state in rebuttal to the defendant’s evidence of alibi. If the list is filed and served by the prosecuting attorney, the court may exclude the testimony of any witness offered by the prosecuting attorney for the purpose of rebutting the evidence of alibi if the name and last known address of the witness, as particularly as [is] are known to the prosecuting attorney, [is] are not stated in the notice. For good cause shown the court may waive the requirements of this section.

      Sec. 6.  NRS 174.089 is hereby amended to read as follows:

      174.089  [A defendant shall:

      1.  Not later than the date on which both parties appear before the court and announce they are ready for trial or, if such an appearance is not required, not less than 5 judicial days before trial,]

      1.  Except as otherwise provided in this section, not less than 5 judicial days before trial or at such other time as the court may direct:

      (a) The defendant shall file and serve upon the prosecuting attorney a written notice containing the names and last known addresses of all [known prospective witnesses; and

      2.  If any witness] witnesses the defendant intends to call during the case in chief of the defendant; and

      (b) The prosecuting attorney shall file and serve upon the defendant a written notice containing the names and last known addresses of all witnesses the prosecuting attorney intends to call during the case in chief of the state.

      2.  If a witness that a party intends to call during the case in chief of the state or during the case in chief of the defendant is expected to offer testimony as an expert witness, the party who intends to call that witness shall file and serve upon the [prosecuting attorney] opposing party, not less than 21 days before trial or at such other time as the court may direct, a written notice containing:

      (a) A brief statement regarding the subject matter on which the expert witness is expected to testify and the substance of his testimony; [and]

      (b) A copy of the curriculum vitae of the expert witness [.

The defendant] ; and

      (c) A copy of all reports made by or at the direction of the expert witness.


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ê1997 Statutes of Nevada, Page 2367 (Chapter 494, AB 210)ê

 

      3.  After complying with the provisions of subsections 1 and 2, each party has a continuing duty to [disclose promptly] file and serve upon the opposing party:

      (a) Written notice of the names and last known addresses of any additional witnesses [which come to the attention of the defendant and to provide promptly any information required by subsection 2.] that the party intends to call during the case in chief of the state or during the case in chief of the defendant. A party shall file and serve written notice pursuant to this paragraph as soon as practicable after the party determines that he intends to call an additional witness during the case in chief of the state or during the case in chief of the defendant. The court shall prohibit an additional witness from testifying if the court determines that the party acted in bad faith by not including the witness on the written notice required pursuant to subsection 1.

      (b) Any information relating to an expert witness that is required to be disclosed pursuant to subsection 2. A party shall provide information pursuant to this paragraph as soon as practicable after the party obtains that information. The court shall prohibit the party from introducing that information in evidence or shall prohibit the expert witness from testifying if the court determines that the party acted in bad faith by not timely disclosing that information pursuant to subsection 2.

      4.  Upon a motion by either party or the witness, the court shall prohibit disclosure to the other party of the address of the witness if the court determines that disclosure of the address would create a substantial threat to the witness of bodily harm, intimidation, coercion or harassment. If the court prohibits disclosure of an address pursuant to this subsection, the court shall, upon the request of a party, provide the party or his attorney or agent with an opportunity to interview the witness in an environment that provides for protection of the witness.

      5.  In addition to the sanctions and protective orders otherwise provided in subsections 3 and 4, the court may upon the request of a party:

      (a) Order that disclosure pursuant to this section be denied, restricted or deferred pursuant to the provisions of NRS 174.275; or

      (b) Impose sanctions pursuant to subsection 2 of NRS 174.295 for the failure to comply with the provisions of this section.

      6.  A party is not entitled, pursuant to the provisions of this section, to the disclosure of the name or address of a witness or any other type of item or information that is privileged or protected from disclosure or inspection pursuant to the constitution or laws of this state or the Constitution of the United States.

      Sec. 7.  NRS 174.235 is hereby amended to read as follows:

      174.235  1.  [At] Except as otherwise provided in NRS 174.087, 174.089 and 174.235 to 174.295, inclusive, at the request of a defendant, the prosecuting attorney shall permit the defendant to inspect and to copy or photograph any : [relevant:]

      (a) Written or recorded statements or confessions made by the defendant, or any written or recorded statements made by [any witness,] a witness the prosecuting attorney intends to call during the case in chief of the state, or copies thereof, within the possession, custody or control of the state, the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney; [and]

 


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ê1997 Statutes of Nevada, Page 2368 (Chapter 494, AB 210)ê

 

existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney; [and]

      (b) Results or reports of physical or mental examinations, [and of] scientific tests or scientific experiments made in connection with the particular case, or copies thereof, within the possession, custody or control of the state, the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney [.

      2.  At the request of the prosecuting attorney, the defendant shall permit the prosecuting attorney to inspect and copy or photograph any relevant:

      (a) Written or recorded statements made by any witness, or copies thereof, within the possession, custody or control of the defendant, the existence of which is known, or by the exercise of due diligence may become known, to the defendant; and

      (b) Results or reports of physical or mental examinations, and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession, custody or control of the defendant, the existence of which is known, or by the exercise of due diligence may become known, to the defendant.] ; and

      (c) Books, papers, documents, tangible objects, or copies thereof, that the prosecuting attorney intends to introduce during the case in chief of the state and which are within the possession, custody or control of the state, the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney.

      2.  The defendant is not entitled, pursuant to the provisions of this section, to the discovery or inspection of:

      (a) An internal report, document or memorandum that is prepared by or on behalf of the prosecuting attorney in connection with the investigation or prosecution of the case.

      (b) A statement, report, book, paper, document, tangible object or any other type of item or information that is privileged or protected from disclosure or inspection pursuant to the constitution or laws of this state or the Constitution of the United States.

      3.  The provisions of this section are not intended to affect any obligation placed upon the prosecuting attorney by the constitution of this state or the Constitution of the United States to disclose exculpatory evidence to the defendant.

      Sec. 8.  NRS 174.245 is hereby amended to read as follows:

      174.245  1.  [At the request of a defendant, the prosecuting attorney shall permit the defendant to inspect and copy or photograph books, papers, documents, tangible objects, buildings or places, or copies or portions thereof, which are within the possession, custody or control of the state. Except as otherwise provided in NRS 174.087 and paragraph (b) of subsection 1 of NRS 174.235, this subsection does not authorize the discovery or inspection of reports, memoranda or other internal state documents made by state agents in connection with the investigation or prosecution of the case, or of statements made by state witnesses or prospective state witnesses, other than the defendant, to agents of the state.

      2.  At] Except as otherwise provided in NRS 174.087, 174.089 and 174.235 to 174.295, inclusive, at the request of the prosecuting attorney, the defendant shall permit the prosecuting attorney to inspect and to copy or photograph [books, papers, documents, tangible objects, buildings or places, or copies or portions thereof, which are within his possession, custody or control.


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ê1997 Statutes of Nevada, Page 2369 (Chapter 494, AB 210)ê

 

the defendant shall permit the prosecuting attorney to inspect and to copy or photograph [books, papers, documents, tangible objects, buildings or places, or copies or portions thereof, which are within his possession, custody or control. This subsection does not authorize the discovery or inspection of reports, memoranda or other internal defense documents made by the defendant, or his attorneys or agents in connection with the investigation or defense of the case, or of statements made by the defendant, or by state or defense witnesses, or by prospective state or defense witnesses, to the defendant, his agents or attorneys.] any:

      (a)Written or recorded statements made by a witness the defendant intends to call during the case in chief of the defendant, or copies thereof, within the possession, custody or control of the defendant, the existence of which is known, or by the exercise of due diligence may become known, to the defendant;

      (b)Results or reports of physical or mental examinations, scientific tests or scientific experiments that the defendant intends to introduce in evidence during the case in chief of the defendant, or copies thereof, within the possession, custody or control of the defendant, the existence of which is known, or by the exercise of due diligence may become known, to the defendant; and

      (c) Books, papers, documents or tangible objects that the defendant intends to introduce in evidence during the case in chief of the defendant, or copies thereof, within the possession, custody or control of the defendant, the existence of which is known, or by the exercise of due diligence may become known, to the defendant.

      2.  The prosecuting attorney is not entitled, pursuant to the provisions of this section, to the discovery or inspection of:

      (a) An internal report, document or memorandum that is prepared by or on behalf of the defendant or his attorney in connection with the investigation or defense of the case.

      (b) A statement, report, book, paper, document, tangible object or any other type of item or information that is privileged or protected from disclosure or inspection pursuant to the constitution or laws of this state or the Constitution of the United States.

      Sec. 9.  NRS 174.275 is hereby amended to read as follows:

      174.275  Upon a sufficient showing , the court may at any time order that [the] discovery or inspection pursuant to NRS 174.089 or 174.235 to 174.295, inclusive, be denied, restricted or deferred, or make such other order as is appropriate. Upon motion by the defendant or prosecuting attorney, the court may permit the defendant or prosecuting attorney to make such showing, in whole or in part, in the form of a written statement to be inspected by the court in chambers. If the court enters an order granting relief following a showing in chambers, the entire text of the written statement must be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal.

      Sec. 10.  NRS 174.285 is hereby amended to read as follows:

      174.285  1.  A request made pursuant to NRS 174.235 [to 174.295, inclusive,] or 174.245 may be made only within [10] 30 days after arraignment or at such reasonable later time as the court may permit. A subsequent request may be made only upon a showing of cause why the request would be in the interest of justice.


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ê1997 Statutes of Nevada, Page 2370 (Chapter 494, AB 210)ê

 

subsequent request may be made only upon a showing of cause why the request would be in the interest of justice.

      2.  A party shall comply with a request made pursuant to NRS 174.235 or 174.245 not less than 30 days before trial or at such reasonable later time as the court may permit.

      Sec. 11.  NRS 174.295 is hereby amended to read as follows:

      174.295  1.  If, after complying with the provisions of NRS 174.235 to 174.295, inclusive, and before or during trial, a party discovers additional material previously requested which is subject to discovery or inspection under those sections, he shall promptly notify the other party or his attorney or the court of the existence of the additional material.

      2.  If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with [those sections,] the provisions of NRS 174.089 or 174.235 to 174.295, inclusive, the court may order the party to permit the discovery or inspection of materials not previously disclosed, grant a continuance, or prohibit the party from introducing in evidence the material not disclosed, or it may enter such other order as it deems just under the circumstances.

      Sec. 12.  This act becomes effective upon passage and approval.

________

 

CHAPTER 495, AB 211

Assembly Bill No. 211–Assemblymen Williams, Arberry, Herrera, Freeman, Ohrenschall, Bache, Carpenter, Amodei, Krenzer, Cegavske, Mortenson, Berman, Collins, Sandoval, Anderson, de Braga, Manendo, Tiffany, Ernaut, Goldwater, Perkins, Chowning, Buckley, Giunchigliani, Von Tobel, Hickey, Neighbors, Segerblom, Evans, Nolan, Price, Humke, Koivisto, Parks, Lambert, Lee, Dini and Braunlin

CHAPTER 495

AN ACT relating to financial services; requiring the registration of persons who provide check-cashing and deferred deposit services; requiring the commissioner of financial institutions to adopt regulations governing those persons; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Title 52 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 16, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 3.  “Cashing” means providing currency or a negotiable instrument in exchange for a check.


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ê1997 Statutes of Nevada, Page 2371 (Chapter 495, AB 211)ê

 

      Sec. 4.  “Check” means a check, draft or money order, but does not include a traveler’s check or an instrument of payment drawn on a foreign account in foreign money.

      Sec. 5.  “Check-cashing service” means any person engaged in the business of cashing checks for a fee, service charge or other consideration.

      Sec. 5.5.  “Commissioner” means the commissioner of financial institutions.

      Sec. 6.  “Deferred deposit” means a transaction in which, pursuant to a written agreement:

      1.  A customer tenders to a person a personal check drawn upon the account of the customer; and

      2.  The person:

      (a) Provides to the customer an amount of money that is equal to the face value of the check, less any fee charged for the transaction; and

      (b) Agrees not to cash the check for a specified period.

      Sec. 7.  “Deferred deposit service” means any person engaged in the business of deferring deposits for a fee, service charge or other consideration.

      Sec. 8.  “Registrant” means a person who has been issued a certificate of registration to operate a check-cashing or deferred deposit service pursuant to this chapter.

      Sec. 8.5.  1.  The commissioner may establish by regulation:

      (a) The fees that may be imposed by a check-cashing or deferred deposit service for cashing checks or entering into a deferred deposit transaction; and

      (b) The penalties that may be imposed by the commissioner for a violation of the provisions of this chapter or the regulations adopted pursuant thereto.

      2.  The commissioner shall adopt such other regulations as are necessary to carry out the provisions of this chapter.

      Sec. 9.  1.  Except as otherwise provided in subsection 2, it is unlawful to operate a check-cashing or deferred deposit service without being registered with the commissioner.

      2.  The provisions of this chapter do not apply to:

      (a) A person doing business pursuant to the authority of any law of this state or of the United States relating to banks, savings banks, trust companies, savings and loan associations, credit unions, development corporations, mortgage companies, thrift companies, pawnbrokers or insurance companies.

      (b) A person licensed to make installment loans pursuant to chapter 675 of NRS.

      (c) A person who is primarily engaged in the retail sale of goods or services who:

             (1) As an incident to or independently of a retail sale or service from time to time cashes checks for a fee or other consideration of not more than $2; and

             (2) Does not hold himself out as a check-cashing service.


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ê1997 Statutes of Nevada, Page 2372 (Chapter 495, AB 211)ê

 

      (d) A person while performing any act authorized by a license issued pursuant to chapter 671 of NRS.

      (e) A person who holds a nonrestricted gaming license issued pursuant to chapter 463 of NRS while performing any act in the course of that licensed operation.

      (f) A person who is exclusively engaged in a check-cashing service relating to out-of-state checks.

      (g) A corporation organized pursuant to the laws of this state that has been continuously and exclusively engaged in a check-cashing service in this state since July 1, 1973.

      Sec. 10.  1.  An application for registration pursuant to this chapter must be made in writing, under oath and on a form prescribed by the commissioner. The application must include:

      (a) If the applicant is a natural person, the name and address of the applicant.

      (b) If the applicant is a business entity, the name and address of each:

             (1) Partner:

             (2) Officer;

             (3) Director;

             (4) Manager or member who acts in a managerial capacity; and

             (5) Registered agent,

of the business entity.

      (c) Such other information concerning the financial responsibility, background, experience and activities of the applicant and its:

             (1) Partners;

             (2) Officers;

             (3) Directors; and

             (4) Managers or members who act in a managerial capacity,

as the commissioner determines is necessary.

      (d) The address of each location at which the applicant proposes to do business.

      (e) If the applicant intends to provide deferred deposit services in addition to check-cashing services, a statement of that intent.

      2.  Each application for registration must be accompanied by a nonrefundable registration fee of $250.

      Sec. 11.  1.  Except as otherwise provided in section 12 of this act, each application for registration must be accompanied by a surety bond payable to the State of Nevada in the amount of $50,000 for the use and benefit of any customer receiving the registrant’s check-cashing or deferred deposit service.

      2.  The bond must be in a form satisfactory to the commissioner, issued by a bonding company authorized to do business in this state and must secure the faithful performance of the obligations of the registrant respecting the provision of the check-cashing or deferred deposit service.

      3.  A registrant shall, within 10 days after the commencement of any action or notice of entry of any judgment against him by any creditor or claimant arising out of business regulated by this chapter, give notice thereof to the commissioner by certified mail with details sufficient to identify the action or judgment.


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ê1997 Statutes of Nevada, Page 2373 (Chapter 495, AB 211)ê

 

thereof to the commissioner by certified mail with details sufficient to identify the action or judgment. The surety shall, within 10 days after it pays any claim or judgment to a creditor or claimant, give notice thereof to the commissioner by certified mail with details sufficient to identify the creditor or claimant and the claim or judgment so paid.

      4.  Whenever the principal sum of the bond is reduced by recoveries or payments thereon, the registrant shall furnish:

      (a) A new or additional bond so that the total or aggregate principal sum of the bonds equals the sum required pursuant to subsection 1; or

      (b) An endorsement, duly executed by the surety, reinstating the bond to the required principal sum.

      5.  The liability of the surety on the bond to a creditor or claimant is not affected by any misrepresentation, breach of warranty, failure to pay a premium or other act or omission of the registrant, or by any insolvency or bankruptcy of the registrant.

      6.  The liability of the surety continues as to all transactions entered into in good faith by the creditors and claimants with the registrant’s agents within 30 days after:

      (a) The registrant’s death or the dissolution or liquidation of his business; or

      (b) The termination of the bond,

whichever event occurs first.

      7.  A registrant or his surety shall not cancel or alter a bond except after notice to the commissioner by certified mail. The cancellation or alteration is not effective until 10 days after receipt of the notice by the commissioner. A cancellation or alteration does not affect any liability incurred or accrued on the bond before the expiration of the 30-day period designated in subsection 6.

      Sec. 12.  1.  In lieu of any surety bond, or any portion of the principal sum thereof as required by this chapter, a registrant may deposit with the state treasurer or with any bank or trust company authorized to do business in this state as the registrant may select, with the approval of the commissioner:

      (a) Interest-bearing stocks;

      (b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or

      (c) Any obligation of this state or any city, county, town, township, school district or other instrumentality of this state or guaranteed by this state,

in an aggregate amount of, based upon principal amount or market value, whichever is lower, of not less than the amount of the required surety bond or portion thereof.

      2.  The securities must be held to secure the same obligation as would the surety bond, but the depositor may receive any interest or dividends and, with the approval of the commissioner, substitute other suitable securities for those deposited.


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ê1997 Statutes of Nevada, Page 2374 (Chapter 495, AB 211)ê

 

      Sec. 13.  1.  The commissioner shall issue to each registrant a certificate of registration in such form and size as is prescribed by the commissioner for each location at which the registrant proposes to do business. Each certificate of registration must show the name and address of the registrant.

      2.  Each registrant shall prominently display his certificate of registration at the location where he does business.

      Sec. 14.  1.  A certificate of registration issued pursuant to this chapter expires annually on the anniversary of the issuance of the certificate. A registrant must renew his certificate of registration on or before the date on which the certificate expires by paying a renewal fee of $250 and an additional fee of $50 for each branch location at which the registrant is authorized to operate under the certificate of registration.

      2.  For the purposes of section 9 of this act, a registrant who fails to renew his certificate of registration within the time required by this section is not registered pursuant to this chapter.

      Sec. 15.  1.  A registrant shall immediately notify the commissioner of any change of control of the registrant.

      2.  A person who acquires stock, partnership or member interests resulting in a change of control of the registrant shall apply to the commissioner for approval of the transfer. The application must contain information which shows that the requirements of this chapter for obtaining a certificate of registration will be satisfied after the change of control. If the commissioner determines that those requirements will not be satisfied, he may deny the application and forbid the applicant from participating in the business of the registrant.

      3.  As used in this section, “change of control” means:

      (a) A transfer of voting stock, partnership or member interests which results in giving a person, directly or indirectly, the power to direct the management and policy of a registrant; or

      (b) A transfer of at least 25 percent of the outstanding voting stock, partnership or member interests of the licensee.

      Sec. 16.  A registrant shall:

      1.  Post in a conspicuous place in every location at which he conducts business under his certificate of registration a notice that states the fees charged for cashing checks or entering into a deferred deposit transaction.

      2.  Give written notice to each customer of the fees charged for cashing checks or entering into a deferred deposit transaction. The notice must be signed by the customer before any such services are provided.

      Sec. 16.5.  The commissioner of financial institutions shall adopt the regulations required by subsection 2 of section 8.5 of this act not later than July 1, 1998.

      Sec. 17.  The provisions of this act do not apply to offenses that are committed before July 1, 1998.

      Sec. 18.  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.


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ê1997 Statutes of Nevada, Page 2375 (Chapter 495, AB 211)ê

 

      Sec. 19.  This act becomes effective upon passage and approval, for the purpose of adopting the regulations necessary to carry out the provisions of this act, and on July 1, 1998, for all other purposes.

________

 

CHAPTER 496, AB 616

Assembly Bill No. 616–Committee On Government Affairs

CHAPTER 496

AN ACT relating to taxation; creating the Tahoe-Douglas Visitor’s Authority; imposing a separate tax on lodging within the Tahoe Township in Douglas County; excluding that area from the operation of the Douglas County Lodgers Tax Law; making various changes to the Douglas County Lodgers Tax Law; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  This act may be cited as the Tahoe-Douglas Visitor’s Authority Act.

      Sec. 2.  The legislature hereby finds and declares that:

      1.  The necessity for this act results from:

      (a) The declining revenues generated by tourism in the Tahoe Township of Douglas County;

      (b) The geographical location of the township on the border of the densely populated State of California;

      (c) The natural attractions of the township and its availability to tourists; and

      (d) The atypical financial problems of the township resulting from the foregoing and other singular factors.

      2.  A general law cannot be made applicable to the purposes, objects, powers, rights, privileges, immunities, liabilities, duties and disabilities provided in this act because of the number of atypical factors and special conditions relating thereto.

      3.  The powers, rights, privileges, immunities, liabilities, duties and disabilities provided in this act comply in all respects with any requirement or limitation pertaining thereto and imposed by any constitutional provisions.

      Sec. 3.  Except as otherwise provided in this act or unless the context otherwise requires, terms used or referred to in this act have the meanings ascribed to them in the Local Government Securities Law, but the definitions in sections 4 to 18, inclusive, of this act, unless the context otherwise requires, govern the construction of this act and of the local Government Securities Law as applied to the township.

      Sec. 4.  “Authority” means the Tahoe-Douglas Visitor’s Authority.

      Sec. 5.  “County” or “municipality” means Douglas County.

      Sec. 6.  “Governing body” means the board of county commissioners of Douglas County.


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ê1997 Statutes of Nevada, Page 2376 (Chapter 496, AB 616)ê

 

      Sec. 7.  “Gross taxable rent” means the total amount of rent paid for lodging, including any associated charges that are normally included in the rent.

      Sec. 8.  “Lodging” means the transaction of furnishing rooms or other accommodations by a vendor to a vendee who for a rent uses, possesses or has the right to use or possess any room or rooms or other units of accommodations in or at taxable premises.

      Sec. 9.  “Lodgings” means the rooms or other accommodations furnished by a vendor to a vendee by the taxable service of lodging.

      Sec. 10.  “Municipal” pertains to the county.

      Sec. 11.  “Occupancy tax” means the tax on lodging imposed by this act.

      Sec. 12.  “Pledged revenues” means the money designated by the governing body on behalf and in the name of the municipality in any bond ordinance or other proceeding pertaining to the issuance of municipal securities relating to a project which is derived by a municipality from any proceeds of any municipal occupancy tax levied under the Douglas County Lodgers Tax Law.

      Sec. 13.  “Property” means real property, personal property, mixed property or any other property or combination thereof.

      Sec. 14.  “Rent” means the consideration received by a vendor in money, credits, property or other consideration valued in money for lodgings subject to an occupancy tax authorized in this act.

      Sec. 15.  “Taxable premises” means any:

      1.  Hotel;

      2.  Motel;

      3.  Apartment;

      4.  Time-share project, except when an owner of a unit in the time-share project who has a right to use or occupy the unit is occupying the unit pursuant to a time-share instrument as defined in NRS 119A.150;

      5.  Apartment hotel;

      6.  Vacation trailer park;

      7.  Campground;

      8.  Park for recreational vehicles; or

      9.  Other establishment that rents rooms or spaces to temporary or transient guests.

      Sec. 16.  “Township” means the portion of Douglas County lying within the Tahoe Township, as the boundaries of that township existed on July 1, 1997.

      Sec. 17.  “Vendee” means a natural person to whom lodgings are furnished in the performance of the taxable service of lodging.

      Sec. 18.  “Vendor” means a person furnishing lodgings in the performance of the taxable service of lodging.

      Sec. 19.  1.  An occupancy tax of 1 percent is hereby imposed on vendors furnishing lodgings in the township. The governing body shall administer the tax.

      2.  Every vendor who furnishes any lodgings within the township is exercising a taxable privilege.


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ê1997 Statutes of Nevada, Page 2377 (Chapter 496, AB 616)ê

 

      3.  A vendor is not exempt from the occupancy tax because the taxable premises are at any time located in a political subdivision other than the municipality.

      Sec. 20.  1.  The Tahoe-Douglas Visitor’s Authority, consisting of five members, is hereby created.

      2.  The authority consists of:

      (a) One member appointed by the board of county commissioners from among their number; and

      (b) Four members who are representatives of the association of gaming establishments whose members collectively paid the largest amount of license fees to the state pursuant to NRS 463.370 in the county in the preceding year, chosen by the board from a list of nominees submitted by the association. If there is no such association, the four members so appointed must be representatives of gaming licensees.

Each member of the authority must be a resident of the county.

      3.  The terms of members appointed pursuant to paragraph (b) of subsection 1 are 4 years. Each member appointed pursuant to paragraph (b) of subsection 1 may succeed himself only twice.

      4.  If a member ceases to be engaged in the business or occupation which he was appointed to represent, he ceases to be a member, and another person engaged in that business or occupation must be appointed for the unexpired term.

      Sec. 21.  1.  The municipality may provide that the occupancy tax does not apply:

      (a) If a vendee:

             (1) Has been a permanent resident of the taxable premises for a period of a least 28 consecutive days; or

             (2) Enters into or has entered into a written agreement for lodgings at the taxable premises for a period of at least 28 consecutive days;

      (b) If the rent paid by a vendee is less than $2 a day;

      (c) To lodgings at religious, charitable, educational or philanthropic institutions, including accommodations at summer camps operated by such institutions;

      (d) To clinics, hospitals or other medical facilities;

      (e) To privately owned and operated convalescent homes or homes for the aged, infirm, indigent or chronically ill;

      (f) If the taxable premises does not have at least three rooms or three other units of accommodations for lodging; or

      (g) To all or any combination of events or conditions provided in paragraphs (a) to (f), inclusive.

      2.  The occupancy tax does not apply to:

      (a) Lodgings at institutions of the Federal Government, the state, the municipality or any other public body.

      (b) The rental of any lodgings by an employee of the Federal Government, the state or a political subdivision of the state, if the transaction is conducted directly with the governmental entity pursuant to a governmental credit card or a contract, purchase order or similar document executed or authorized by an appropriate official of the governmental entity.


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ê1997 Statutes of Nevada, Page 2378 (Chapter 496, AB 616)ê

 

      Sec. 22.  1.  Every vendor providing lodging in the township shall collect the tax and shall act as a trustee therefor.

      2.  Every vendor providing lodging in the township shall remit the proceeds of the occupancy tax to the governing body.

      3.  The tax must be charged separately from the rent fixed by the vendor for the lodgings.

      Sec. 23.  1.  The governing body may provide by ordinance that:

      (a) The payment of the occupancy tax pertaining to any lodgings is secured by a lien on the real property at the taxable premises where the lodgings are located;

      (b) Any such lien securing the payment of a delinquent occupancy tax may be enforced in the same manner as liens for general taxes ad valorem on real property; and

      (c) A vendor is liable for the payment of the proceeds of any occupancy tax which pertains to the vendor’s taxable premises and which the vendor failed to remit to the municipality, because of his failure to collect the tax or otherwise.

      2.  The governing body may provide for a civil penalty for any such failure in an amount of not more than 10 percent of the amount which was not remitted to the municipality but not less than $10.

      3.  The municipality may bring an action in the district court for the collection of any amounts due, including, without limitation, penalties thereon, interest on the unpaid principal at a rate not exceeding 1 percent per month, the costs of collection and reasonable attorney’s fees incurred in connection therewith, except for any tax being collected by the enforcement of a lien pursuant to subsection 1.

      Sec. 24.  The governing body may provide by ordinance for penalties not to exceed 90 days’ imprisonment or a $300 fine for a failure by any person to pay the tax, to remit the proceeds thereof to the municipality or to account properly for any lodging and the tax proceeds pertaining thereto.

      Sec. 25.  The governing body may provide by ordinance, except as limited by or otherwise provided in this act:

      1.  A procedure for licensing each vendor and for refusing to license a vendor after an opportunity has been given to the vendor for a public hearing by the governing body concerning the issuance of the license;

      2.  The times, place and method for the payment of the tax to the municipality, the account and other records to be maintained in connection therewith, a procedure for making refunds and resolving disputes relating to the tax, including exemptions pertaining thereto, the preservation and destruction of records and their inspection and investigation, and, subject to the provisions of subsection 1 of section 23 of this act, a procedure of liens and sales to satisfy such liens; and

      3.  Other rights, privileges, powers and immunities and other details relating to any licenses, the collection of the occupancy tax and the remittance of the proceeds thereof to the municipality.

      Sec. 26.  1.  A portion of the proceeds of the occupancy tax, not to exceed 1 percent of the amount collected, may be used to collect and administer the tax.


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ê1997 Statutes of Nevada, Page 2379 (Chapter 496, AB 616)ê

 

      2.  The remaining proceeds of the occupancy tax must be remitted to the authority and used exclusively for:

      (a) The advertising, publicizing and promotion of tourism and recreation; and

      (b) The planning, construction and operation of a convention center in the township.

      Sec. 27.  Section 19 of this act is hereby amended to read as follows:

       Sec. 19.  1.  An occupancy tax of [1] 8 percent is hereby imposed on vendors furnishing lodgings in the township. The governing body shall administer the tax.

       2.  Every vendor who furnishes any lodgings within the township is exercising a taxable privilege.

       3.  A vendor is not exempt from the occupancy tax because the taxable premises are at any time located in a political subdivision other than the municipality.

      Sec. 28.  Section 26 of this act is hereby amended to read as follows:

       Sec. 26.  1.  From the proceeds of the occupancy tax paid by vendors located in the township, the governing body shall:

       (a) Pay the principal of, interest on and any prior redemption premiums due in connection with any securities issued by the county pursuant to the Douglas County Lodgers Tax Law which were secured with the proceeds of the occupancy tax collected pursuant to the Douglas County Lodgers Tax Law.

       (b) After allocation of those proceeds pursuant to paragraph (a), pay any obligations incurred before July 1, 1997, pursuant to any contractual agreements between the governing body and the Lake Tahoe Visitor’s Authority.

       2.  A portion of the proceeds of the occupancy tax [,] paid by vendors located in the township, not to exceed 1 percent of the amount collected, may be used to collect and administer the tax.

       [2.  The remaining]

       3.  One-eighth of the proceeds of the occupancy tax paid by vendors located in the township must be remitted to the authority . [and]

       4.  After allocation pursuant to subsections 1, 2 and 3 of the proceeds of the occupancy tax paid by vendors located in the township, the remaining proceeds must be allocated as follows:

       (a) Except as otherwise provided in paragraph (b), for each fiscal year beginning on or after July 1, 1999, 50 percent of those proceeds must be retained by the governing body for expenditure in any manner authorized for the expenditure of the proceeds of a tax imposed pursuant to the Douglas County Lodgers Tax Law and 50 percent of those proceeds must be remitted to the authority.

       (b) Except as otherwise provided in paragraph (c), for each fiscal year beginning on or after July 1, 2000, the governing body shall revise the allocation required pursuant to this subsection in such a manner that the amount of those proceeds retained by the governing body is reduced, and the amount remitted to the authority is increased, from the amounts for the prior fiscal year by not less than 2 percent and not more than 5 percent of the total amount of the proceeds allocated pursuant to this subsection, until the amount retained by the governing body for each fiscal year equals 35 percent of those proceeds and the amount remitted to the authority for each fiscal year equals 65 percent of those proceeds.


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ê1997 Statutes of Nevada, Page 2380 (Chapter 496, AB 616)ê

 

and not more than 5 percent of the total amount of the proceeds allocated pursuant to this subsection, until the amount retained by the governing body for each fiscal year equals 35 percent of those proceeds and the amount remitted to the authority for each fiscal year equals 65 percent of those proceeds.

       (c) The governing body may, for not more than one of the fiscal years beginning on or after July 1, 2000, elect not to make a revision otherwise required pursuant to paragraph (b).

       5.  The proceeds remitted to the authority pursuant to subsections 3 and 4 must be used exclusively for:

       (a) The advertising, publicizing and promotion of tourism and recreation; and

       (b) The planning, construction and operation of a convention center in the township.

      Sec. 29.  Section 13 of the Douglas County Lodgers Tax Law, being chapter 639, Statutes of Nevada 1969, at page 1251, is hereby amended to read as follows:

       Sec. 13.  “Gross taxable rent” defined.  “Gross taxable rent” means the total amount of rent paid for lodging [.] , including any associated charges that are normally included in the rent.

      Sec. 30.  Section 23 of the Douglas County Lodgers Tax Law, being chapter 639, Statutes of Nevada 1969, at page 1252, is hereby amended to read as follows:

       Sec. 23.  “Recreational facilities” defined.  “Recreational facilities” means beach facilities, wharves, docking accommodations, marinas, jetties, breakwaters, shelters, other boating facilities, playgrounds, swimming pools, golf courses, tennis courts, squash courts, other courts, ball fields, other athletic fields, tracks, racecourses, playgrounds, parks, including without limitation graded, regraded, [gravelled,] graveled, surfaced, drained, cultivated and otherwise improved sites therefor, greenhouses, bandstand and orchestra facilities, golf house facilities, club houses, horseshoe pits, ball fields, swings, slides, other playground equipment, stadiums, fieldhouses, rinks, gymnasiums, appurtenant shower, locker and other bathhouse facilities, amusement halls, dance halls, auditoriums, arenas, theaters, concert halls, museums, exposition buildings, convention centers, conference grounds, hiking, riding and similar trails, aviaries, aquariums, zoological gardens, biological gardens and vivariums , [(] or any combination thereof , [)] of the county.

      Sec. 31.  Section 25 of the Douglas County Lodgers Tax Law, being chapter 639, Statutes of Nevada 1969, at page 1253, is hereby amended to read as follows:

       Sec. 25.  “Taxable premises” defined.  “Taxable premises” means [a hotel, apartment, apartment hotel, apartment house, lodge, lodging house, rooming house, guest house, motor hotel, guest house, guest ranch, ranch resort, guest resort, mobile home, motor court, auto court, auto camp, trailer court, trailer camp, trailer park, tourist camp, cabin or other premises used for lodging.] any:


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ê1997 Statutes of Nevada, Page 2381 (Chapter 496, AB 616)ê

 

       1.  Hotel;

       2.  Motel;

       3.  Apartment;

       4.  Time-share project, except when an owner of a unit in the time-share project who has a right to use or occupy the unit is occupying the unit pursuant to a time-share instrument as defined in NRS 119A.150;

       5.  Apartment hotel;

       6.  Vacation trailer park;

       7.  Campground;

       8.  Park for recreational vehicles; or

       9.  Other establishment that rents rooms or spaces to temporary or transient guests.

      Sec. 32.  Section 28 of the Douglas County Lodgers Tax Law, being chapter 639, Statutes of Nevada 1969, as amended by chapter 237, Statutes of Nevada 1987, at page 521, is hereby amended to read as follows:

       Sec. 28.  Authorization of tax.

       1.  The municipality may impose an occupancy tax for revenues by ordinance on lodging within the municipality.

       2.  The occupancy tax shall not exceed 7 percent of the gross taxable rent. Any amount in excess of 5 percent must be used exclusively for advertising, publicizing and promoting tourism and the recreational facilities . [for the attraction of tourists and vacationers to the county.]

       3.  Every vendor who is furnishing any lodgings within the municipality is exercising a taxable privilege.

       4.  A vendor is not exempt from the occupancy tax because the taxable premises are at any time located in [an incorporated city, incorporated town or other public body,] a political subdivision other than the municipality.

      Sec. 33.  Section 28 of the Douglas County Lodgers Tax Law, being chapter 639, Statutes of Nevada 1969, as last amended by section 32 of this act, is hereby amended to read as follows:

       Sec. 28.  Authorization of tax.

       1.  The municipality may impose an occupancy tax for revenues by ordinance on lodging within the [municipality.] portion of the county lying outside the Tahoe Township, as the boundaries of that township existed on July 1, 1997.

       2.  The occupancy tax shall not exceed [7] 8 percent of the gross taxable rent. Any amount in excess of 5 percent must be used exclusively for advertising, publicizing and promoting tourism and the recreational facilities.

       3.  Every vendor who is furnishing any lodgings within the municipality is exercising a taxable privilege.

       4.  A vendor is not exempt from the occupancy tax because the taxable premises are at any time located in a political subdivision other than the municipality.


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ê1997 Statutes of Nevada, Page 2382 (Chapter 496, AB 616)ê

 

      Sec. 34.  Section 29 of the Douglas County Lodgers Tax Law, being chapter 639, Statutes of Nevada 1969, at page 1253, is hereby amended to read as follows:

       Sec. 29.  Exemptions.

       1.  The municipality may provide that the occupancy tax [shall] does not apply:

       (a) If a vendee:

             (1) Has been a permanent resident of the taxable premises for a period of at least 28 consecutive days; or

             (2) Enters into or has entered into a written agreement for lodgings at the taxable premises for a period of at least 28 consecutive days; [or]

       (b) If the rent paid by a vendee is less than $2 a day;

       (c) To [lodging accommodations] lodgings at religious, charitable, educational [,] or philanthropic institutions, including without limitation such accommodations at summer camps operated by such institutions;

       (d) To clinics, hospitals or other medical facilities;

       (e) To privately owned and operated convalescent homes or homes for the aged, infirm, indigent or chronically ill;

       (f) If the taxable premises does not have at least three rooms or three other units of accommodations for lodging; or

       (g) To all or any combination of events or conditions provided in paragraphs (a) to (f), inclusive.

       2.  The occupancy tax [shall] does not apply to [lodgings] :

       (a) Lodgings at institutions of the Federal Government, the state, the municipality or any other public body.

       (b) The rental of any lodgings by an employee of the Federal Government, the state or a political subdivision of the state, if the transaction is conducted directly with the governmental entity pursuant to a governmental credit card or a contract, purchase order or similar document executed or authorized by an appropriate official of the governmental entity.

      Sec. 35.  Section 34 of the Douglas County Lodgers Tax Law, being chapter 639, Statutes of Nevada 1969, as last amended by chapter 237, Statutes of Nevada 1987, at page 522, is hereby amended to read as follows:

       Sec. 34.  Use of tax proceeds.

       1.  Subject to the provisions of sections 28 and 35 of this act, the municipality may use the proceeds of its occupancy tax, if any, at any time or from time to time, as the governing body may determine, but subject to any contractual limitations pertaining to such tax proceeds, to defray costs of:

       (a) The collection and other administration of the occupancy tax;

       (b) The planning, establishment, acquisition, improvement, equipment, repair, operation and maintenance, or any combination thereof, of:

             (1) Municipal airport facilities;


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

ê1997 Statutes of Nevada, Page 2383 (Chapter 496, AB 616)ê

 

             (2) Municipal recreational facilities; or

             (3) Combined facilities;

       (c) The acquisition, improvement, repair, operation, maintenance and disposal, or any combination thereof, of property for such airport facilities, such recreational facilities, or such combined facilities or appurtenant or incidental thereto, including without limitation sites, buildings, fixtures, other structures, other improvements and equipment therefor;

       (d) Reasonably advertising, publicizing and promoting tourism and the recreational facilities ; [for the attraction of tourists and vacationists to the county;] or

       (e) All or any combination of the foregoing purposes or transactions stated in this subsection.

       2.  Except as may be otherwise provided in any ordinance or other proceedings authorizing the issuance of or otherwise pertaining to outstanding municipal airport bonds or other outstanding municipal airport securities, the proceeds of the municipal occupancy tax may be held in a reserve account or reserve accounts as the governing body may determine for use subsequently for any one, all or any combination of the purposes or transactions stated in subsection 1.

      Sec. 36.  1.  From the proceeds of the occupancy tax imposed pursuant to the Douglas County Lodgers Tax Law paid by vendors located in the Tahoe Township of Douglas County, the board of county commissioners of Douglas County shall remit to the Tahoe-Douglas Visitor’s Authority, for the fiscal year beginning on July 1, 1998, not less than the same percentage of those proceeds as it remits to the Tahoe-Douglas Visitor’s Authority for the fiscal year beginning on July 1, 1997.

      2.  As used in this section, “vendor” has the meaning ascribed to it in section 27 of the Douglas County Lodgers Tax Law.

      Sec. 37.  1.  This section and sections 1 to 18, inclusive, 20, 21, 23 to 26, inclusive, and 36 of this act become effective upon passage and approval.

      2.  Sections 19, 22, 29 to 32, inclusive, 34 and 35 of this act become effective on October 1, 1997.

      3.  Sections 27, 28 and 33 of this act become effective on July 1, 1999.

________

 


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ê1997 Statutes of Nevada, Page 2384ê

 

CHAPTER 497, AB 214

Assembly Bill No. 214–Committee on Government Affairs

CHAPTER 497

AN ACT relating to public records; limiting the amount of a fee that a governmental entity may charge for providing a copy of a public record in certain circumstances; authorizing a governmental entity to charge an additional fee or waive a fee for a copy of a public record in certain circumstances; requiring a governmental entity to post a notice or make available a list of the fees it charges to provide a copy of a public record; requiring a governmental entity to provide a copy of a public record in the medium requested; establishing a study to determine the effect of certain provisions of this act on governmental entities; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 239 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  Except as otherwise provided in this subsection, a governmental entity may charge a fee for providing a copy of a public record. Such a fee must not exceed the actual cost to the governmental entity to provide the copy of the public record unless a specific statute or regulation sets a fee that the governmental entity must charge for the copy. A governmental entity shall not charge a fee for providing a copy of a public record if a specific statute or regulation requires the governmental entity to provide the copy without charge.

      2.  A governmental entity may waive all or a portion of a charge or fee for a copy of a public record if the governmental entity:

      (a) Adopts a written policy to waive all or a portion of a charge or fee for a copy of a public record; and

      (b) Posts, in a conspicuous place at each office in which the governmental entity provides copies of public records, a legible sign or notice that states the terms of the policy.

      3.  A governmental entity shall prepare and maintain a list of the fees that it charges at each office in which the governmental entity provides copies of public records. A governmental entity shall post, in a conspicuous place at each office in which the governmental entity provides copies of public records, a legible sign or notice which states:

      (a) The fee that the governmental entity charges to provide a copy of a public record; or

      (b) The location at which a list of each fee that the governmental entity charges to provide a copy of a public record may be obtained.

      Sec. 3.  1.  Except as otherwise provided in section 4 of this act regarding information provided from a geographic information system, if a request for a copy of a public record would require a governmental entity to make extraordinary use of its personnel or technological resources, the governmental entity may, in addition to any other fee authorized pursuant to this chapter, charge a fee for such extraordinary use. Upon receiving such a request, the governmental entity shall inform the requester of the amount of the fee before preparing the requested information.


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ê1997 Statutes of Nevada, Page 2385 (Chapter 497, AB 214)ê

 

request, the governmental entity shall inform the requester of the amount of the fee before preparing the requested information. The fee charged by the governmental entity must be reasonable and must be based on the cost that the governmental entity actually incurs for the extraordinary use of its personnel or technological resources. The governmental entity shall not charge such a fee if the governmental entity is not required to make extraordinary use of its personnel or technological resources to fulfill additional requests for the same information.

      2.  As used in this section, “technological resources” means any information, information system or information service acquired, developed, operated, maintained or otherwise used by a governmental entity.

      Sec. 4.  1.  A fee for the provision of information from a geographic information system may include, in addition to the actual cost of the medium in which the information is provided, the reasonable costs related to:

      (a) The gathering and entry of data into the system;

      (b) Maintenance and updating of the database of the system;

      (c) Hardware;

      (d) Software;

      (e) Quality control; and

      (f) Consultation with personnel of the governmental entity.

      2.  As used in this section, “geographic information system” means a system of hardware, software and data files on which spatially oriented geographical information is digitally collected, stored, managed, manipulated, analyzed and displayed.

      Sec. 5.  1.  If a person requests a copy of a transcript of an administrative proceeding that has been transcribed by a certified court reporter, a governmental entity shall charge, in addition to the actual cost of the medium in which the copy of the transcript is provided, a fee for each page provided which is equal in amount to the fee per page charged by the court reporter for the copy of the transcript, as set forth in the contract between the governmental entity and the court reporter. For each page provided, the governmental entity shall remit to the court reporter who transcribed the proceeding an amount equal to the fee per page set forth in the contract between the governmental entity and the court reporter.

      2.  The governmental entity shall post in a conspicuous place at each office in which the governmental entity provides copies of public records, a legible sign or notice which states that, in addition to the actual cost of the medium in which the copy of the transcript is provided, the fee charged for a copy of each page of the transcript is the fee per page set forth in the contract between the governmental entity and the court reporter.

      Sec. 6.  NRS 239.005 is hereby amended to read as follows:

      239.005  As used in this chapter [:] , unless the context otherwise requires:

      1.  “Actual cost” means the direct cost related to the reproduction of a public record.  The term does not include a cost that a governmental entity incurs regardless of whether or not a person requests a copy of a particular public record.

      2.  “Committee” means the committee to approve schedules for the retention and disposition of official state records . [; and


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

ê1997 Statutes of Nevada, Page 2386 (Chapter 497, AB 214)ê

 

      2.] 3.  “Division” means the division of state library and archives of the department of museums, library and arts.

      4.  “Governmental entity” means:

      (a) An elected or appointed officer of this state or of a political subdivision of this state;

      (b) An institution, board, commission, bureau, council, department, division, authority or other unit of government of this state or of a political subdivision of this state;

      (c) A university foundation, as defined in NRS 396.405; or

      (d) An educational foundation, as defined in NRS 388.750, to the extent that the foundation is dedicated to the assistance of public schools.

      Sec. 7.  NRS 239.010 is hereby amended to read as follows:

      239.010  1.  All public books and public records of a [public agency, a university foundation or an educational foundation,] governmental entity, the contents of which are not otherwise declared by law to be confidential, must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the [public agency, university foundation or educational foundation] governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A [public agency] governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has custody of a public record shall not refuse to provide a copy of that public record in a readily available medium because he has already prepared or would prefer to provide the copy in a different medium.

      4.  As used in this section:

      (a) “Educational foundation” has the meaning ascribed to it in subsection 3 of NRS 388.750.

      (b) [“Public agency” means any officer of the state or a county, city, district, governmental subdivision or quasi-municipal corporation and any office of this state.

      (c)] “University foundation” has the meaning ascribed to it in subsection 3 of NRS 396.405.

      Sec. 8.  NRS 239.011 is hereby amended to read as follows:

      239.011  If a request for inspection or copying of a public book or record open to inspection and copying is denied, the requester may apply to the district court in the county in which the book or record is located for an order permitting him to inspect or copy it. The court shall give this matter priority over other civil matters to which priority is not given by other statutes. If the requester prevails, he is entitled to recover his costs and reasonable attorney’s fees in the proceeding from the [agency] governmental entity whose officer has custody of the book or record.


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ê1997 Statutes of Nevada, Page 2387 (Chapter 497, AB 214)ê

 

reasonable attorney’s fees in the proceeding from the [agency] governmental entity whose officer has custody of the book or record.

      Sec. 9.  1.  On or before July 1, 1998, the Department of Administration, in cooperation with the Committee to Approve Schedules for the Retention and Disposition of Official State Records created pursuant to NRS 239.073, the Nevada Association of Counties, Nevada League of Cities, Nevada Association of School Boards, Board of Regents of the University of Nevada, Nevada Taxpayers Association, Fiscal Analysis Division of the Legislative Counsel Bureau, Administrative Office of the Courts, Nevada Press Association and Society of Professional Journalists, shall:

      (a) Determine the fiscal effect that the provisions of subsection 3 of NRS 239.010 have had and that the provisions of section 2 of this act will have on governmental entities in this state.

      (b) Prepare a written report of its findings.

      (c) Deliver a copy of the report prepared pursuant to subsection 2 to:

             (1) The governor;

             (2) The interim finance committee; and

             (3) Each local governing body that will be affected by this act.

      (d) Recommend to the legislative commission any proposals for legislation regarding public records and governmental budgeting practices that it deems appropriate based on its findings.

      2.  The Department of Administration shall hold at least one public hearing at which it solicits the opinion of the public regarding the fiscal effects of the provisions of subsection 3 of NRS 239.010 and section 2 of this act on the public. The Department of Administration shall arrange, if feasible, for the teleconferencing of the hearing between the northern and southern parts of this state.

      Sec. 10.  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. 11.  1.  This section, section 1 and sections 3 to 10, inclusive, of this act become effective on October 1, 1997.

      2.  Section 2 of this act becomes effective on July 1, 1999.

________

 

CHAPTER 498, AB 225

Assembly Bill No. 225–Committee on Ways and Means

CHAPTER 498

AN ACT making an appropriation to the mental hygiene and mental retardation division of the department of human resources for the position of a psychologist; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  1.  There is hereby appropriated from the state general fund to the mental hygiene and mental retardation division of the department of human resources for the position of a psychologist to perform mental health evaluations at the Washoe Detention Center:

 


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

ê1997 Statutes of Nevada, Page 2388 (Chapter 498, AB 225)ê

 

department of human resources for the position of a psychologist to perform mental health evaluations at the Washoe Detention Center:

For the fiscal year 1997-1998........................................................................... $44,000

For the fiscal year 1998-1999........................................................................... $44,000

The money appropriated by this subsection must not be distributed until an equal amount of money is provided by Washoe County for the same purpose.

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

      Sec. 2.  This act becomes effective on June 30, 1997.

________

 

CHAPTER 499, AB 252

Assembly Bill No. 252–Assemblyman Neighbors

CHAPTER 499

AN ACT making an appropriation to Nye County for the establishment of a Tonopah Mining Park and for improvements to the Central Nevada Museum; and providing other matters properly relating thereto.

 

[Approved July 16, 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 Nye County the sum of $200,000 to be disbursed as follows:

      1.  For the establishment of a Tonopah Mining Park in Tonopah, the sum of $100,000; and

      2.  For improvements to the Central Nevada Museum, the sum of $100,000.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 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 2389ê

 

CHAPTER 500, AB 259

Assembly Bill No. 259–Committee on Ways and Means

CHAPTER 500

AN ACT making a supplemental appropriation to the Office of the Governor for Nevada’s share of the start-up costs for the Western Governors University; and providing other matters properly relating thereto.

 

[Approved July 16, 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 $100,000 for Nevada’s share of the start-up costs for the Western Governors University. This appropriation is supplemental to that made by section 2 of chapter 446, Statutes of Nevada 1995, at page 1384.

      Sec. 2.  Any remaining balance of the supplemental appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 501, AB 265

Assembly Bill No. 265–Committee on Ways and Means

CHAPTER 501

AN ACT making an appropriation to the North Las Vegas Library District for the advanced planning through design development of a second public library in North Las Vegas; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

      Whereas, The City of North Las Vegas has more than doubled in population within the last 6 years; and

      Whereas, The residents of the northwest section of North Las Vegas who have experienced this phenomenal growth do not have a library facility; and

      Whereas, The North Las Vegas Library District is the only district in southern Nevada with only one library facility; and

      Whereas, The existing library facility in North Las Vegas cannot meet the needs of this increased population; now, therefore,

 

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 North Las Vegas Library District the sum of $350,000 for the advanced planning through design development of a second public library in North Las Vegas.


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ê1997 Statutes of Nevada, Page 2390 (Chapter 501, AB 265)ê

 

planning through design development of a second public library in North Las Vegas.

      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.

________

 

CHAPTER 502, AB 266

Assembly Bill No. 266–Committee on Ways and Means

CHAPTER 502

AN ACT making appropriations to the Department of Education for certain nonprofit public broadcasting stations, for the Governor’s Advisory Council on Education Relating to the Holocaust, and for programs, personnel and educational services for American Indian children and culturally diverse children; and providing other matters properly relating thereto.

 

[Approved July 16, 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 Department of Education:

      1.  The sum of $300,000 for the support of nonprofit public broadcasting stations in Nevada whose programs are devoted primarily to serving the educational, informational and cultural needs of the communities in Nevada.

      2.  The sum of $75,000 for distribution of a grant of money to the Governor’s Advisory Council on Education Relating to the Holocaust created pursuant to NRS 233G.020 for carrying out the duties of the Council.

      3.  For programs, personnel and educational services designed to meet the special educational needs of American Indian children and culturally diverse children, including children whose native language is not English:

For the fiscal year 1997-1998......................................................................... $148,989

For the fiscal year 1998-1999......................................................................... $171,120

The money appropriated pursuant to this subsection must be used by the department to employ one educational consultant to serve the special needs of American Indian children, one educational consultant to serve the special needs of culturally diverse children, including children whose native language is not English, and one part-time secretary, and for travel, equipment and operational expenses related thereto.

      Sec. 2.  Any remaining balance of the appropriations 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.  The Department of Education shall evaluate the programs for American Indian children and culturally diverse children, including children whose native language is not English, that are funded by the appropriation made pursuant to subsection 3 of section 1 of this act, and report its findings to the 70th session of the Nevada Legislature on or before March 15, 1999.


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

ê1997 Statutes of Nevada, Page 2391 (Chapter 502, AB 266)ê

 

children whose native language is not English, that are funded by the appropriation made pursuant to subsection 3 of section 1 of this act, and report its findings to the 70th session of the Nevada Legislature on or before March 15, 1999. The report must include an evaluation of the effect such programs have had on meeting the special needs of such children and increasing the participation of such children in school programs that assist them in achieving high educational standards.

      Sec. 4.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 503, AB 268

Assembly Bill No. 268–Committee on Ways and Means

CHAPTER 503

AN ACT making an appropriation to the account for local cultural activities; and providing other matters properly relating thereto.

 

[Approved July 16, 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 account for local cultural activities created by NRS 233C.100 the sum of $150,000.

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

________

 

CHAPTER 504, AB 270

Assembly Bill No. 270–Committee on Judiciary

CHAPTER 504

AN ACT relating to criminal procedure; allowing a prosecuting attorney to dismiss a case without prejudice in certain situations; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 174.085 is hereby amended to read as follows:

      174.085  1.  If [the] a defendant was formerly acquitted on the ground of a variance between the indictment, information or complaint and proof, or the indictment, information, or complaint was dismissed upon an objection to its form or substance, or in order to hold [the] a defendant for a higher offense without a judgment of acquittal, it is not an acquittal of the same offense.


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

ê1997 Statutes of Nevada, Page 2392 (Chapter 504, AB 270)ê

 

higher offense without a judgment of acquittal, it is not an acquittal of the same offense.

      2.  [Whenever the] If a defendant is acquitted on the merits, he is acquitted of the same offense, notwithstanding [any] a defect in the form or substance in the indictment, information, or complaint on which the trial was had.

      3.  When [the] a defendant is convicted or acquitted, or has been once placed in jeopardy upon an indictment, information or complaint, except as otherwise provided in [subsection 5,] subsections 5 and 6, the conviction, acquittal or jeopardy is a bar to another indictment, information or complaint for the offense charged in the former, or for an attempt to commit the same, or for an offense necessarily included therein, of which he might have been convicted under that indictment, information or complaint.

      4.  In all cases where a jury is discharged or prevented from giving a verdict by reason of [any] an accident or other cause, except where the defendant is discharged during the progress of the trial or after the cause is submitted to them, the cause may be again tried.

      5.  The prosecuting attorney in a case that he has initiated, may voluntarily dismiss a complaint:

      (a) Before a preliminary hearing if the crime with which the defendant is charged is a felony or gross misdemeanor; or

      (b) Before trial if the crime with which the defendant is charged is a misdemeanor,

without prejudice to the right to file another complaint, unless the State of Nevada has previously filed a complaint against the defendant which was dismissed at the request of the prosecuting attorney. After the dismissal, the court shall order the defendant released from custody or, if he is released on bail, exonerate the obligors and release any bail.

      6.  If a prosecuting attorney files a subsequent complaint after a complaint concerning the same matter has been filed and dismissed against the defendant:

      (a) The case must be assigned to the same judge to whom the initial complaint was assigned; and

      (b) A court shall not issue a warrant for the arrest of a defendant who was released from custody pursuant to subsection 5 or require a defendant whose bail has been exonerated pursuant to subsection 5 to give bail unless the defendant does not appear in court in response to a properly issued summons in connection with the complaint.

      7.  The [district attorney of any county] prosecuting attorney in a case that he has initiated, may voluntarily dismiss an indictment [, information or complaint at any time prior to] or information before the actual arrest or incarceration of the defendant without prejudice to the right to bring another indictment [, information or complaint.] or information. After the arrest or incarceration of the defendant, [he may do so,] the prosecuting attorney may voluntarily dismiss an indictment or information without prejudice to [such right,] the right to bring another indictment or information only upon good cause shown to the court and upon written findings and a court order to that effect.


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

ê1997 Statutes of Nevada, Page 2393 (Chapter 504, AB 270)ê

 

      Sec. 2.  NRS 178.562 is hereby amended to read as follows:

      178.562  1.  [An] Except as otherwise provided in NRS 174.085, an order for the dismissal of the action, as provided in NRS 178.554 and 178.556, [shall be] is a bar to another prosecution for the same offense.

      2.  The discharge of a person accused upon preliminary examination [shall be] is a bar to another complaint against him for the same offense, but [shall] does not bar the finding of an indictment or filing of an information.

________

 

CHAPTER 505, AB 279

Assembly Bill No. 279–Assemblymen Ernaut, Hettrick, Carpenter, Hickey, Tiffany, Von Tobel, Amodei, Cegavske, Gustavson, Braunlin, Lambert, Humke, Nolan, Berman, Mortenson, Chowning and Sandoval

CHAPTER 505

AN ACT relating to compensation for unemployment; revising provisions governing the disqualification of a person to receive benefits when he voluntarily leaves employment to seek other employment; providing an exception to charging benefits against the record of the base-period employer; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 612.380 is hereby amended to read as follows:

      612.380  1.  Except as otherwise provided in subsection 2, a person is ineligible for benefits for the week in which he has voluntarily left his last or next to last employment:

      (a) Without good cause, if so found by the administrator, and until he earns remuneration in covered employment equal to or exceeding his weekly benefit amount in each of 10 weeks.

      (b) To seek [better] other employment and for all subsequent weeks until he secures [better] other employment or until he earns remuneration in covered employment equal to or exceeding his weekly benefit amount in each of 10 weeks, if so found by the administrator.

      2.  A person is not ineligible for benefits solely because he left employment which was not suitable to enter training approved pursuant to 19 U.S.C. § 2296.

      3.  As used in subsection 2, employment is “suitable” if the work is of a substantially equal or higher level of skill than the person’s past adversely affected employment, and the wages are not less than 80 percent of his average weekly wage at his past adversely affected employment.

      Sec. 2.  NRS 612.551 is hereby amended to read as follows:

      612.551  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 3, when the division has determined that a claimant has earned 75 percent or more of his wages during his base period from one employer, it shall notify the employer of its determination and advise him that he has a right to protest the charging of benefits to his account pursuant to subsection 4 of NRS 612.550.


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

ê1997 Statutes of Nevada, Page 2394 (Chapter 505, AB 279)ê

 

right to protest the charging of benefits to his account pursuant to subsection 4 of NRS 612.550.

      2.  Benefits paid pursuant to an elected base period in accordance with NRS 612.344 must not be charged against the employer’s record for experience rating.

      3.  If a claimant leaves an employer to take other employment and leaves or is discharged by the latter employer, benefits paid to him may not be charged against the record for experience rating of the former employer.

      4.  If the employer provides evidence within 10 working days after the notice required by subsection 1 was mailed which satisfies the administrator that the claimant:

      (a) Left his employment voluntarily without good cause or was discharged for misconduct connected with his employment, the administrator may order that the benefits not be charged against the employer’s record for experience rating.

      (b) Was the spouse of an active member of the Armed Forces of the United States and left his employment because his spouse was transferred to a different location, the administrator shall order that the benefits not be charged against the employer’s record for experience rating.

      [4.] 5.  The employer may appeal from the ruling of the administrator as to the cause of the termination of the claimant’s employment in the same manner as appeals may be taken from determinations relating to claims for benefits.

      [5.] 6.  No determination made pursuant to this section constitutes a basis for disqualifying a claimant to receive benefits.

________

 

CHAPTER 506, AB 291

Assembly Bill No. 291–Committee on Infrastructure

CHAPTER 506

AN ACT relating to taxation; authorizing counties to impose sales and use taxes for infrastructure; authorizing Washoe County to impose a tax on the rental of transient lodging for railroad grade separation projects under certain circumstances; authorizing certain cities and the Las Vegas Valley Water District to impose an excise tax on the use of water for water facilities; requiring the legislative auditor to conduct a performance audit of the Southern Nevada Water Authority; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 18, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Solid waste” has the meaning ascribed to it in NRS 444.490.


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

ê1997 Statutes of Nevada, Page 2395 (Chapter 506, AB 291)ê

 

      Sec. 4.  “Wastewater facilities” means:

      1.  Any devices and systems used in the storage, treatment, control of odor, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature, including, without limitation, outfall sewers, pumping, power and other equipment, and their appurtenances;

      2.  Extensions, improvements, remodeling, additions and alterations of any device or system described in subsection 1;

      3.  Units essential to provide a reliable recycled supply of water, such as standby treatment units and clear well facilities; and

      4.  Land that is or will be an integral part of the treatment process or is used for the ultimate disposal of residues resulting from such treatment, including, without limitation, the acquisition and improvement of wetlands that are designed and used for the discharge of effluent.

      Sec. 5.  “Water authority” means a water authority organized as a public agency or an entity created by cooperative agreement pursuant to chapter 277 of NRS whose members at the time of formation included the three largest retail water purveyors in the county and which is responsible for the acquisition, treatment and delivery of water and water resources on a wholesale basis to utilities, governmental agencies and entities and other large customers.

      Sec. 6.  “Water facilities” means facilities pertaining to a water system for the collection, transportation, treatment, purification and distribution of water, including, without limitation, springs, wells, ponds, lakes, water rights, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers and other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, siphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation, or any combination thereof.

      Sec. 7.  1.  The board of county commissioners of any county may by ordinance, but not as in a case of emergency, impose a tax for infrastructure pursuant to this section and section 8 of this act.

      2.  An ordinance enacted pursuant to this chapter may not become effective before a question concerning the imposition of the tax is approved by a two-thirds majority of the members of the board of county commissioners. Any proposal to increase the rate of the tax or change the previously approved uses for the proceeds of the tax must be approved by a two-thirds majority of the members of the board of county commissioners. The board of county commissioners shall not change a previously approved use for the proceeds of the tax to a use that is not authorized for that county pursuant to section 14 of this act.

      3.  An ordinance enacted pursuant to this section must:


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

ê1997 Statutes of Nevada, Page 2396 (Chapter 506, AB 291)ê

 

      (a) Specify the date on which the tax must first be imposed or on which an increase in the rate of the tax becomes effective, which must occur on the first day of the first month of the next calendar quarter that is at least 60 days after the date on which a two-thirds majority of the board of county commissioners approved the question.

      (b) In a county whose population is 400,000 or more, provide for the cessation of the tax not later than:

             (1) The last day of the month in which the department determines that the total sum collected since the tax was first imposed, exclusive of any penalties and interest, exceeds $2.3 billion; or

             (2) June 30, 2025,

whichever occurs earlier.

      4.  The board of county commissioners in a county whose population is 400,000 or more and in which a water authority exists shall review the necessity for the continued imposition of the tax authorized pursuant to this chapter at least once every 10 years.

      5.  Before enacting an ordinance pursuant to this chapter, the board of county commissioners shall hold a public hearing regarding the imposition of a tax for infrastructure. In a county whose population is 400,000 or more and in which a water authority exists, the water authority shall also hold a public hearing regarding the tax for infrastructure. Notice of the time and place of each hearing must be:

      (a) Published in a newspaper of general circulation in the county at least once a week for the 2 consecutive weeks immediately preceding the date of the hearing. Such notice must be a display advertisement of not less than 3 inches by 5 inches.

      (b) Posted at the building in which the meeting is to be held and at not less than three other separate, prominent places within the county at least 2 weeks before the date of the hearing.

      6.  Before enacting an ordinance pursuant to this chapter, the board of county commissioners of a county whose population is less than 400,000 or a county whose population is 400,000 or more and in which no water authority exists, shall develop a plan for the expenditure of the proceeds of a tax imposed pursuant to this chapter for the purposes set forth in section 14 of this act. The plan may include a regional project for which two or more such counties have entered into an interlocal agreement to expend jointly all or a portion of the proceeds of a tax imposed in each county pursuant to this chapter. Such a plan must include, without limitation, the date on which the plan expires, a description of each proposed project, the method of financing each project and the costs related to each project. Before adopting a plan pursuant to this subsection, the board of county commissioners of a county in which a regional planning commission has been established pursuant to NRS 278.0262 shall transmit to the regional planning commission a list of the proposed projects for which a tax for infrastructure may be imposed. The regional planning commission shall hold a public hearing at which it shall rank each project in relative priority. The regional planning commission shall transmit its rankings to the board of county commissioners. The recommendations of the regional planning commission regarding the priority of the proposed projects are not binding on the board of county commissioners.


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

ê1997 Statutes of Nevada, Page 2397 (Chapter 506, AB 291)ê

 

on the board of county commissioners. The board of county commissioners shall hold at least one public hearing on the plan. Notice of the time and place of the hearing must be provided in the manner set forth in subsection 5. The plan must be approved by the board of county commissioners at a public hearing. Subject to the provisions of subsection 7, on or before the date on which a plan expires, the board of county commissioners shall determine whether a necessity exists for the continued imposition of the tax. If the board determines that such a necessity does not exist, the board shall repeal the ordinance that enacted the tax. If the board of county commissioners determines that the tax must be continued for a purpose set forth in section 14 of this act, the board shall adopt, in the manner prescribed in this subsection, a new plan for the expenditure of the proceeds of the tax for such a purpose.

      7.  No ordinance imposing a tax which is enacted pursuant to this chapter may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds or other obligations which are payable from or secured by a pledge of a tax enacted pursuant to this chapter until those bonds or other obligations have been discharged in full.

      Sec. 8.  An ordinance enacted pursuant to this chapter must include provisions in substance as follows:

      1.  A provision imposing a tax upon retailers at the rate of not more than:

      (a) In a county whose population is 100,000 or more but less than 400,000, one-eighth of 1 percent; or

      (b) In all other counties, one-quarter of 1 percent,

of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in the county.

      2.  Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

      3.  A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of an ordinance enacted pursuant to this chapter.

      4.  A provision stating the specific purpose for which the proceeds of the tax must be expended.

      5.  A provision that the county shall contract before the effective date of the ordinance with the department to perform all functions incident to the administration or operation of the tax in the county.

      6.  A provision that exempts from the tax or any increase in the tax the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract:

      (a) Entered into on or before the effective date of the tax or the increase in the tax; or

      (b) For the construction of an improvement to real property for which a binding bid was submitted before the effective date of the tax or the increase in the tax if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax or the increase in the tax.


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

ê1997 Statutes of Nevada, Page 2398 (Chapter 506, AB 291)ê

 

if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax or the increase in the tax.

      Sec. 9.  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the counties pursuant to this chapter must be paid to the department in the form of remittances payable to the department.

      2.  The department shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund.

      3.  The state controller, acting upon the collection data furnished by the department, shall monthly:

      (a) Transfer from the sales and use tax account to the appropriate account in the state general fund a percentage of all fees, taxes, interest and penalties collected pursuant to this chapter during the preceding month as compensation to the state for the cost of collecting the taxes. The percentage to be transferred pursuant to this paragraph must be the same percentage as the percentage of proceeds transferred pursuant to paragraph (a) of subsection 3 of NRS 374.785 but the percentage must be applied to the proceeds collected pursuant to this chapter only.

      (b) Determine for each county an amount of money equal to any fees, taxes, interest and penalties collected in or for that county pursuant to this chapter during the preceding month, less the amount transferred to the state general fund pursuant to paragraph (a).

      (c) Transfer the amount determined for each county to the intergovernmental fund and remit the money:

             (1) In each county whose population is 400,000 or more and in which a water authority exists, to the treasurer for the water authority.

             (2) In each county whose population is less than 400,000 or each county whose population is 400,000 or more and in which no water authority exists, to the county treasurer.

      Sec. 10.  The department may redistribute any fee, tax, penalty and interest to:

      1.  A county whose population is less than 400,000 or a county whose population is 400,000 or more and in which no water authority exists; or

      2.  The water authority in a county whose population is 400,000 or more and in which a water authority exists,

that is entitled thereto, but no such redistribution may be made as to amounts originally distributed more than 6 months before the date on which the department obtains knowledge of the improper distribution.

      Sec. 11.  An ordinance amending the ordinance enacted pursuant to section 7 of this act must include a provision in substance that the county shall amend the contract made pursuant to subsection 5 of section 8 of this act by a contract made between the county and the state acting by and through the department before the effective date of the amendatory taxing ordinance, unless the county determines with the written concurrence of the department that no such amendment of the contract is necessary or desirable.

      Sec. 12.  1.  In a county whose population is less than 400,000 or a county whose population is 400,000 or more and in which no water authority exists, the county treasurer shall deposit the money received from the state controller pursuant to section 9 of this act in the county treasury for credit to a fund to be known as the infrastructure fund.


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

ê1997 Statutes of Nevada, Page 2399 (Chapter 506, AB 291)ê

 

authority exists, the county treasurer shall deposit the money received from the state controller pursuant to section 9 of this act in the county treasury for credit to a fund to be known as the infrastructure fund. The infrastructure fund must be accounted for as a separate fund and not as a part of any other fund. The money for each project included in the plan adopted pursuant to subsection 6 of section 7 must be accounted for separately in the fund.

      2.  In a county whose population is 400,000 or more and in which a water authority exists, the water authority shall deposit the money received from the state controller pursuant to section 9 of this act in a separate account of the water authority to be known as the infrastructure fund. This fund must be accounted for as a separate fund and not as part of any other fund of the water authority.

      Sec. 13.  1.  In a county whose population is 400,000 or more and in which a water authority exists, the water authority shall enter into an interlocal agreement with a city or town located in the county whose territory is not within the boundaries of the area served by the water authority or with a public entity in the county which provides water or wastewater services and which is not a member of the water authority to provide a distribution from the infrastructure fund of the water authority to the city, town or public entity after the city, town or public entity has filed with the water authority a detailed plan for acquiring, establishing, constructing, improving or equipping, or any combination thereof, a water or wastewater facility.

      2.  Such a city, town or public entity may request annually from the infrastructure fund of the water authority an amount of the proceeds of the tax for infrastructure received annually by the water authority that is equal to the proportion that the assessed valuation of taxable property within the boundaries of the city or town or the area served by the public entity, except any assessed valuation attributable to the net proceeds of minerals, bears to the total assessed valuation of taxable property within the county, except any assessed valuation attributable to the net proceeds of minerals. If the boundaries of such a city or town overlap with the boundaries of a public entity in such a county which provides water or wastewater services and which is not a member of the water authority, the water authority shall apportion equally between the city or town and the public entity the distribution from the infrastructure fund attributable to the assessed valuation in the area where the boundaries overlap.

      3.  The water authority shall not unreasonably refuse a request from such a city, town or public entity for a distribution from the infrastructure fund pursuant to the provisions of this section.

      Sec. 14.  The money in the infrastructure fund, including interest and any other income from the fund:

      1.  In a county whose population is 400,000 or more, must only be expended by the water authority, distributed by the water authority to its members, distributed by the water authority pursuant to section 13 of this act to a city or town located in the county whose territory is not within the boundaries of the area served by the water authority or to a public entity in such a county which provides water or wastewater services and which is not a member of the water authority or, if no water authority exists in the county, by the board of county commissioners for:

 


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ê1997 Statutes of Nevada, Page 2400 (Chapter 506, AB 291)ê

 

not a member of the water authority or, if no water authority exists in the county, by the board of county commissioners for:

      (a) The acquisition, establishment, construction, improvement or equipping of water and wastewater facilities;

      (b) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraph (a); or

      (c) Any combination of those purposes.

The board of county commissioners may only expend money from the infrastructure fund pursuant to this subsection in the manner set forth in the plan adopted pursuant to subsection 6 of section 7 of this act.

      2.  In a county whose population is 100,000 or more but less than 400,000, must only be expended by the board of county commissioners in the manner set forth in the plan adopted pursuant to subsection 6 of section 7 of this act for:

      (a) The acquisition, establishment, construction or expansion of:

             (1) Projects for the management of flood plains or the prevention of floods; or

             (2) Facilities relating to public safety;

      (b) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraph (a); or

      (c) Any combination of those purposes.

      3.  In a county whose population is less than 100,000, must only be expended by the board of county commissioners in the manner set forth in the plan adopted pursuant to subsection 6 of section 7 of this act for:

      (a) The acquisition, establishment, construction, improvement or equipping of:

             (1) Water facilities; or

             (2) Wastewater facilities;

      (b) The acquisition, establishment, construction or expansion of:

             (1) Projects for the management of flood plains or the prevention of floods; or

             (2) Facilities for the disposal of solid waste;

      (c) The construction or renovation of facilities for schools;

      (d) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraphs (a), (b) and (c); or

      (e) Any combination of those purposes.

      Sec. 15.  1.  Money for the payment of the cost of one or more projects for which the board of county commissioners has imposed all or a portion of the tax authorized pursuant to this chapter may be obtained by the issuance of bonds and other securities as provided in this section, or, subject to any pledges, liens and other contractual limitations made pursuant to this chapter, may be obtained by direct distribution from the infrastructure fund, or may be obtained both by the issuance of such securities and by such direct distribution as determined by the board of county commissioners or, in a county whose population is 400,000 or more and in which a water authority exists, by the water authority.


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

ê1997 Statutes of Nevada, Page 2401 (Chapter 506, AB 291)ê

 

      2.  The board of county commissioners of a county whose population is less than 400,000 or of a county whose population is 400,000 or more and in which no water authority exists may, after the enactment of an ordinance imposing a tax for infrastructure as authorized by section 7 of this act, from time to time issue bonds and other securities, which are general or special obligations of the county and which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the taxes imposed by this chapter. The ordinance authorizing the issuance of any bond or other security must describe the purpose for which it was issued.

      3.  After the enactment of an ordinance imposing a tax for infrastructure by the board of county commissioners of a county whose population is 400,000 or more and in which a water authority exists, the water authority or, if so provided in an interlocal agreement to which the water authority is a party, one or more of the members of the water authority, may from time to time issue bonds and other securities, which are general or special obligations and which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the taxes imposed by this chapter.

      4.  In a county whose population is 400,000 or more, no bonds or other securities may be issued pursuant to this section which are payable from or secured by, in whole or in part, any revenue from a tax enacted pursuant to this chapter to be collected after:

      (a) The last day of the month in which the department determines that the total sum collected since the tax was first imposed, exclusive of any penalties and interest, exceeds $2.3 billion; or

      (b) June 30, 2025,

whichever occurs earlier.

      Sec. 16.  1.  Each document providing for the issuance of any bond or security issued pursuant to this chapter which is payable from the receipts of the taxes imposed by this chapter or revenue generated by one or more projects for which the board of county commissioners has imposed all or a portion of the tax authorized pursuant to this chapter, may, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain a covenant or other provision to pledge and create a lien upon the receipts of the tax or the revenue generated by one or more projects for which the board of county commissioners has imposed all or a portion of the tax authorized pursuant to this chapter, or upon the proceeds of any bond or security pending their application to defray the cost of one or more projects for which the board of county commissioners has imposed all or a portion of the tax authorized pursuant to this chapter, or any combination of the tax proceeds, generated revenue or security proceeds, to secure the payment of any bond or security issued pursuant to this chapter.

      2.  Any money pledged to the payment of bonds or other securities pursuant to subsection 1 may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

      Sec. 17.  If a water authority in a county whose population is 400,000 or more has entered into an interlocal agreement to provide a distribution from the infrastructure fund pursuant to section 13 of this act to a city or town located in the county whose territory is not within the boundaries of the area served by the water authority or to a public entity in the county which provides water or wastewater services and which is not a member of the water authority, the city, town or public entity shall transmit to the water authority on or before December 15 of each year a report that describes:

 


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ê1997 Statutes of Nevada, Page 2402 (Chapter 506, AB 291)ê

 

the area served by the water authority or to a public entity in the county which provides water or wastewater services and which is not a member of the water authority, the city, town or public entity shall transmit to the water authority on or before December 15 of each year a report that describes:

      1.  The total distribution received by the city, town or public entity during the preceding fiscal year from the infrastructure fund pursuant to section 13 of this act;

      2.  Each project for which the money was distributed; and

      3.  The status of each project for which the money was distributed.

      Sec. 18.  If a person has not been habitually delinquent in the payment of any sales or use tax at any time within the immediately preceding 3 years, the department shall disregard the amount of any tax due pursuant to this chapter when determining the amount of any security it may require from that person for the payment of any sales or use tax.

      Sec. 19.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to all other taxes imposed on the revenue from the rental of transient lodging, a board of county commissioners in a county whose population is 100,000 or more but less than 400,000 may by ordinance, but not as in a case of emergency, impose a tax at the rate of not more than 1 percent of the gross receipts from the rental of transient lodging throughout the county, including its incorporated cities, upon all persons in the business of providing lodging.

      2.  The ordinance imposing the tax must include all the matters required by NRS 244.3352 for the mandatory tax, must be administered in the same manner, and imposes the same liabilities, except:

      (a) Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax; and

      (b) The governmental entity collecting the tax must transfer all collections to the county and may not retain any part of the tax as a collection or administrative fee.

      3.  The proceeds of the tax and any applicable penalty or interest must be retained by the county and used for the payment of principal and interest on notes, bonds or other obligations issued by the county to fund the acquisition, establishment, construction or expansion of one or more railroad grade separation projects.

      Sec. 20.  NRS 244.3359 is hereby amended to read as follows:

      244.3359  1.  A county whose population is 400,000 or more shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991, except pursuant to NRS 244.3351.

      2.  A county whose population is 100,000 or more but less than 400,000 shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991 [.] , except pursuant to section 19 of this act.


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

ê1997 Statutes of Nevada, Page 2403 (Chapter 506, AB 291)ê

 

      3.  The legislature hereby declares that the limitation imposed by subsection 2 will not be repealed or amended except to allow the imposition of [an] :

      (a) An increase in such a tax for the promotion of tourism or for the construction or operation of tourism facilities by a convention and visitors authority [.] ; and

      (b) A new tax for the acquisition, establishment, construction or expansion of railroad grade separation projects.

      Sec. 21.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In a county whose population is 400,000 or more, the governing body of a city that owns a municipal water system may, if requested by a water authority, impose an excise tax on the use of water in an amount sufficient to ensure the payment, wholly or in part, of obligations incurred by the water authority to acquire, establish, construct, improve or equip, or any combination thereof, a water facility. The tax must be imposed by ordinance on customers of the municipal water system that are capable of using or benefiting from the water facility financed, wholly or in part, with the proceeds of the tax.

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

      3.  The ordinance imposing the tax must provide:

      (a) The rate or rates of the tax, which must not exceed one-quarter of 1 percent of the monthly water bill of customers of all residential classes and 5 percent of the monthly water bill of customers of all commercial classes and any other class;

      (b) The procedure for collection of the tax;

      (c) The duration of the tax; and

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

      4.  Late payments of the tax must bear interest at a rate not exceeding 1 percent per month, or fraction thereof. The tax due is a perpetual lien against the property served by the water on whose use the tax is imposed until the tax and any interest that may accrue thereon are paid. Collection of the tax may be enforced in any manner authorized by law for the collection of unpaid water bills. In addition to all other methods available to enforce payment of the tax, the city, by ordinance, may provide that it will be collected in the same manner as delinquent taxes are collected pursuant to NRS 268.043 for sewerage charges.

      5.  Subject to the provisions of this subsection, the governing body of the city may reduce the amount of the tax imposed pursuant to this section as the obligations of the city and the water authority allow. No ordinance imposing a tax which is enacted pursuant to this section may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds or other obligations which are payable from or secured by a pledge of a tax enacted pursuant to this section until those bonds or other obligations have been discharged in full.


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

ê1997 Statutes of Nevada, Page 2404 (Chapter 506, AB 291)ê

 

      6.  The governing body of the city shall review the necessity for the continued imposition of the tax authorized pursuant to this section at least once every 10 years.

      7.  As used in this section:

      (a) “Water facility” means a facility pertaining to a water system for the collection, transportation, treatment, purification and distribution of water, including, without limitation, springs, wells, ponds, lakes, water rights, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers and other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, siphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation, or any combination thereof.

      (b) “Water authority” means a water authority organized as a public agency or entity created by cooperative agreement pursuant to chapter 277 of NRS whose members at the time of formation include the three largest retail water purveyors in the county and which is responsible for the acquisition, treatment and delivery of water and water resources on a wholesale basis to utilities, governmental agencies and entities and other large customers.

      Sec. 22.  Chapter 167, Statutes of Nevada 1947, as last amended by chapter 631, Statutes of Nevada 1993, at page 2643, is hereby amended by adding a new section to be designated as section 28, immediately following section 27, to read as follows:

       Sec. 28.  1.  At the request of the Southern Nevada Water Authority, to pay all or any part of the cost to acquire, establish, construct, improve or equip, or any combination thereof, one or more water facilities, the board of directors of the district may impose an excise tax on the use of water in an amount sufficient to ensure the payment, wholly or in part, of obligations incurred by the Southern Nevada Water Authority. The tax must be imposed as a rate or charge pursuant to the procedures for adopting a schedule of rates and charges set forth in section 9.2 on customers of the water system of the district that are capable of using or benefiting from the water facilities financed, wholly or in part, with the proceeds of the tax.

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

       3.  The schedule imposing the rate or charge must provide:

       (a) The amount of the rate or charge, which must not exceed one-quarter of 1 percent of the monthly water bill of customers of all residential classes and 5 percent of the monthly water bill of customers of all commercial classes and any other class;

 


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

ê1997 Statutes of Nevada, Page 2405 (Chapter 506, AB 291)ê

 

residential classes and 5 percent of the monthly water bill of customers of all commercial classes and any other class;

       (b) The procedure for collection of the rate or charge;

       (c) The duration of the rate or charge; and

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

       4.  Late payments of the tax must bear interest at a rate not exceeding 1 percent per month, or fraction thereof. The tax due is a perpetual lien against the property served by the water on whose use the tax is imposed until the tax and any interest that may accrue thereon are paid. Collection of the tax may be enforced in any manner authorized by law for the collection of unpaid water bills. In addition to all other methods available to enforce payment of the tax, the district may provide that it will be collected in the same manner as delinquent taxes are collected pursuant to NRS 268.043 for sewerage charges.

       5.  Subject to the provisions of this subsection, the board of directors of the district may reduce the amount of the tax imposed pursuant to this section as the obligations of the district or the water authority allow. The board of directors of the district shall not repeal or amend or otherwise directly or indirectly modify the tax in such a manner as to impair any outstanding bonds or other obligations which are payable from or secured by a pledge of a tax imposed pursuant to this section until those bonds or other obligations have been discharged in full.

       6.  The board of directors of the district shall review the necessity for the continued imposition of the tax authorized pursuant to this section at least once every 10 years.

       7.  As used in this section, “water facility” has the meaning ascribed to “water project” in paragraph (b) of subsection 6 of section 27.

      Sec. 23.  The legislature hereby finds and declares that:

      1.  The increased use of the railroad lines in and through the urban areas of Washoe County has caused:

      (a) Extensive traffic problems for the drivers of private automobiles as well as commercial vehicles who need reasonable access to these urban areas on a daily basis;

      (b) Serious difficulties for emergency vehicles including fire-fighting equipment as well as ambulances which need immediate access to all portions of the county; and

      (c) Economic disadvantages for businesses located in both the urban and nonurban areas of the county.

      2.  A general law cannot be made applicable to the problem addressed by section 24 of this act because of the economic and geographical diversity of the local governments of this state, the unique growth patterns in those local governments and the special conditions experienced in Washoe County related to the increased use of the railroad lines in and through the urban areas of the county.


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

ê1997 Statutes of Nevada, Page 2406 (Chapter 506, AB 291)ê

 

      Sec. 24.  1.  The board of county commissioners of Washoe County may by ordinance, but not as in a case of emergency, impose a tax upon the retailers at the rate of not more than one-eighth of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county if the board:

      (a) Imposes a tax on the rental of transient lodging pursuant to section 19 of this act in the maximum amount allowed by that section; and

      (b) Receives a written commitment from one or more other sources for the expenditure of not less than one-half of the total cost of a project for the acquisition, establishment, construction or expansion of railroad grade separation projects in Washoe County.

      2.  An ordinance enacted pursuant to subsection 1 may not become effective before a question concerning the imposition of the tax is approved by a two-thirds majority of the members of the board of county commissioners.

      3.  An ordinance enacted pursuant to subsection 1 must specify the date on which the tax must first be imposed which must occur on the first day of the first month of the next calendar quarter that is at least 60 days after the date on which a two-thirds majority of the board of county commissioners approved the question.

      4.  An ordinance enacted pursuant to subsection 1 must include provisions in substance as follows:

      (a) Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

      (b) A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this section, automatically become a part of an ordinance enacted pursuant to subsection 1.

      (c) A provision stating the specific purpose for which the proceeds of the tax must be expended.

      (d) A provision that the county shall contract before the effective date of the ordinance with the department of taxation to perform all functions incident to the administration or operation of the tax in the county.

      (e) A provision that exempts from the tax the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract:

             (1) Entered into on or before the effective date of the tax; or

             (2) For the construction of an improvement to real property for which a binding bid was submitted before the effective date of the tax if the bid was afterward accepted,

if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax.

      5.  No ordinance imposing a tax which is enacted pursuant to subsection 1 may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds or other obligations which are payable from or secured by a pledge of a tax enacted pursuant to subsection 1 until those bonds or other obligations have been discharged in full.


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

ê1997 Statutes of Nevada, Page 2407 (Chapter 506, AB 291)ê

 

subsection 1 until those bonds or other obligations have been discharged in full.

      6.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the county pursuant to this section must be paid to the department of taxation in the form of remittances payable to the department of taxation.

      7.  The department of taxation shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund.

      8.  The state controller, acting upon the collection data furnished by the department of taxation, shall monthly:

      (a) Transfer from the sales and use tax account to the appropriate account in the state general fund a percentage of all fees, taxes, interest and penalties collected pursuant to this section during the preceding month as compensation to the state for the cost of collecting the taxes. The percentage to be transferred pursuant to this paragraph must be the same percentage as the percentage of proceeds transferred pursuant to paragraph (a) of subsection 3 of NRS 374.785 but the percentage must be applied to the proceeds collected pursuant to this section only.

      (b) Determine for the county an amount of money equal to any fees, taxes, interest and penalties collected in or for the county pursuant to this section during the preceding month, less the amount transferred to the state general fund pursuant to paragraph (a).

      (c) Transfer the amount determined for the county to the intergovernmental fund and remit the money to the county treasurer.

      9.  The county treasurer shall deposit the money received pursuant to subsection 8 in the county treasury for credit to a fund to be known as the railroad grade separation projects fund. The railroad grade separation projects fund must be accounted for as a separate fund and not as a part of any other fund.

      10.  The money in the railroad grade separation projects fund, including interest and any other income from the fund must only be expended by the board of county commissioners for the payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of the acquisition, establishment, construction or expansion of one or more railroad grade separation projects.

      Sec. 25.  1.  The legislative auditor shall:

      (a) Conduct a performance audit of the Southern Nevada Water Authority;

      (b) Prepare a final written report of the audit before January 18, 1999;

      (c) Present the final written report to the senate standing committee on taxation and assembly standing committee on taxation of the 70th session of the Nevada legislature; and

      (d) After presenting the final written report in accordance with paragraph (c), present the final written report to the legislative commission and the audit subcommittee of the legislative commission.

      2.  To the extent that the provisions of NRS 218.737 to 218.890, inclusive, are consistent with the requirements of this section, those provisions apply to the audit conducted pursuant to this section. For the purposes of this subsection, the Southern Nevada Water Authority shall be deemed to be an agency of the state.


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

ê1997 Statutes of Nevada, Page 2408 (Chapter 506, AB 291)ê

 

purposes of this subsection, the Southern Nevada Water Authority shall be deemed to be an agency of the state.

      3.  Upon the request of the legislative auditor or his authorized representative, the officers and employees of each member of the Southern Nevada Water Authority shall make available to the legislative auditor any of their books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, which the legislative auditor deems necessary to conduct the audit required by this section.

      4.  The Southern Nevada Water Authority shall, within 6 months after the period for submission of plans pursuant to paragraph (c) of subsection 1 of NRS 218.8235, submit to the legislative auditor a report specifying the extent to which the recommendations of the legislative auditor have been carried out, the extent to which the recommendations have not been carried out and the reasons for any failure to carry out the recommendations.

      Sec. 26.  1.  Upon the request of the legislative auditor, the Southern Nevada Water Authority shall transfer to the audit division of the legislative counsel bureau the sum of $120,000 to carry out the provisions of section 25 of this act.

      2.  Any remaining balance of the sum transferred pursuant to subsection 1 must not be committed for expenditure after January 18, 1999, and must be transferred to the Southern Nevada Water Authority as soon as all payments of money committed have been made.

      Sec. 27.  If the Southern Nevada Water Authority receives from the state controller, pursuant to section 9 of this act, any proceeds of a tax imposed pursuant to sections 7 and 8 of this act, the Southern Nevada Water Authority shall:

      1.  Hold a public hearing 10 years after the date the tax was first imposed.

      2.  Provide notice of the time and place of the public hearing in the manner set forth in subsection 5 of section 7 of this act.

      3.  At the public hearing, present a report of its expenditure of the proceeds of the tax and the status of any projects for which those proceeds are being or have been expended.

      Sec. 28.  This act becomes effective upon passage and approval.

________

 


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

ê1997 Statutes of Nevada, Page 2409ê

 

CHAPTER 507, AB 296

Assembly Bill No. 296–Committee on Government Affairs

CHAPTER 507

AN ACT relating to unincorporated towns; requiring the title and a detailed summary of certain proposed ordinances to be published before the meeting at which the ordinance is to be adopted or otherwise acted upon by the town board or board of county commissioners; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 269.155 is hereby amended to read as follows:

      269.155  1.  In addition to the powers and jurisdiction conferred by other laws, the town board or board of county commissioners shall [have the power and duty to pass and adopt] :

      (a)Adopt all ordinances, rules and regulations for any unincorporated town [, and do and perform] ; and

      (b) Perform all other acts [and things] necessary for the execution of the powers and jurisdiction conferred by this chapter.

      2.  [All ordinances shall be signed] Except as otherwise provided in this section and NRS 269.167, each ordinance must be:

      (a) Signed by the chairman of the town board and attested to by the town clerk, or signed by the chairman of the board of county commissioners and attested to by the county clerk [and, except as provided in subsection 3, shall be published] ; and

      (b) Published in full in a newspaper published in [and] or having a general circulation in the county at least once a week for [a period of] 2 weeks before the [same are] ordinance is effective.

      3.  Except as otherwise provided in subsection 4, if the town board or board of county commissioners proposes the adoption of an ordinance for an unincorporated town, the town board or the board of county commissioners shall, not less than 10 days nor more than 20 days before the meeting of the board at which the proposed ordinance is to be adopted or otherwise acted upon, cause the title and a detailed summary of the proposed ordinance to be published in a newspaper published in or having a general circulation in the county.

      4.  Ordinances relating to the issuance of municipal securities , [(] as that term is defined in the Local Government Securities Law , [)] and ordinances adopting any specialized or uniform codes, including , but not limited to , building, electrical and plumbing codes, printed in book or pamphlet form, may be published by title only, together with the names of the members of the town board or the county commissioners voting for or against their passage, in a newspaper published in [and] or having a general circulation in the county, at least once a week for [a period of] 2 weeks before the [same] ordinances are effective. Publication by title [shall also contain] must set forth a statement [to the effect] indicating that typewritten copies of the ordinance are available for inspection at the office of the town clerk or the county clerk by all interested persons.


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

ê1997 Statutes of Nevada, Page 2410 (Chapter 507, AB 296)ê

 

      [4.] 5.  All ordinances of the town or city [in force at] that:

      (a) Are in effect on the date of the assumption of the town board or board of county commissioners of the powers and duties conferred or imposed by this chapter [, and not inconsistent therewith, shall] ; and

      (b) Are not inconsistent with those powers and duties,

remain in [full force] effect and must be enforced until changed or repealed by the board.

      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.  The amendatory provisions of this act do not apply to a proposed ordinance for an unincorporated town that is adopted before October 1, 1997.

________

 

CHAPTER 508, AB 298

Assembly Bill No. 298–Committee on Ways and Means

CHAPTER 508

AN ACT relating to prisoners; providing for residential confinement of certain prisoners who are terminally ill or physically incapacitated; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 6, the director may assign an offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement pursuant to NRS 213.380, for not longer than the remainder of his sentence, if:

      (a) The director has reason to believe that the offender is:

             (1) Physically incapacitated to such a degree that he does not presently, and likely will not in the future, pose a threat to the safety of the public; or

             (2) In ill health and expected to die within 12 months, and does not presently, and likely will not in the future, pose a threat to the safety of the public; and

      (b) At least two physicians licensed pursuant to chapter 630 of NRS, one of whom is not employed by the department, verify, in writing, that the offender is:

             (1) Physically incapacitated; or

             (2) In ill health and expected to die within 12 months.

      2.  If the director intends to assign an offender to the custody of the division of parole and probation pursuant to this section, at least 45 days before the date the offender is expected to be released from the custody of the department, the director shall notify:

 


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ê1997 Statutes of Nevada, Page 2411 (Chapter 508, AB 298)ê

 

before the date the offender is expected to be released from the custody of the department, the director shall notify:

      (a) If the offender will reside within this state after he is released from the custody of the department, the board of county commissioners of the county in which the offender will reside; and

      (b) The division of parole and probation.

      3.  If any victim of a crime committed by the offender has, pursuant to subsection 3 of NRS 213.130, requested to be notified of an application for parole and has provided a current address, the division of parole and probation shall notify the victim that:

      (a) The director intends to assign the offender to the custody of the division of parole and probation pursuant to this section; and

      (b) The victim may submit documents to the division of parole and probation regarding such an assignment.

If a current address has not been provided by a victim as required by subsection 3 of NRS 213.130, the division of parole and probation must not be held responsible if notification is not received by the victim.

      4.  If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:

      (a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department.

      (b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.

      5.  The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:

      (a) A continuation of his imprisonment and not a release on parole; and

      (b) For the purposes of NRS 209.341, an assignment to a facility of the department,

except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department.

      6.  The director may not assign an offender to the custody of the division of parole and probation pursuant to this section if the offender is sentenced to death or imprisonment for life without the possibility of parole.

      7.  An offender does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.


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ê1997 Statutes of Nevada, Page 2412 (Chapter 508, AB 298)ê

 

      Sec. 2.  NRS 209.392 is hereby amended to read as follows:

      209.392  1.  Except as otherwise provided in section 1 of this act and NRS 209.429, the director may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the director pursuant to subsection 3 and who has:

      (a) Established a position of employment in the community;

      (b) Enrolled in a program for education or rehabilitation; or

      (c) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime,

assign the offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his sentence.

      2.  Upon receiving a request to serve a term of residential confinement from an eligible offender, the director shall notify the division of parole and probation. If any victim of a crime committed by the offender has, pursuant to subsection 3 of NRS 213.130, requested to be notified of an application for parole and has provided a current address, the division of parole and probation shall notify the victim of the offender’s request and advise the victim that he may submit documents regarding the request to the division of parole and probation. If a current address has not been provided as required by subsection 3 of NRS 213.130, the division of parole and probation must not be held responsible if such notification is not received by the victim.

      3.  The director, after consulting with the division of parole and probation, shall adopt, by regulation, standards providing which offenders are eligible for residential confinement. The standards adopted by the director must provide that an offender who:

      (a) Is not eligible for parole or release from prison within a reasonable period;

      (b) Has recently committed a serious infraction of the rules of an institution or facility of the department;

      (c) Has not performed the duties assigned to him in a faithful and orderly manner;

      (d) Has ever been convicted of:

             (1) Any crime involving the use or threatened use of force or violence against the victim; or

             (2) A sexual offense;

      (e) Has more than one prior conviction for any felony in this state or any offense in another state that would be a felony if committed in this state, not including a violation of NRS 484.3792 or 484.3795;

      (f) Has escaped or attempted to escape from any jail or correctional institution for adults; or

      (g) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the director, is not eligible for assignment to the custody of the division of parole and probation [of the department of motor vehicles and public safety] to serve a term of residential confinement pursuant to this section.


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

ê1997 Statutes of Nevada, Page 2413 (Chapter 508, AB 298)ê

 

is not eligible for assignment to the custody of the division of parole and probation [of the department of motor vehicles and public safety] to serve a term of residential confinement pursuant to this section.

      4.  If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:

      (a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department . [of prisons.]

      (b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.

      5.  The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:

      (a) A continuation of his imprisonment and not a release on parole; and

      (b) For the purposes of NRS 209.341, an assignment to a facility of the department , [of prisons,]

except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department . [of prisons.

      6.  A person]

      6.  An offender does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      Sec. 3.  NRS 213.371 is hereby amended to read as follows:

      213.371  As used in NRS 213.371 to 213.410, inclusive, unless the context otherwise requires:

      1.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

      2.  “Offender” means a prisoner assigned to the custody of the division pursuant to section 1 of this act or NRS 209.392 or 209.429.

      3.  “Residential confinement” means the confinement of an offender to his place of residence under the terms and conditions established by the division.

      Sec. 4.  NRS 213.380 is hereby amended to read as follows:

      213.380  1.  The division shall establish procedures for the residential confinement of offenders.

      2.  The division may establish, and at any time modify, the terms and conditions of the residential confinement, except that the division shall:

      (a) Require the offender to participate in regular sessions of education, counseling and any other necessary or desirable treatment in the community [;] , unless the offender is assigned to the custody of the division pursuant to section 1 of this act;

 


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ê1997 Statutes of Nevada, Page 2414 (Chapter 508, AB 298)ê

 

[;] , unless the offender is assigned to the custody of the division pursuant to section 1 of this act;

      (b) Require the offender to be confined to his residence during the time he is [away from his] not:

             (1) Engaged in employment or [treatment, or] an activity listed in paragraph (a) that is authorized by the division;

             (2) Receiving medical treatment that is authorized by the division; or

             (3) Engaged in any other activity that is authorized by the division; and

      (c) Require intensive supervision of the offender, including unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms and conditions of his confinement.

      3.  An electronic device approved by the division may be used to supervise an offender if it is minimally intrusive and limited in capability to recording or transmitting information concerning the offender’s presence at his residence, including, but not limited to, the transmission of still visual images which do not concern the offender’s activities while inside his residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the offender’s activities while inside his residence,

must not be used.

      Sec. 5.  NRS 213.400 is hereby amended to read as follows:

      213.400  If an offender is absent, without authorization, from his residence, employment, treatment [or] , including, but not limited to, medical treatment, or any other activity authorized by the division:

      1.  He shall be deemed an escaped prisoner; and

      2.  The chief parole and probation officer may issue a warrant for his arrest. A peace officer shall execute the warrant in the same manner as ordinary criminal process.

      Sec. 6.  NRS 213.1217 is hereby repealed.

      Sec. 7.  The amendatory provisions of section 6 of this act do not apply to prisoners who are released on parole before July 1, 1997.

      Sec. 8.  This act becomes effective on July 1, 1997.

________

 


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ê1997 Statutes of Nevada, Page 2415ê

 

CHAPTER 509, AB 318

Assembly Bill No. 318–Committee on Transportation

CHAPTER 509

AN ACT relating to traffic laws; authorizing the department of transportation to issue a permit for the movement of a manufactured home or mobile home or similar type of vehicle or structure of a certain width upon a showing of good cause; authorizing the department of transportation to adopt regulations establishing standards for the movement of such vehicles or structures; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 484.7615 is hereby amended to read as follows:

      484.7615  The provisions of NRS 484.760, subsection 2 of NRS 484.7605 and NRS 484.762 and 484.7625 do not apply to any highway which is part of the Federal-Aid Primary System, Federal-Aid Secondary System or the Interstate System if their application would prevent this state from receiving any money for highways [under] pursuant to section 127 of Title 23, U.S.C.

      Sec. 2.  NRS 484.7625 is hereby amended to read as follows:

      484.7625  1.  The department of transportation may, upon application in writing, if good cause appears, issue a special or multiple trip-limited time permit in writing authorizing the applicant to move a manufactured or mobile home, or any other similar type of vehicle or structure, in excess of 120 inches in width but not exceeding [168] 192 inches in width, [exclusive of:

      (a) Appendages which must not extend beyond 3 inches on either side; and

      (b) Roof eaves which, in total of both sides, must not extend more than 24 inches.

      2.  If an applicant demonstrates that he may suffer severe economic hardship and the loss of his residence if he is not allowed to move a manufactured or mobile home, or other similar type of vehicle or structure, in excess of 168 inches but not exceeding 192 inches in width, the department of transportation may issue a special one-trip permit in writing authorizing the applicant to move the home, vehicle or structure. Such a permit may be issued if the applicant:

      (a) Owns the home, vehicle or structure at the time the application is made; and

      (b) Intends to reside in the home, vehicle or structure in this state after it is moved.

The department may not issue such a permit to an applicant who purchases such a home, vehicle or structure outside the state and intends to move it into the state for lease, resale or business purposes.

      3.] , including any appendages and roof eaves.

      2.  The movement of a manufactured or mobile home, or a similar type of vehicle or structure, pursuant to subsection 1 [or 2] is, in addition to the conditions and requirements of NRS 484.762, subject to the following requirements and conditions:

 


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ê1997 Statutes of Nevada, Page 2416 (Chapter 509, AB 318)ê

 

conditions and requirements of NRS 484.762, subject to the following requirements and conditions:

      (a) “Wide-load” signs and red flags must be on the front of the towing vehicle and on the rear of the home, vehicle or structure.

      (b) The towing vehicle must be a one-and-one-half-ton or larger truck or tractor equipped with dual wheels.

      (c) The applicant must present evidence satisfactory to the department that he is financially responsible and that he has complied or is able to comply with the equipment requirements.

      (d) As an additional warning to approaching traffic, the towing vehicle must be operated with the headlights turned on low beam.

      (e) The driver of the towing vehicle shall do everything possible to prevent the congestion or slowing down of traffic in either direction [due to] because of the overwidth home, vehicle or structure and shall, if necessary to maintain the normal flow of traffic, drive the towing vehicle and the home, vehicle or structure off the pavement where safe to do so, in order that traffic may pass.

      (f) When two or more homes, vehicles or structures in excess of 120 inches in width are moved over the same highway in the same direction, the drivers of the towing vehicles shall maintain a distance of at least 1,000 feet between vehicles.

      [4.] 3.  The department of transportation shall:

      (a) Designate the highways over which manufactured or mobile homes, or other similar types of vehicles or structures, in excess of 120 inches in width may be moved, and may require a pilot car to precede or follow the load.

      (b) Prescribe [additional regulations relating to moving such] , by regulation, standards for moving homes, vehicles or structures, in excess of 120 inches in width, including the times and days when such moving is permitted, and additional safety precautions to be taken.

      4.  The regulations adopted pursuant to paragraph (b) of subsection 3 may establish different standards that are applicable only to the moving of a manufactured or mobile home, or other similar types of vehicle or structure, that is in excess of 168 inches, excluding any appendages and roof eaves, but does not exceed 192 inches in width, including any appendages and roof eaves.

________

 


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ê1997 Statutes of Nevada, Page 2417ê

 

CHAPTER 510, AB 319

Assembly Bill No. 319–Committee on Government Affairs

CHAPTER 510

AN ACT relating to state property; authorizing state agencies to contract with independent contractors to provide security services under certain circumstances; providing for the qualifications of such independent contractors; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 284 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If personnel of the capitol police division of the department of motor vehicles and public safety are not available to provide security services for a building, office or other facility of a state agency, the state agency may, pursuant to NRS 284.173, contract with one or more independent contractors to provide such services.

      2.  An independent contractor with whom a state agency contracts pursuant to subsection 1 must:

      (a) Be licensed as a private patrolman pursuant to chapter 648 of NRS or employed by a person so licensed; and

      (b) Possess the skills required of and meet the same physical requirements as law enforcement personnel certified by the peace officers’ standards and training committee created pursuant to NRS 481.053.

      Sec. 2.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 511, AB 329

Assembly Bill No. 329–Committee on Ways and Means

CHAPTER 511

AN ACT making an appropriation to the University and Community College System of Nevada for the relocation of the UNR Fire Protection Training Academy to the Dodd-Beals Facility in Carlin, Nevada; and providing other matters properly relating thereto.

 

[Approved July 16, 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 University and Community College System of Nevada the sum of $225,000 for expenses related to the relocation of the UNR Fire Protection Training Academy to the Dodd-Beals Facility in Carlin, Nevada.


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ê1997 Statutes of Nevada, Page 2418 (Chapter 511, AB 329)ê

 

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

________

 

CHAPTER 512, AB 330

Assembly Bill No. 330–Committee on Government Affairs

CHAPTER 512

AN ACT relating to local governments and the division of land; revising various provisions relating to maps of subdivisions of land; authorizing professional land surveyors to request the correction or amendment of certain maps; revising the procedures governing the review of an application for the granting of a variance, special use permit or special exception in certain circumstances; allowing a local government to authorize a planning commission or certain persons to make decisions relating to certain matters of planning and zoning; providing a procedure for an appeal of such decisions; revising the provisions governing the acquisition, vacation or abandonment of certain real property by a local government; requiring that certain signs remain erected until the final disposition of certain applications; expanding the duties of a hearing examiner; revising the requirements relating to final maps and maps of reversion; revising the period during which certain decisions regarding a parcel map may be appealed; authorizing approval of the vacation or abandonment of a street or easement in conjunction with approval of a tentative map; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The governing body may adopt an ordinance that authorizes the director of planning or another person or agency to grant minor deviations from requirements for land use established within a zoning district without conducting a hearing. The ordinance must require an applicant for a minor deviation to obtain the written consent of the owner of any real property that would be affected by the minor deviation.

      2.  If the director of planning or other authorized person or agency grants a deviation in accordance with its authority delegated pursuant to subsection 1, the director of planning or other authorized person or agency shall ensure that the deviation will not impair the purpose of the zoning district or any regulations adopted by the governing body pursuant to NRS 278.250.

      3.  An ordinance adopted pursuant to this section must provide an opportunity for an applicant or other aggrieved person to appeal the decision of the director of planning or other authorized person or agency to the governing body.


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

ê1997 Statutes of Nevada, Page 2419 (Chapter 512, AB 330)ê

 

      Sec. 2.  NRS 278.0145 is hereby amended to read as follows:

      278.0145  “Final map” means a map prepared in accordance with the provisions of NRS [278.010 to 278.630, inclusive, and] 278.325, 278.360 to 278.460, inclusive, 278.472, 278.4725 or 278.4955 and any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.

      Sec. 3.  NRS 278.017 is hereby amended to read as follows:

      278.017  “Parcel map” means a map as provided in NRS 278.461, 278.462, 278.463, 278.464 [, 278.466 and 278.467.] or 278.466.

      Sec. 4.  NRS 278.0201 is hereby amended to read as follows:

      278.0201  1.  In the manner prescribed by ordinance, a governing body may, upon application of any person having a legal or equitable interest in land, enter into an agreement with that person concerning the development of that land. This agreement must describe the land which is the subject of the agreement and specify the duration of the agreement, the permitted uses of the land, the density or intensity of its use, the maximum height and size of the proposed buildings and any provisions for the dedication of any portion of the land for public use. The agreement may fix the period within which construction must commence and provide for an extension of that deadline.

      2.  Unless the agreement otherwise provides, the ordinances, resolutions or regulations applicable to that land and governing the permitted uses of that land, density and standards for design, improvements and construction are those in effect at the time the agreement is made.

      3.  This section does not prohibit the governing body from adopting new ordinances, resolutions or regulations applicable to that land which do not conflict with those ordinances, resolutions and regulations in effect at the time the agreement is made, except that any subsequent action by the governing body must not prevent the development of the land as set forth in the agreement. The governing body is not prohibited from denying or conditionally approving any other plan for development pursuant to any ordinance, resolution or regulation in effect at the time of that denial or approval.

      4.  The provisions of subsection 2 of NRS 278.315 and NRS 278.350 and 278.360 do not apply if an agreement entered into pursuant to this section contains provisions which are contrary to the respective sections.

      Sec. 5.  NRS 278.240 is hereby amended to read as follows:

      278.240  [1.]  Whenever the governing body of [any] a city, county or region [shall have] has adopted a master plan, or one or more subject matters thereof, for the city, county or region, or for [any] a major section or district thereof, no street, square, park, or other public way, ground, or open space [shall] may be acquired by dedication or otherwise, except by bequest, and no street or public way [shall] may be closed or abandoned, and no public building or structure [shall] may be constructed or authorized in the area for which the master plan or one or more subject matters thereof [shall have] has been adopted by the governing body [until the location, character and extent thereof shall have been submitted to and shall have been approved by the planning commission.


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ê1997 Statutes of Nevada, Page 2420 (Chapter 512, AB 330)ê

 

      2.  In case of disapproval thereof by the planning commission, the planning commission shall communicate its reasons to the governing body which may overrule the disapproval by a majority vote of its entire membership.

      3.  If the authorization, acquisition, financing or acceptance of such street, square, park, or other public way, ground, or open space, or the construction or authorization of such public building or structure be vested by law or charter provisions in some governmental body, commission or board other than the governing body of such city, county or region, then such governmental body, commission or board having jurisdiction shall first submit to the planning commission the location, character and extent of the proposed public improvement for its approval. In the event that the planning commission shall disapprove the same, its disapproval may only be overruled by such other governmental body, board or commission by a vote of not less than two-thirds of its entire membership.

      4.  Failure of the commission to act upon such submission within 40 days from and after the date of the official submission to the commission by the governing body or by such other governmental body, board or commission shall be deemed approval by the planning commission.] unless the dedication, closure, abandonment, construction or authorization is approved in a manner consistent with the requirements of the governing body, board or commission having jurisdiction over such a matter.

      Sec. 6.  NRS 278.260 is hereby amended to read as follows:

      278.260  1.  The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts are determined, established [and enforced, and from time to time] , enforced and amended.

      2.  A zoning regulation, restriction or boundary must not become effective until after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:

      (a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; and

      (b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question,

at least 10 days before the hearing.

      3.  If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 400,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to:

      (a) The applicant;

      (b) Each owner, as listed on the county assessor’s records, of real property located within 300 feet of the portion of the boundary being changed;

      (c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and


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

ê1997 Statutes of Nevada, Page 2421 (Chapter 512, AB 330)ê

 

      (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change.

      4.  If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to:

      (a) The applicant;

      (b) Each owner, as listed on the county assessor’s records, of real property located within 500 feet from the portion of the boundary being changed;

      (c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

      (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change.

      5.  The exterior of the notice mailed pursuant to subsection 4 must bear a statement printed in at least 10-point bold type in substantially the following form:

 

OFFICIAL NOTICE OF PUBLIC HEARING

 

      6.  In addition to mailing the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, no later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for [10] 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

      (a) The existing zoning designation of the property in question;

      (b) The proposed zoning designation of the property in question;

      (c) The date, time and place of the public hearing;

      (d) A telephone number which may be used by interested persons to obtain additional information; and

      (e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.

      7.  A sign required pursuant to subsection 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

      8.  A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 6, if any.


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ê1997 Statutes of Nevada, Page 2422 (Chapter 512, AB 330)ê

 

actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

      9.  The governing body shall remove or cause to be removed any sign required by subsection 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

      Sec. 7.  NRS 278.265 is hereby amended to read as follows:

      278.265  1.  Any ordinance enacted pursuant to the provisions of NRS 278.264 must provide, in substance, the same notice of hearing and conduct of hearing safeguards required by [chapter 233B of NRS for contested cases.] NRS 278.315 or 278.480, whichever is applicable.

      2.  The governing body shall , by ordinance , set forth the duties and powers of the hearing examiner, including a statement of whether the hearing examiner may take final action on any matter assigned to him by the governing body.

      3.  The governing body may [only] authorize the hearing examiner to take final action on matters relating to [variances.

      3.] a variance, vacation, abandonment, special use permit, conditional use permit and other special exception or application specified in the ordinance.

      4.  The governing body shall not authorize the hearing examiner to take final action on matters relating to a zoning classification, zoning district or an amendment to a zoning boundary.

      5.  An ordinance adopted pursuant to NRS 278.264 must set forth the manner in which an applicant or protestant may appeal any final action taken by the hearing examiner to the governing body.

      Sec. 8.  NRS 278.315 is hereby amended to read as follows:

      278.315  1.  The governing body may provide by ordinance for the granting of variances, special use permits , conditional use permits or other special exceptions by the board of adjustment , [or] the planning commission [.] or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board [of adjustment or the planning commission,] , commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits , conditional use permits or special exceptions by the board [or commission.] , commission or examiner.

      2.  A hearing to consider an application for the granting of a variance, special use permit , conditional use permit or special exception must be held before the board [or] of adjustment, planning commission or hearing examiner within 65 days after the filing of the application [.] , unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and purpose of the hearing must be sent by mail at least 10 days before the hearing to:

      (a) The applicant;

      (b) Each owner of real property located within 300 feet of the property in question;


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ê1997 Statutes of Nevada, Page 2423 (Chapter 512, AB 330)ê

 

      (c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and

      (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

      3.  If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the property in question. The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

      4.  An ordinance adopted pursuant to this section must provide an opportunity for the applicant or a protestant to appeal from a decision of the board [or] of adjustment, planning commission or hearing examiner to the governing body.

      5.  In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, in addition to mailing the notice required pursuant to subsection 3, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for [10] 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

      (a) The existing permitted use and zoning designation of the property in question;

      (b) The proposed permitted use of the property in question;

      (c) The date, time and place of the public hearing; and

      (d) A telephone number which may be used by interested persons to obtain additional information.

      6.  A sign required pursuant to subsection 5 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

      7.  A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection 5, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

      8.  The governing body shall remove or cause to be removed any sign required by subsection 5 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.


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ê1997 Statutes of Nevada, Page 2424 (Chapter 512, AB 330)ê

 

      Sec. 9.  NRS 278.328 is hereby amended to read as follows:

      278.328  The governing body may, by ordinance, authorize the planning commission to [act finally] take final action on a tentative map and a final map. Any person aggrieved by the commission’s action may [, within 7 days after the issuance of the decision,] appeal the commission’s decision to the governing body [.] within a reasonable period to be determined, by ordinance, by the governing body.

      Sec. 10.  NRS 278.330 is hereby amended to read as follows:

      278.330  1.  The initial action in connection with the making of any subdivision is the preparation of a tentative map.

      2.  The subdivider shall file copies of such map with the planning commission or its designated representative, or with the clerk of the governing body if there is no planning commission, together with a filing fee in an amount determined by the governing body.

      3.  The commission, its designated representative, the clerk or other designated representative of the governing body or, when [permitted] authorized by the governing body, the subdivider or any other appropriate agency shall distribute copies of the map and any accompanying data to all state and local agencies charged with reviewing the proposed subdivision.

      4.  If there is no planning commission, the clerk of the governing body shall submit the tentative map to the governing body at its next regular meeting.

      5.  Except as otherwise provided by subsection 6, if there is a planning commission, it shall [, within 45 days after receiving] :

      (a) In a county whose population is 40,000 or more, within 45 days; or

      (b) In a county whose population is less than 40,000, within 60 days,

after accepting as a complete application a tentative map, recommend approval, conditional approval or disapproval of the map in a written report filed with the governing body.

      6.  If the governing body has authorized the planning commission to [act finally] take final action on a tentative map, the planning commission shall [, within 45 days after receiving] :

      (a) In a county whose population is 40,000 or more, within 45 days; or

      (b) In a county whose population is less than 40,000, within 60 days,

after accepting as a complete application a tentative map, approve, conditionally approve or disapprove the tentative map in the manner provided for in NRS 278.349. It shall file its written decision with the governing body.

      Sec. 11.  NRS 278.349 is hereby amended to read as follows:

      278.349  1.  Except as otherwise provided in subsection 2, the governing body, if it has not authorized the planning commission to [act finally,] take final action, shall, by a majority vote of the members present, approve, conditionally approve, or disapprove a tentative map filed pursuant to NRS 278.330 [within 30 days] :

      (a) In a county whose population is 40,000 or more, within 45 days; or

      (b) In a county whose population is less than 40,000, within 60 days,

after receipt of the planning commission’s recommendations.


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ê1997 Statutes of Nevada, Page 2425 (Chapter 512, AB 330)ê

 

      2.  If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map [within 45 days] :

      (a) In a county whose population is 40,000 or more, within 45 days; or

      (b) In a county whose population is less than 40,000, within 60 days,

after the map is filed with the clerk of the governing body.

      3.  The governing body, or planning commission if it is authorized to [act finally] take final action on a tentative map, shall consider:

      (a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;

      (b) The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision;

      (c) The availability and accessibility of utilities;

      (d) The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks;

      (e) Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;

      (f) General conformity with the governing body’s master plan of streets and highways;

      (g) The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;

      (h) Physical characteristics of the land such as flood plain, slope and soil;

      (i) The recommendations and comments of those entities reviewing the tentative map pursuant to NRS 278.330 to 278.348, inclusive; and

      (j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands.

      4.  The governing body or planning commission shall, by a majority vote of the members present, make a final disposition of the tentative map. Any disapproval or conditional approval must include a statement of the reason for that action.

      Sec. 12.  NRS 278.350 is hereby amended to read as follows:

      278.350  Unless a longer time is provided in an agreement entered into pursuant to NRS 278.0201:

      1.  The time limit for acting and reporting on a tentative or final map may be extended by mutual consent of the subdivider and the governing body or planning commission, as the case may be.

      2.  If no action is taken within the time limits set forth in NRS 278.010 to 278.630, inclusive, a tentative map as filed shall be deemed to be approved, and the clerk of the governing body, or the planning commission if it has been authorized to [act finally,] take final action, shall certify the map as approved.

      3.  The time limits set forth in NRS 278.010 to 278.630, inclusive, for tentative and final maps are suspended for a period, not to exceed 1 year, during which this state or the Federal Government takes any action to protect the environment or an endangered species which prohibits, stops or delays the processing of a tentative map or the development, processing or recordation of a final map.


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ê1997 Statutes of Nevada, Page 2426 (Chapter 512, AB 330)ê

 

during which this state or the Federal Government takes any action to protect the environment or an endangered species which prohibits, stops or delays the processing of a tentative map or the development, processing or recordation of a final map.

      Sec. 13.  NRS 278.360 is hereby amended to read as follows:

      278.360  1.  Unless a longer time is provided in an agreement entered into pursuant to NRS 278.0201:

      (a) Unless the time is extended, the subdivider shall present to the governing body [,] or , the planning commission [if it has been authorized to act finally, a] or the director of planning or other authorized person or agency if authorized to take final action by the governing body, within 2 years after the approval of a tentative map:

             (1) A final map, prepared in accordance with the tentative map, for the entire area for which a tentative map has been approved [, or one of] ; or

             (2) The first of a series of final maps covering a portion of the approved tentative map. The subdivider shall present a successive map in a series of final maps, each covering a portion of the approved tentative map, [within 1 year or] within successive 1-year periods after the date of approval of the [tentative map.] latest final map in the series.

      (b) If the subdivider fails to record a final map for any portion of the tentative map within [1 year] 2 years after the date of approval of the tentative map, or within 1 year after the date of approval of the most recently recorded final map, all proceedings concerning the subdivision are terminated.

      (c) The governing body or planning commission may grant an extension of not more than 1 year for the presentation of any final map after the 1-year period for presenting [the entire final map or next] a successive final map has expired.

      2.  If the subdivider is presenting in a timely manner a series of final maps, each covering a portion of the approved tentative map, no requirements other than those imposed on each of the final maps in the series may be placed on the map when an extension of time is granted unless the requirement is directly attributable to a change in applicable laws which affect the public health, safety or welfare.

      Sec. 14.  NRS 278.380 is hereby amended to read as follows:

      278.380  1.  [Upon] After receipt of the final map [, the] :

      (a) The governing body or planning commission , [shall,] at its next [meeting, or within a period of not more than] meeting; or

      (b) If authorized by the governing body, the director of planning or other authorized person or agency, within 10 days after the map is [filed with] accepted as a complete application by the governing body , [or] planning commission, the director of planning or other authorized person or agency,

shall approve the map if it conforms to all the requirements of NRS 278.010 to 278.630, inclusive, and section 1 of this act and of any local ordinance applicable at the time of approval of the final map, or any rulings made thereunder.

      2.  The governing body , [or] planning commission or director of planning or other authorized person or agency shall at that time also accept or reject [any or] all offers of dedication and may, as a condition precedent to the acceptance of [any] streets or easements, require that the subdivider improve or agree to improve the streets or easements.


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ê1997 Statutes of Nevada, Page 2427 (Chapter 512, AB 330)ê

 

to the acceptance of [any] streets or easements, require that the subdivider improve or agree to improve the streets or easements.

      3.  If an agreement for a required improvement is entered into, the governing body or planning commission may require that the agreement be secured by a good and sufficient bond or other security in the amount determined by the governing body , [or] planning commission [.] or director of planning or other authorized person or agency.

      4.  Any requirement imposed by the planning commission, director of planning or other authorized person or agency pursuant to this section may be appealed to the governing body. If such an appeal is filed, the limit on time to approve or disapprove a final map in subsection 1 is extended until 10 days after the decision of the governing body on the appeal.

      Sec. 15.  NRS 278.385 is hereby amended to read as follows:

      278.385  The governing body , [or] planning commission or director of planning or other authorized person or agency shall not approve any final map for a subdivision served by a public water system which it receives after May 15, 1977, unless the subdivider has submitted plans which provide for the installation of water meters or other devices which will measure water delivered to each water user in the subdivision.

      Sec. 16.  NRS 278.390 is hereby amended to read as follows:

      278.390  Title to property dedicated or accepted for streets and easements passes when the final map is recorded. If at the time the final map is approved any streets are rejected, the offer of dedication shall be deemed to remain open and the governing body or planning commission may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets for public use. Such an acceptance must be recorded in the office of the county recorder and be so noted by the recorder on the subdivision [plot,] plat, if the county recorder does not maintain a cumulative index for such [plots] plats and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the acceptance or amendment.

      Sec. 17.  NRS 278.464 is hereby amended to read as follows:

      278.464  1.  Except as otherwise provided in subsection 2, if there is a planning commission , it shall [, within 45 days after receiving] :

      (a) In a county whose population is 40,000 or more, within 45 days; or

      (b) In a county whose population is less than 40,000, within 60 days,

after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report. The planning commission shall submit the parcel map and the written report to the governing body.

      2.  If the governing body has authorized the planning commission to [act finally] take final action on a parcel map, the planning commission shall [, within 45 days after receiving] :

      (a) In a county whose population is 40,000 or more, within 45 days; or

      (b) In a county whose population is less than 40,000, within 60 days,

after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map. It shall file its written decision with the governing body. Unless the time is extended by mutual agreement, if the planning commission is authorized to [act finally] take final action and it fails to take action within the [45 days after receiving the parcel map,] period specified in this subsection, the parcel map shall be deemed approved.


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ê1997 Statutes of Nevada, Page 2428 (Chapter 512, AB 330)ê

 

final action and it fails to take action within the [45 days after receiving the parcel map,] period specified in this subsection, the parcel map shall be deemed approved.

      3.  If there is no planning commission or if the governing body has not authorized the planning commission to [act finally,] take final action, the governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall [, within 45 days after the parcel map is submitted to] :

      (a) In a county whose population is 40,000 or more, within 45 days; or

      (b) In a county whose population is less than 40,000, within 60 days,

after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection 2 of NRS 278.461, review and approve, conditionally approve or disapprove the parcel map. Unless the time is extended by mutual agreement, if the governing body, the director of planning or other authorized person or agency fails to take action within the [45 days after the parcel map is submitted to the governing body,] period specified in this subsection, the parcel map shall be deemed approved.

      4.  Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map. Before waiving the requirement for a parcel map, a determination must be made by the county surveyor, city surveyor or professional land surveyor appointed by the governing body that a survey is not required. Unless the time is extended by mutual agreement, a request for a waiver must be acted upon [within 45 days] :

      (a) In a county whose population is 40,000 or more, within 45 days; or

      (b) In a county whose population is less than 40,000, within 60 days,

after the date of the request for the waiver, or , in the absence of action , the waiver shall be deemed approved.

      5.  An applicant or other person aggrieved by a decision of the governing body’s authorized representative or by a final act of the planning commission may appeal to the governing body within [30 days.] a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision [within 45 days] :

      (a) In a county whose population is 40,000 or more, within 45 days; or

      (b) In a county whose population is less than 40,000, within 60 days,

after the date the appeal is filed.

      6.  If a parcel map and the associated division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing body’s designated representative or the chairman of the planning commission.

      Sec. 18.  NRS 278.468 is hereby amended to read as follows:

      278.468  1.  If a parcel map is approved or deemed approved pursuant to NRS 278.464, the preparer of the map shall:

      (a) [Record] Cause the approved map to be recorded in the office of the county recorder within 1 year after the date the map met all conditions required for approval. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.


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ê1997 Statutes of Nevada, Page 2429 (Chapter 512, AB 330)ê

 

statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

      (b) Pay a $17 fee to the county recorder for filing and indexing.

      2.  Upon receipt of a parcel map, the county recorder shall file the map in a suitable place. He shall keep proper indexes of parcel maps by the name of grant, tract, subdivision or United States subdivision.

      Sec. 19.  NRS 278.4713 is hereby amended to read as follows:

      278.4713  1.  Unless the filing of a tentative map is waived, [any] a person who proposes to make a division of land [shall first file] pursuant to NRS 278.471 to 278.4725, inclusive, must first:

      (a) File a tentative map for the area in which the land is located with the planning commission [for the area in which the land is located,] , or its designated representative or with the clerk of the governing body if there is no planning commission ; [,] and

      (b) Pay a filing fee of no more than $250 set by the governing body.

      2.  This map must be:

      (a) Entitled “Tentative Map of Division into Large Parcels”; and

      (b) Prepared and certified by a professional land surveyor.

      3.  This map must show:

      (a) The approximate, calculated or actual acreage of each lot and the total acreage of the land to be divided.

      (b) Any roads or easements of access which exist, are proposed in the applicable master plan or are proposed by the person who intends to divide the land.

      (c) Any easements for public utilities which exist or which are proposed.

      (d) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.

      (e) An indication of any existing road or easement which the owner does not intend to dedicate.

      (f) The name and address of the owner of the land.

      Sec. 20.  NRS 278.4715 is hereby amended to read as follows:

      278.4715  1.  The planning commission or, if there is no planning commission, the governing body or its authorized representative may waive the requirement of filing the tentative map.

      2.  If the tentative map is filed with the planning commission or with the governing body [,] or its authorized representative, the planning commission or the governing body or its authorized representative may within 60 days after the filing of the tentative map designate the location and width of any easements for roads and public utilities as shown on the master plan if there is one applicable to the area to be divided, or designate the location and width of any easements for roads and public utilities which may be reasonably necessary to serve the area to be divided if there is no master plan.

      3.  The planning commission or the governing body [has no right to designate any easements] or its authorized representative shall not designate an easement after the expiration of 60 days from the filing of the tentative map.


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ê1997 Statutes of Nevada, Page 2430 (Chapter 512, AB 330)ê

 

      Sec. 21.  NRS 278.472 is hereby amended to read as follows:

      278.472  1.  After the planning commission or the governing body or its authorized representative has approved the tentative map or waived the requirement of its filing, or 60 days after the date of its filing, whichever is earlier, the person who proposes to divide the land may file a final map of the division with the governing body or [,] its authorized representative or, if authorized by [local ordinance,] the governing body, with the planning commission. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

      2.  This map must be:

      (a) Entitled “Map of Division into Large Parcels.”

      (b) Filed with the governing body or its authorized representative or, if authorized by the governing body, with the planning commission not later than 1 year after the date that the tentative map was first filed with the planning commission or the governing body or its authorized representative or that the requirement of its filing was waived.

      (c) Prepared by a professional land surveyor.

      (d) Based upon an actual survey by the preparer and show the date of the survey and contain the certificate of the surveyor required pursuant to NRS 278.375.

      (e) Clearly and legibly drawn in permanent black ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for this purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with permanent black ink.

      (f) Twenty-four by 32 inches in size with a marginal line drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.

      (g) Of scale large enough to show clearly all details.

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

      4.  This map must show and define:

      (a) All subdivision lots by the number and actual acreage of each lot.

      (b) Any roads or easements of access which exist and which the owner intends to offer for dedication, any roads or easements of access which are shown on the applicable master plan and any roads or easements of access which are specially required by the planning commission or the governing body [.] or its authorized representative.

      (c) Any easements for public utilities which exist or are proposed.

      (d) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.

      Sec. 22.  NRS 278.4725 is hereby amended to read as follows:

      278.4725  1.  Except as otherwise provided in this section, if the governing body [or] has authorized the planning commission to take final action on a final map, the planning commission shall approve, conditionally approve or disapprove the final map , basing its action upon the requirements of NRS 278.472 [, within 45 days after its filing.


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ê1997 Statutes of Nevada, Page 2431 (Chapter 512, AB 330)ê

 

approve or disapprove the final map , basing its action upon the requirements of NRS 278.472 [, within 45 days after its filing. A decision made by the planning commission may be appealed to the governing body by any aggrieved person within 45 days after the action of the planning commission.] :

      (a) In a county whose population is 40,000 or more, within 45 days; or

      (b) In a county whose population is less than 40,000, within 60 days,

after accepting the final map as a complete application. The planning commission shall file its written decision with the governing body. Except as otherwise provided in subsection 5, or unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.

      2.  If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or its authorized representative shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:

      (a) In a county whose population is 40,000 or more, within 45 days; or

      (b) In a county whose population is less than 40,000, within 60 days,

after the final map is accepted as a complete application. Except as otherwise provided in subsection 5 or unless the time is extended by mutual agreement, if the governing body or its authorized representative fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.

      3.  An applicant or other person aggrieved by a decision of the authorized representative of the governing body or by a final act of the planning commission may appeal to the governing body within a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision:

      (a) In a county whose population is 40,000 or more, within 45 days; or

      (b) In a county whose population is less than 40,000, within 60 days,

after the date on which the appeal is filed.

      4.  If the map is disapproved, the governing body or its authorized representative or the planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of the changes necessary to render the map acceptable. [Except as otherwise provided in subsection 2, if the governing body or planning commission neither approves nor disapproves the map within 45 days, the map shall be deemed approved unconditionally.

      2.] 5.  If the final map divides the land into 16 lots or more, the governing body or its authorized representative or the planning commission shall not approve a map, and a map shall not be deemed approved, unless:

      (a) Each lot contains an access road that is suitable for use by emergency vehicles; and

      (b) The corners of each lot are set by a professional land surveyor.

      [3.] 6.  If the final map divides the land into 15 lots or less, the governing body or its authorized representative or the planning commission may, if reasonably necessary, require the map to comply with the provisions of subsection [2.


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ê1997 Statutes of Nevada, Page 2432 (Chapter 512, AB 330)ê

 

may, if reasonably necessary, require the map to comply with the provisions of subsection [2.

      4.] 5.

      7.  Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:

      (a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.

      (b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.

      [5.] 8.  The map filed with the county recorder must include:

      (a) A certificate signed and acknowledged by each owner of land to be divided consenting to the preparation of the map, the dedication of the roads and the granting of the easements.

      (b) A certificate signed by the clerk of the governing body or authorized representative of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 or 2 for action by the governing body or its authorized representative or the planning commission has expired and that the requirements of subsection [2] 5 have been met.

      (c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

      [6.] 9.  A governing body may by local ordinance require a final map to include:

      (a) A report from a title company which lists the names of:

             (1) Each owner of record of the land to be divided; and

             (2) Each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust.

      (b) The signature of each owner of record of the land to be divided.

      (c) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the final map. A holder of record may consent by signing:

             (1) The final map; or

             (2) A separate document that is filed with the final map and declares his consent to the division of land.

      [7.] 10.  After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.

      [8.] 11.  The county recorder shall charge and collect for recording the map a fee of not more than $35 per page set by the board of county commissioners.

      Sec. 23.  NRS 278.473 is hereby amended to read as follows:

      278.473  1.  To correct an error or omission in [,] or to amend any recorded subdivision plat, record of survey, parcel map, map of division into large parcels [,] or reversionary map, if the correction or amendment does not change or purport to change the physical location of any survey monument, property line or boundary line, a certificate of amendment must be requested and recorded pursuant to this section.


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does not change or purport to change the physical location of any survey monument, property line or boundary line, a certificate of amendment must be requested and recorded pursuant to this section.

      2.  A certificate of amendment may be requested by:

      (a) The county surveyor to make a correction or amendment which affects land located within the boundaries of an unincorporated area or Carson City;

      (b) The city surveyor or a professional land surveyor appointed by the governing body of the city to make a correction or amendment which affects land located within an incorporated city; [or]

      (c) The planning commission if authorized by local ordinance [.] ; or

      (d) A professional land surveyor registered pursuant to chapter 625 of NRS.

      3.  If a certificate of amendment is requested to correct or amend a record of survey, the surveyor who:

      (a) [Made the survey which is to be amended;] Requests the certificate of amendment; or

      (b) Is responsible for [the] an error or omission which is to be corrected,

shall prepare and record the certificate of amendment within 90 days after he receives notification of the request made pursuant to subsection 2. If the surveyor is no longer professionally active, the county surveyor, city surveyor or a professional land surveyor appointed by the governing body shall prepare and file the certificate.

      4.  The certificate of amendment must:

      (a) Be in the form of a letter addressed to the county surveyor, the city surveyor, a professional land surveyor appointed by the governing body of the city or, if authorized by local ordinance, the planning commission;

      (b) Specify the title, legal description and recording date of the document being corrected or amended;

      (c) Concisely state the data being changed and the correction or amendment;

      (d) Be dated, signed and sealed by the surveyor preparing the certificate; and

      (e) Contain the following statement, dated and signed by the county surveyor, city surveyor or a professional land surveyor appointed by the governing body:

 

       I hereby certify that I have examined the certificate of amendment and that the changes to the original document specified therein are provided for in applicable sections of NRS 278.010 to 278.630, inclusive, 625.340 to 625.380, inclusive, and local ordinances adopted pursuant thereto, and I am satisfied that this certificate of amendment so amends or corrects the document as to make it technically correct.

 

      5.  Upon the recording of a certificate of amendment, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the original document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.


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index is maintained, the county recorder shall direct an appropriate entry for the amendment.

      Sec. 24.  NRS 278.475 is hereby amended to read as follows:

      278.475  1.  To correct an error or omission in or to amend any recorded subdivision plat, record of survey, parcel map, map of division into large parcels [,] or reversionary map, if the correction or amendment changes or purports to change the physical location of any survey monument, property line or boundary line, an amended plat, survey or map must be requested and recorded pursuant to this section.

      2.  An amended plat, survey or map [, which corrects an error or omission,] may be requested by:

      (a) The county surveyor to make a correction or amendment which affects land located within the boundaries of an unincorporated area or Carson City;

      (b) The city surveyor or a professional land surveyor appointed by the governing body of the city to make a correction or amendment which affects land located within an incorporated city; [or]

      (c) The planning commission if authorized by local ordinance [.] ; or

      (d) A professional land surveyor registered pursuant to chapter 625 of NRS.

      3.  Except as otherwise provided in this subsection, a surveyor who [performed] :

      (a) Performed the survey [is] ; or

      (b) Is responsible for [the] an error or omission which is to be corrected , [and]

shall prepare and record the amended plat, survey or map within 90 days after he receives notification of the request made pursuant to subsection 2. The time within which the surveyor must prepare and record the amended plat, survey or map may be extended by the county surveyor, the city surveyor or a professional land surveyor appointed by the governing body of the city or the planning commission. If the surveyor who performed the survey or is responsible for the error or omission is no longer professionally active, the county surveyor, city surveyor or a professional land surveyor appointed by the governing body shall prepare and file the amended plat, survey or map.

      Sec. 25.  NRS 278.477 is hereby amended to read as follows:

      278.477  1.  In addition to the requirements of subsection 2, an amendment of a recorded subdivision plat, parcel map, map of division into large parcels [,] or record of survey which changes or purports to change the physical location of any survey monument, property line or boundary line is subject to the following requirements:

      (a) If the proposed amendment is to a parcel map, map of division into large parcels [,] or record of survey, the same procedures and requirements apply as in the original filing.

      (b) If the proposed amendment is to a subdivision plat, only those procedures for the approval and filing of a final map.

      2.  Any amended subdivision plat, parcel map , map of division into large parcels or record of survey required pursuant to subsection 1 must:


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ê1997 Statutes of Nevada, Page 2435 (Chapter 512, AB 330)ê

 

      (a) Be identical in size and scale to the document being amended, drawn in the manner and on the material provided by law;

      (b) Have the words “Amended Plat of ” prominently displayed on each sheet above the title of the document amended;

      (c) Have a blank margin for the county recorder’s index information;

      (d) Have a 3-inch square adjacent to and on the left side of the existing square for the county recorder’s information and stamp; and

      (e) [Contain or be accompanied by the report of a title company and the certificate required by NRS 278.374 or an order of the district court of the county in which the land is located that the amendment may be approved without all the necessary signatures if the order is based upon a finding that a bona fide effort was made to communicate with the necessary persons, that all persons who responded have consented thereto and that the amendment does not adversely affect the persons who did not respond;

      (f)] Contain a certificate of the professional land surveyor licensed pursuant to chapter 625 of NRS who prepared the amendment stating that it complies with all pertinent sections of NRS 278.010 to 278.630, inclusive, and 625.340 to 625.380, inclusive, and with any applicable local ordinance . [; and

      (g) For a survey recorded in support of an adjusted boundary, contain a certificate executed by the appropriate county surveyor, county engineer, city surveyor or city engineer, if he is licensed as a professional land surveyor or civil engineer pursuant to chapter 625 of NRS stating that he has examined the document and that it is technically correct.]

      3.  Any amended subdivision plat, parcel map, map of division into large parcels or record of survey that is recorded in support of an adjusted boundary must:

      (a) Contain or be accompanied by the report of a title company and the certificate required by NRS 278.374 or an order of the district court of the county in which the land is located that the amendment may be approved without all the necessary signatures if the order is based upon a finding that:

             (1) A bona fide effort was made to notify the necessary persons;

             (2) All persons who responded to the notice have consented to the amendment; and

             (3) The amendment does not adversely affect the persons who did not respond; and

      (b) Contain a certificate executed by the appropriate county surveyor, county engineer, city surveyor or city engineer, if he is registered as a professional land surveyor or civil engineer pursuant to chapter 625 of NRS, stating that he has examined the document and that it is technically correct.

      4.  Upon recording the amended document, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.


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ê1997 Statutes of Nevada, Page 2436 (Chapter 512, AB 330)ê

 

      Sec. 26  NRS 278.480 is hereby amended to read as follows:

      278.480  1.  Except as otherwise provided in subsection 10, any abutting owner or local government desiring the vacation or abandonment of any street or easement owned by a city or a county, or any portion thereof, shall file a petition in writing with the planning commission or [, if there is no planning commission, with] the governing body having jurisdiction.

      2.  [If there is a planning commission, it shall report on the petition to the governing body as set forth in NRS 278.240.] The governing body may establish by ordinance a procedure by which, after compliance with the requirements for notification of public hearing set forth in this section, a vacation or abandonment of a street or an easement may be approved in conjunction with the approval of a tentative map pursuant to NRS 278.349.

      3.  Whenever any street or easement owned by a city or a county is proposed to be vacated, the governing body , or the planning commission or hearing examiner if authorized to take final action by the governing body, shall notify by certified mail each owner of property abutting the proposed abandonment and cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing, which must be not less than 10 days and not more than 40 days after the date the notice is first published.

      4.  Except as provided in subsection 5, if, upon public hearing, the governing body , or the planning commission or hearing examiner if authorized to take final action by the governing body, is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body , or the planning commission or hearing examiner if authorized to take final action by the governing body, may make the order conditional, and the order becomes effective only upon the fulfillment of the conditions prescribed. An applicant or other person aggrieved by the decision of the planning commission or hearing examiner may appeal to the governing body within a reasonable period to be determined, by ordinance, by the governing body.

      5.  If a utility has an easement over the property, the governing body , or the planning commission or hearing examiner if authorized to take final action by the governing body, shall provide in its order for the continuation of that easement.

      6.  The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation title to the street or easement reverts to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city [.] or county. If the governing body sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.


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to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.

      7.  If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner. If the street was not acquired by dedication, the governing body may make its order conditional upon payment by the abutting property owners for their proportionate part of the street of such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against [any] a determination of reasonable consideration which did not take into account the public benefit.

      8.  If an easement for light and air owned by a city or a county is adjacent to a street vacated [under] pursuant to the provisions of this section, the easement is vacated upon the vacation of the street.

      9.  In any vacation or abandonment of any street owned by a city or a county, or any portion thereof, the governing body , or the planning commission or hearing examiner if authorized to take final action by the governing body, may reserve and except therefrom [any] all easements, rights or interests therein which the governing body , or the planning commission or hearing examiner if authorized to take final action by the governing body, deems desirable for the use of the city , the county or [of] any public utility.

      10.  The governing body may establish by local ordinance a simplified procedure for the vacation or abandonment of an easement for a public utility owned or controlled by the governing body.

      Sec. 27.  NRS 278.490 is hereby amended to read as follows:

      278.490  1.  Any owner or governing body desiring to revert any recorded subdivision map, parcel map, map of division into large parcels, or part thereof to acreage or to revert the map or portion thereof , or to revert more than one map recorded under the same tentative map if the parcels to be reverted are contiguous, shall submit a written application accompanied by a map of the proposed reversion which contains the same survey dimensions as the recorded map or maps to the governing body or, if authorized by local ordinance, to the planning commission or other authorized person. The application must describe the requested changes.

      2.  At its next meeting, or within a period of not more than [15] 30 days after the filing of the map of reversion, whichever occurs later, the governing body or, if authorized by local ordinance, the planning commission or other authorized person shall review the map and approve, conditionally approve or disapprove it.

      3.  Except for the provisions of this section, NRS 278.4955, 278.496 and 278.4965 and any provision or local ordinance relating to the payment of fees in conjunction with filing, recordation or checking of a map of the kind offered, no other provision of NRS 278.010 to 278.630, inclusive, applies to a map made solely for the purpose of reversion of a former map or for reversion of any division of land to acreage.

      4.  Upon approval of the map of reversion, it must be recorded in the office of the county recorder. The county recorder shall make a written notation of the fact on each sheet of the previously recorded map affected by the later recording, if the county recorder does not maintain a cumulative index for such maps and amendments.


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ê1997 Statutes of Nevada, Page 2438 (Chapter 512, AB 330)ê

 

notation of the fact on each sheet of the previously recorded map affected by the later recording, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.

      5.  As used in this section, “contiguous” means either abutting directly on the boundary or separated by a street, alley, public right of way, creek, river or the right of way of a railroad or other public service corporation.

      Sec. 28.  NRS 278.4955 is hereby amended to read as follows:

      278.4955  1.  The map of reversion submitted pursuant to NRS 278.490 must contain [the report and] the appropriate certificates required by NRS 278.376 and 278.377 for the original division of the land, any agreement entered into for a required improvement pursuant to NRS 278.380 for the original division of the land, and the certificates required by NRS 278.496 and 278.4965. If the map includes the reversion of any street or easement owned by a city, a county or the state, the provisions of NRS 278.480 must be followed before approval of the map.

      2.  The final map of reversion must be:

      (a) Prepared by a professional land surveyor licensed pursuant to chapter 625 of NRS. The professional land surveyor shall state in his certificate that the map has been prepared from information on a recorded map or maps that [is] are being reverted. The professional land surveyor may state in his certificate that he assumes no responsibility for the existence of the monuments or for correctness of other information shown on or copied from the document. The professional land surveyor shall include in his certificate information which is sufficient to identify clearly the recorded map or maps being reverted.

      (b) Clearly and legibly drawn in black permanent ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such a purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with black permanent ink.

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

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

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

      Sec. 29.  Sections 25 and 28 of this act become effective at 12:01 a.m. on October 1, 1997.

________

 


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ê1997 Statutes of Nevada, Page 2439ê

 

CHAPTER 513, AB 333

Assembly Bill No. 333–Committee on Transportation

CHAPTER 513

AN ACT relating to mass transit; designating the department of transportation as the oversight agency on certain fixed guideway projects; authorizing a regional transportation commission to use certain methods of procurement for such a project and the rolling stock therefor; specifying that certain tax proceeds may be used to pay the cost of such projects; providing for the establishment of monorails in certain counties; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 373 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a commission develops a fixed guideway project, the department of transportation is hereby designated to serve as the oversight agency to ensure compliance with the federal safety regulations for rail fixed guideway systems set forth in 49 C.F.R. Part 659.

      Sec. 2.  NRS 373.020 is hereby amended to read as follows:

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

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

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

      3.  “City” means an incorporated city.

      4.  “Commission” means the regional transportation commission.

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


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ê1997 Statutes of Nevada, Page 2440 (Chapter 513, AB 333)ê

 

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

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

      7.  “Fixed guideway” means a mass transportation facility which uses and occupies a separate right of way or rails exclusively for public transportation, including, without limitation, fixed rail, automated guideway transit and exclusive facilities for buses.

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

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

      [9.] 10.  “Town” means an unincorporated town.

      Sec. 3.  NRS 373.117 is hereby amended to read as follows:

      373.117  1.  A regional transportation commission may establish or operate a public transit system consisting of regular routes and fixed schedules to serve the public.

      2.  A regional transportation commission may lease vehicles to or from or enter into other contracts with a private operator for the provision of such a system.

      3.  In a county whose population is less than 400,000, such a system may also provide service which includes:

      (a) Minor deviations from regular routes and fixed schedules on a recurring basis to serve the public transportation needs of passengers. The deviations must not exceed one-half mile from the regular routes.


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ê1997 Statutes of Nevada, Page 2441 (Chapter 513, AB 333)ê

 

      (b) The transporting of persons upon request without regard to regular routes or fixed schedules, if the service is provided by a common motor carrier which has a certificate of public convenience and necessity issued by the public service commission of Nevada pursuant to NRS 706.386 to 706.411, inclusive, and the service is subject to the rules and regulations adopted by the public service commission for a fully regulated carrier.

      4.  Notwithstanding the provisions of chapter 332 of NRS or NRS 625.530, a regional transportation commission may utilize a turnkey procurement process to select a person to design, build, operate and maintain, or any combination thereof, a fixed guideway system, including, without limitation, any minimum operable segment thereof. The commission shall determine whether to utilize turnkey procurement for a fixed guideway project before the completion of the preliminary engineering phase of the project. In making that determination, the commission shall evaluate whether turnkey procurement is the most cost effective method of constructing the project on schedule and in satisfaction of its transportation objectives.

      5.  Notwithstanding the provisions of chapter 332 of NRS, a regional transportation commission may utilize a competitive negotiation procurement process to procure rolling stock for a fixed guideway project. The award of a contract under such a process must be made to the person whose proposal is determined to be the most advantageous to the commission, based on price and other factors specified in the procurement documents.

      6.  As used in this section:

      (a) “Fully regulated carrier” means a common carrier or contract carrier of passengers or household goods who is required to obtain from the public service commission of Nevada a certificate of public convenience and necessity or a contract carrier’s permit and whose rates, routes and services are subject to regulation by the commission.

      (b) “Minimum operable segment” means the shortest portion of a fixed guideway system that is technically capable of providing viable public transportation between two end points.

      (c) “Public transit system” means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, operated for public use in the conveyance of persons.

      (d) “Turnkey procurement” means a competitive procurement process by which a person is selected by a regional transportation commission, based on evaluation criteria established by the commission, to design, build, operate and maintain, or any combination thereof, a fixed guideway system, or a portion thereof, in accordance with performance criteria and technical specifications established by the commission.

      Sec. 4.  Chapter 37 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the State of Nevada or a city or county seeks to acquire through exercise, or the threat of exercise, of the power of eminent domain all or part of, or the right to operate, a monorail installed or operated pursuant to sections 8 to 15, inclusive, of this act, the owner is entitled, in addition to any other right provided by law:


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ê1997 Statutes of Nevada, Page 2442 (Chapter 513, AB 333)ê

 

      (a) To adequate contractual assurance that, after acquisition, the acquirer will provide service, fares and performance conforming to those existing at the time of acquisition, for the period necessary to protect the usefulness of the monorail to the owner; and

      (b) To approve any future deletions from or reconfigurations of the monorail, including passenger stations.

      2.  The acquirer shall hold the owner and operator harmless from any liability or claim arising after the acquisition from the operation or any change made in the installation of the monorail or from any act or omission of the acquirer or its employees, contractors or agents.

      Sec. 5.  NRS 244.33512 is hereby amended to read as follows:

      244.33512  In a county in which a tax has been imposed pursuant to paragraph (a) of subsection 1 of NRS 244.3351:

      1.  The proceeds of the tax and any applicable penalty or interest must be:

      (a) Remitted to the appropriate city if collected in the incorporated area of any city and not within any transportation district created by the county, or if collected in any transportation district created by a city; or

      (b) Retained by the county if collected elsewhere, and used as provided in this section.

      2.  Except as otherwise provided in subsection 3, if the county has created one or more transportation districts, it shall use any part of the money retained which is collected within the boundaries of a transportation district to pay the cost of:

      (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways, bridges and other public rights of way used primarily for vehicular or fixed guideway traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the district or within 1 mile outside those boundaries if the governing body finds that such projects outside the boundaries of the district will facilitate transportation within the district;

      (b) Payment of principal and interest on notes, bonds or other obligations issued by the county to fund projects described in paragraph (a); or

      (c) Any combination of those uses.

      3.  In addition to those uses set forth in subsection 2, if a county has created one or more transportation districts and all or any portion of those districts are located in an area that is governed by an interstate compact entered into by this state and a state that borders this state, the county may use any part of the money retained which is collected within the boundaries of a transportation district to pay the cost of establishing, operating and maintaining a public transit system within the boundaries of the district, or outside those boundaries if the governing body finds that such a system outside the boundaries of the district will facilitate transportation within the district, or both.

      4.  If the county has entered into an agreement pursuant to NRS 277.080 to 277.170, inclusive, which contemplates later payment by the other party of a portion of the cost of a project which may be funded pursuant to subsection 2, the county may pay from retained proceeds the principal and interest on notes, bonds or other obligations issued in anticipation of that payment.


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ê1997 Statutes of Nevada, Page 2443 (Chapter 513, AB 333)ê

 

interest on notes, bonds or other obligations issued in anticipation of that payment.

      5.  Any part of the money retained which is collected in the unincorporated area of the county and not within any transportation district created by the county or a city must be used for the same purposes within the unincorporated area of the county or within 1 mile outside that area if the board of county commissioners finds that such projects outside that area will facilitate transportation within that area.

      6.  As used in this section, “public transit system” means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, that is operated for the conveyance of members of the general public.

      Sec. 6.  NRS 268.446 is hereby amended to read as follows:

      268.446  1.  Except as otherwise provided in subsection 2, a city that has created one or more transportation districts shall use any part of the money received pursuant to the provisions of NRS 244.3351 which is collected within the boundaries of a transportation district to pay the cost of:

      (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular or fixed guideway traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the district or within 1 mile outside those boundaries if the governing body finds that such projects outside the boundaries of the district will facilitate transportation within the district;

      (b) Payment of principal and interest on notes, bonds or other obligations issued by the city to fund projects described in paragraph (a); or

      (c) Any combination of those uses.

      2.  In addition to those uses set forth in subsection 1, if a city has created one or more transportation districts and all or any portion of those districts is located in an area that is governed by an interstate compact entered into by this state and a state that borders this state, the city may use any part of the money received pursuant to the provisions of NRS 244.3351 which is collected within the boundaries of a transportation district to pay the cost of establishing, operating and maintaining a public transit system within the boundaries of the district, or outside those boundaries if the governing body finds that such a system outside the boundaries of the district will facilitate transportation within the district, or both.

      3.  A city shall use any part of the money received from such a tax which is not collected within the boundaries of a transportation district for the same purposes within the incorporated boundaries of the city or within 1 mile outside those boundaries if the governing body finds that such projects outside those boundaries will facilitate transportation within the incorporated area.

      4.  As used in this section, “public transit system” means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, that is operated for the conveyance of members of the general public.


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ê1997 Statutes of Nevada, Page 2444 (Chapter 513, AB 333)ê

 

      Sec. 7.  Chapter 705 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 15, inclusive, of this act.

      Sec. 8.  As used in sections 8 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 9, 10 and 11 of this act have the meanings ascribed to them in those sections.

      Sec. 9.  “Monorail” means a system to transport passengers that is installed and operated on an exclusive fixed guideway. The term:

      1.  Includes associated passenger stations, power propulsion systems, lots for parking motor vehicles, workshops and other land and structures.

      2.  Does not include a system to transport passengers between two end points with no intermediate stops.

      Sec. 10.  “Operator” means a person who operates a monorail.

      Sec. 11.  “Owner” means a person who has the financial and technical capability to install and operate a monorail and who has applied for a franchise or other agreement to do so.

      Sec. 12.  A person may install and operate a monorail, and perform any work or borrow money preparatory or incident thereto, in a county whose population is 400,000 or more. The owner or operator may:

      1.  Establish the frequency of service and schedules of operation;

      2.  Establish the fares to be charged; and

      3.  Charge and collect fares from passengers.

      Sec. 13.  1.  The work of or incident to the installation and operation of a monorail is not a public work within the meaning of chapter 338 of NRS.

      2.  A monorail is not a public utility within the meaning of chapter 704 of NRS.

      3.  The department of transportation, the county in which a monorail is located or proposed to be located and a city within that county may exercise a power it holds related to transportation to facilitate the installation and operation of a monorail, and may contribute to or assist in the financing of the monorail.

      Sec. 14.  1.  A county whose population is 400,000 or more, and a city within such a county, may adopt an ordinance, in accordance with the provisions of section 15 of this act, to grant franchises for the installation and operation of monorails within the unincorporated area of the county and incorporated area of the city, respectively.

      2.  Before beginning construction of a monorail in a city or in the unincorporated area of a county that has adopted a franchising ordinance, the owner shall apply for a franchise. If the city or county has no such ordinance, the owner may enter into an agreement with the city or county that complies with the provisions of section 15 of this act. Before the city or county may enter into such an agreement, it must provide notice and a public hearing regarding the proposed agreement in the same manner as for an ordinance proposed to be adopted by the city or county under circumstances other than in an emergency.

      3.  The granting of a franchise or making of an agreement under subsection 2 dispenses with any permit otherwise required by the city or county. The city or county may, at the request of the owner, designate an officer or agency to cooperate with the owner to facilitate the installation and operation of the monorail.


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ê1997 Statutes of Nevada, Page 2445 (Chapter 513, AB 333)ê

 

officer or agency to cooperate with the owner to facilitate the installation and operation of the monorail.

      Sec. 15.  An ordinance or agreement authorized pursuant to section 14 of this act:

      1.  Must provide standards for construction and may incorporate existing uniform codes.

      2.  May include requirements for licensing and zoning, and any other restrictions upon the construction and operation of a monorail.

      3.  Must include provisions:

      (a) Addressing the compatibility of a proposed monorail for connection with a system of transportation operated on a public fixed guideway.

      (b) Requiring the owner or operator and any private entity that desires to connect its system of transportation with a monorail to cooperate in such a manner as to provide for the compatibility of passenger stations for such a connection pursuant to terms and conditions that:

             (1) Address the effect of that compatibility on the plans of the owner for his capital investment and provide for a reasonable and equitable allocation of that investment;

             (2) Provide for a reasonable and equitable allocation of the costs to operate and maintain the monorail; and

             (3) Mitigate any other effects on the owner or operator resulting from the provision of that compatibility.

      Sec. 16.  NRS 709.050 is hereby amended to read as follows:

      709.050  1.  The board of county commissioners may grant to any person, company, corporation or association the franchise, right and privilege to construct, install, operate and maintain street railways, electric light, heat and power lines, gas and water mains, telephone and telegraph lines, and all necessary or proper appliances used in connection therewith or appurtenant thereto, in the streets, alleys, avenues and other places in any unincorporated town in the county, and along the public roads and highways of the county, when the applicant complies with the terms and provisions of NRS 709.050 to 709.170, inclusive.

      2.  As used in NRS 709.050 to 709.170, inclusive, “street railway” means:

      (a) A system of public transportation operating over fixed rails on the surface of the ground; or

      (b) [A monorail; or

      (c) Any other] An overhead or underground system , other than a monorail, used for public transportation.

The term does not include a super speed ground transportation system as defined in NRS 705.4292.

      3.  As used in this section, “monorail” has the meaning ascribed to it in section 9 of this act.

      Sec. 17.  NRS 709.290 is hereby amended to read as follows:

      709.290  1.  The county commissioners, town trustees, aldermen, supervisors or other governing body directly entrusted with the management of affairs of any town or city in this state are authorized to sell to the highest responsible bidder any franchise for a street railway through and over any street or streets of such town, according to the provisions of NRS 709.310.


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ê1997 Statutes of Nevada, Page 2446 (Chapter 513, AB 333)ê

 

and over any street or streets of such town, according to the provisions of NRS 709.310.

      2.  As used in NRS 709.290 to 709.360, inclusive, “street railway” means:

      (a) A system of public transportation operating over fixed rails on the surface of the ground; or

      (b) [A monorail; or

      (c) Any other] An overhead or underground system , other than a monorail, used for public transportation.

The term does not include a super speed ground transportation system as defined in NRS 705.4292.

      3.  As used in this section, “monorail” has the meaning ascribed to it in section 9 of this act.

      Sec. 18.  Section 2.250 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1401, is hereby amended to read as follows:

       Sec. 2.250  Powers of city council: Rail transportation. The city council may:

       1.  License, regulate, establish or prohibit any means of transportation which has [a fixed guide or rail] fixed rails in, upon, over or under any public right of way.

       2.  Grant a franchise to any person, firm or corporation to operate any means of transportation in, upon, over or under the public rights of way and adjacent property.

       3.  Declare a nuisance and require the removal of the fixed [guides or] rails of any means of transportation in, upon, over or under any public right of way.

       4.  Subject to NRS 704.300, condemn rights of way for any public purpose across a right of way which is owned or otherwise controlled by any company which owns or operates any means of transportation.

       5.  Prescribe the length of time any public right of way may be obstructed by trains or similar means of conveyance standing on that right of way.

       6.  Require any company which owns or operates any means of transportation to provide protection against injuries to persons or property.

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

       8.  Compel any company which owns or operates any means of transportation to provide a means by which the drainage from the property which is adjacent to its right of way is not to be impaired.

       9.  Subject to NRS 704.300, compel any company which owns or operates any means of transportation to raise or lower its fixed [guides or] rails to conform to any grade which has been or will be established by the city, so that those [guides or] rails may be crossed over or under at any place on the public right of way.


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ê1997 Statutes of Nevada, Page 2447 (Chapter 513, AB 333)ê

 

      Sec. 19.  Section 2.230 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1218, is hereby amended to read as follows:

       Sec. 2.230  Powers of city council: Public transportation.

       1.  The city council may:

       [1.] (a) License, regulate or prohibit the location, construction or installation of public transportation facilities , except a monorail, in any public right of way.

       [2.] (b) Grant franchises to any person or corporation to operate public transportation facilities upon public rights of way and adjacent property.

       [3.] (c) Declare a nuisance and require the removal of the public transportation facilities , except a monorail, in any public right of way.

       [4.] (d) Condemn rights of way for any public purpose across any public transportation facility.

       [5.] (e) Prescribe the length of time any public right of way may be obstructed by public transportation facilities operating thereon.

       2.  As used in this section, “monorail” means a system to transport passengers that is installed and operated on an exclusive fixed guideway. The term:

       (a) Includes associated passenger stations, power propulsion systems, lots for parking motor vehicles, workshops and other land and structures.

       (b) Does not include a system to transport passengers between two end points with no intermediate stops.

      Sec. 20.  This act becomes effective on December 1, 1997.

________

 

CHAPTER 514, AB 346

Assembly Bill No. 346–Assemblymen Anderson, Buckley, Ohrenschall, Evans, Chowning, Freeman, Arberry, Krenzer, Segerblom, Goldwater, Herrera and Lee

CHAPTER 514

AN ACT making an appropriation to the City of Sparks for the remodeling of the Sparks Heritage Museum; and providing other matters properly relating thereto.

 

[Approved July 16, 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 City of Sparks the sum of $60,000 for the remodeling and renovation of the Sparks Heritage Museum and expenses relating to acquiring additional personal property and fixtures for the museum.


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ê1997 Statutes of Nevada, Page 2448 (Chapter 514, AB 346)ê

 

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

________

 

CHAPTER 515, AB 349

Assembly Bill No. 349–Assemblymen Collins, Chowning, Segerblom, Carpenter, Evans, Price, Sandoval, Manendo, Perkins, Buckley, Williams, Berman, Neighbors, Marvel, Von Tobel, Herrera, Ohrenschall, Amodei, Humke, Giunchigliani, Arberry, Bache, Lambert, Parks, Braunlin, Koivisto, Lee, Gustavson, Krenzer, Nolan and Cegavske

CHAPTER 515

AN ACT relating to cities; authorizing a special election to fill vacancies on the governing body of a city; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 266.225 is hereby amended to read as follows:

      266.225  [Any] Except as otherwise provided in section 2 of this act, any vacancy occurring in the office of councilman by death, resignation, removal or otherwise [shall] must be filled by the mayor and city council at the first regular meeting after [such] the vacancy, when the council and the mayor, who [shall have] has the same voting power thereon as a councilman, shall by a majority vote elect some person possessing the requisite qualifications, who shall hold the office until the election and qualification of his successor at the next general city election.

      Sec. 2.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a vacancy occurs on the governing body of a city, the governing body may, in lieu of appointment, declare by resolution a special election to fill the vacancy.

      Sec. 3.  Section 12 of the charter of Boulder City is hereby amended to read as follows:

       Section 12.  Vacancies in council.

       [Vacancies] Except as otherwise provided in section 2 of this act, a vacancy on the council [shall] must be filled by appointment by a majority of the remaining members of the council within 30 days or after three regular or special meetings, whichever is the shorter period of time. In the event of a tie vote among the remaining members of the council, selection [shall] must be made by lot. No such appointment [shall extend] extends beyond the next municipal election.


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ê1997 Statutes of Nevada, Page 2449 (Chapter 515, AB 349)ê

 

      Sec. 4.  Section 1.060 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as last amended by chapter 854, Statutes of Nevada 1989, at page 2058, is hereby amended to read as follows:

       Sec. 1.060  Elective offices: Vacancies.

       Except as otherwise provided in section 2 of this act:

       1.  A vacancy in the city council or in the office of mayor 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 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 elected official.

       2.  The appointee shall serve until the next municipal election and his successor is elected and qualified. At the time of the election, if a balance remains in the term of office to which the appointee was appointed, the successor may be elected only for the balance of that term.

      Sec. 5.  Section 1.060 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, as amended by chapter 854, Statutes of Nevada 1989, at page 2059, is hereby amended to read as follows:

       Sec. 1.060  Elective offices: Vacancies.

       Except as otherwise provided in section 2 of this act:

       1.  A vacancy in the board of councilmen or in the office of mayor must be filled by a majority vote of the members of the board of councilmen within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the board before the vacancy occurs. In such a case, each member of the board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the board pursuant to this section. The appointee must have the same qualifications as are required of the elective official.

       2.  No such appointment [may extend] extends beyond the first Monday in July after the next municipal election, at which election the office must be filled for the remaining unexpired term.

      Sec. 6.  Section 2.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 854, Statutes of Nevada 1989, at page 2059, is hereby amended to read as follows:

       Sec. 2.030  Board of supervisors: Vacancies.

       Except as otherwise provided in section 2 of this act:

       1.  A vacancy in the office of supervisor must be filled by appointment by a majority of the members of the board within 30 days after the occurrence of the vacancy or after three regular or special meetings, whichever is the shorter period of time. A person may be selected to fill a prospective vacancy in the board before the vacancy occurs. In such a case, each member of the board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the board pursuant to this section.


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ê1997 Statutes of Nevada, Page 2450 (Chapter 515, AB 349)ê

 

whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the board pursuant to this section. The appointee must have the qualifications required by section 2.010.

       2.  No such appointment [may extend] extends beyond the first Monday in January after the next general election, at which election a new supervisor must be elected to fill the unexpired term.

      Sec. 7.  Section 1.060 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 854, Statutes of Nevada 1989, at page 2059, is hereby amended to read as follows:

       Sec. 1.060  Elective offices: Vacancies.

       Except as otherwise provided in section 2 of this act:

       1.  A vacancy in the board of supervisors must be filled by a majority vote of the members within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the board before the vacancy occurs. In such a case, each member of the board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the board pursuant to this section. The appointee must have the same qualifications as are required of the elective official.

       2.  No such appointment [may extend] extends beyond the first Monday in July after the next municipal election, at which election the office must be filled.

      Sec. 8.  Section 1.070 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, as amended by chapter 854, Statutes of Nevada 1989, at page 2060, is hereby amended to read as follows:

       Sec. 1.070  Elective offices: Vacancies.

       Except as otherwise provided in section 2 of this act:

       1.  A vacancy in the board of councilmen or in the office of mayor must be filled by a majority vote of the members of the board of councilmen within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the board before the vacancy occurs. In such a case, each member of the board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the board pursuant to this section. The appointee must have the same qualifications as are required of the elective official.

       2.  No such appointment [may extend] extends beyond the first Monday in July after the next municipal election, at which election the office must be filled.

      Sec. 9.  Section 1.070 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 596, Statutes of Nevada 1995, at page 2206, is hereby amended to read as follows:

       Sec. 1.070  Elective Offices: Vacancies.

       Except as otherwise provided in section 2 of this act:


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

ê1997 Statutes of Nevada, Page 2451 (Chapter 515, AB 349)ê

 

       1.  A vacancy in the city council or in the office of mayor or municipal judge must be filled by a majority vote of the members of the city council, or the remaining members in the case of a vacancy in the city council, within 30 days after the occurrence of [such] the vacancy. The appointee must have the same qualifications as are required of the elective official.

       2.  No such appointment [may extend] extends beyond the first regular meeting of the city council after the canvass of returns of the election in which the vacancy is to be filled.

      Sec. 10.  Section 1.160 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 854, Statutes of Nevada 1989, at page 2060, is hereby amended to read as follows:

       Sec. 1.160  Elective offices: Vacancies.

       Except as otherwise provided in section 2 of this act:

       1.  A vacancy in the office of mayor, councilman or municipal judge must be filled by the majority vote of the entire city council within 30 days after the occurrence of that 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.  No appointment [may extend] extends beyond the first regular meeting of the city council [which] that follows the next general municipal election, at which election the office must be filled for the remainder of the unexpired term, or beyond the first regular meeting of the city council after the Tuesday after the first Monday in the next succeeding June in an odd-numbered year, if no general municipal election is held in that year.

      Sec. 11.  Section 1.060 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 854, Statutes of Nevada 1989, at page 2061, is hereby amended to read as follows:

       Sec. 1.060  Elective offices: Vacancies.

       Except as otherwise provided in section 2 of this act:

       1.  A vacancy in the city council or in the office of mayor 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.  No such appointment [may extend] extends beyond the first day of July after the next municipal election, at which election the office must be filled for the remaining unexpired term.


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

ê1997 Statutes of Nevada, Page 2452 (Chapter 515, AB 349)ê

 

      Sec. 12.  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.

       Except as otherwise provided in section 2 of this act:

       1.  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 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.

      Sec. 13.  Section 1.070 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 854, Statutes of Nevada 1989, at page 2061, is hereby amended to read as follows:

       Sec. 1.070  Elective offices; vacancies.

       Except as otherwise provided in section 2 of this act:

       1.  A vacancy in the city council, or in the office of city attorney or municipal judge must be filled by appointment of the mayor, subject to confirmation by 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. If the majority of the council is unable or refuses for any reason to confirm any appointment made by the mayor within 30 days after the vacancy occurs, the city council shall present to the mayor the names of two qualified persons to fill the vacancy. The mayor shall, within 15 days after the presentation, select one of the two qualified persons to fill the vacancy. The appointee must have the same qualifications required of the elected official.


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ê1997 Statutes of Nevada, Page 2453 (Chapter 515, AB 349)ê

 

       2.  A vacancy in the office of the mayor must be filled by the mayor pro tempore. The resulting vacancy in the city council must be filled as provided in subsection 1.

       3.  The appointee or mayor pro tempore, in case of a vacancy in the office of mayor, shall serve until his successor is elected and qualified at the next municipal election to serve the remainder of the unexpired term.

      Sec. 14.  Section 1.060 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, as amended by chapter 854, Statutes of Nevada 1989, at page 2062, is hereby amended to read as follows:

       Sec. 1.060  Elective offices: Vacancies.

       Except as otherwise provided in section 2 of this act:

       1.  A vacancy in the board of councilmen or in the office of mayor must be filled by a majority vote of the members of the board of councilmen within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the board before the vacancy occurs. In such a case, each member of the board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the board pursuant to this section. The appointee must have the same qualifications as are required of the elective official.

       2.  No such appointment [may extend] extends beyond the first Monday in July after the next municipal election, at which election the office must be filled for the remaining unexpired term.

      Sec. 15.  Section 1.060 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 902, is hereby amended to read as follows:

       Sec. 1.060  Elective offices: Vacancies.

       Except as otherwise provided in section 2 of this act:

       1.  A vacancy in the city council or in the office of mayor [shall] must be filled by a majority vote of the members of the city council, or the remaining members, in the case of a vacancy in the city council, within 30 days after the occurrence of [such] the vacancy. The appointee [shall] must have the same qualifications as are required of the elective official.

       2.  No such appointment [shall extend] extends beyond the [1st] first Monday in July after the next municipal election, at which election the office [shall] must be filled.

      Sec. 16.  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.

________

 


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ê1997 Statutes of Nevada, Page 2454ê

 

CHAPTER 516, AB 353

Assembly Bill No. 353–Assemblymen Giunchigliani, Collins, Arberry, Bache, Parks, Koivisto, Goldwater, Herrera, Tiffany, de Braga, Price, Marvel, Ohrenschall, Amodei, Anderson, Freeman, Lee, Buckley, Perkins, Chowning, Manendo, Evans, Krenzer, Segerblom and Neighbors

CHAPTER 516

AN ACT relating to governmental administration; revising provisions governing the review of plans for school facilities; authorizing school districts to enter lease agreements for school facilities with an option to purchase the facilities; requiring the boards of trustees of school districts in certain counties to establish oversight panels for school facilities; prescribing the membership and duties of the oversight panels; increasing the room tax fee and the real property transfer tax for the support of capital projects of school districts; authorizing the board of trustees of each school district to issue bonds without holding an election in certain circumstances; creating the state planning commission for school facilities; prescribing the membership and duties of the commission; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 385.125 is hereby amended to read as follows:

      385.125  1.  The state board may adopt standard plans , designs and specifications for the construction of school buildings by the boards of trustees of the various school districts. If such plans , designs and specifications are adopted, provision [shall] must be made for the production and distribution of such plans , designs and specifications by appropriate rules and regulations. The board of trustees of a school district may use any such plans , designs and specifications if it determines that [they] the plans, designs and specifications are in the best interests of the district.

      2.  [Prior to] Before the adoption of any such standard plans , designs and specifications, the state board shall submit [them] the plans, designs and specifications to the state public works board, whose written approval thereof [shall] must be obtained [prior to] before any further consideration by the state board. The state public works board shall ensure that the plans, designs and specifications comply with all applicable requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 to 12213, inclusive).

      3.  The state public works board may charge and collect and the state board may pay a reasonable fee for the costs incurred by the state public works board in approving the standard plans , designs and specifications submitted.

      Sec. 2.  NRS 387.328 is hereby amended to read as follows:

      387.328  1.  The board of trustees of each school district shall establish a fund for capital projects for the purposes set forth in subsection 1 of NRS 387.335. The money in the fund for capital projects may be transferred to the debt service fund to pay the cost of the school district’s debt service.


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ê1997 Statutes of Nevada, Page 2455 (Chapter 516, AB 353)ê

 

      2.  The board of trustees may accumulate money in the fund for capital projects for a period not to exceed 20 years.

      3.  That portion of the vehicle privilege tax whose allocation to the school district pursuant to NRS 482.180 is based on the amount of the property tax levy attributable to its debt service must be deposited in the county treasury to the credit of the fund established under subsection 1 or the school district’s debt service fund.

      4.  No money in the fund for capital projects at the end of the fiscal year may revert to the county school district fund, nor may the money be a surplus for any other purpose than those specified in subsection 1.

      5.  The proceeds of the taxes deposited in the fund for capital projects pursuant to NRS 244.3354, 268.0962 and 375.070 may be pledged to the payment of the principal and interest on bonds or other obligations issued for one or more of the purposes set forth in NRS 387.335. The proceeds of such taxes so pledged may be treated as pledged revenues for the purposes of subsection 3 of NRS 350.020, and the board of trustees of a school district may issue bonds for those purposes in accordance with the provisions of chapter 350 of NRS.

      Sec. 3.  NRS 387.335 is hereby amended to read as follows:

      387.335  1.  The board of trustees of a county school district may issue its general obligations to raise money for the following purposes, and no others:

      (a) Construction , design or purchase of new buildings for schools, including , but not limited to , teacherages, dormitories, dining halls, gymnasiums and stadiums.

      (b) Enlarging, remodeling or repairing existing buildings or grounds for schools, including , but not limited to , teacherages, dormitories, dining halls, gymnasiums and stadiums.

      (c) Acquiring sites for building schools, or additional real property for necessary purposes related to schools, including , but not limited to , playgrounds, athletic fields and sites for stadiums.

      (d) Paying expenses relating to the acquisition of school facilities which have been leased by a school district pursuant to NRS 393.080.

      (e) Purchasing necessary furniture and equipment for schools. If money from the issuance of general obligations is used to purchase furniture and equipment to replace existing furniture and equipment, and that existing furniture and equipment subsequently is sold, the proceeds from the sale must be applied toward the retirement of those obligations.

      2.  Any one or more of the purposes enumerated in subsection 1 may, by order of the board of trustees entered in its minutes, be united and voted upon as one single proposition.

      3.  Any question submitted pursuant to this section and any question submitted pursuant to NRS 387.3285 may, by order of the board of trustees entered in its minutes, be united and voted upon as a single proposition.

      Sec. 4.  NRS 387.531 is hereby amended to read as follows:

      387.531  1.  Notwithstanding the provisions of any other law, the boards of trustees of county school districts are authorized and empowered to acquire any or all of the facilities or projects specified in [paragraphs (a) to (d), inclusive, of] subsection 1 of NRS 387.335 jointly, as [moneys] money may be made available therefor, including , but not [necessarily] limited to , proceeds of bonds issued pursuant to this chapter.


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ê1997 Statutes of Nevada, Page 2456 (Chapter 516, AB 353)ê

 

money may be made available therefor, including , but not [necessarily] limited to , proceeds of bonds issued pursuant to this chapter.

      2.  Subject to the provisions of NRS 387.541, each such county school district, acting by and through its board of trustees, is authorized and empowered, in its name and upon its behalf, to issue the school district’s negotiable, coupon, general obligation bonds for defraying all or any part of the cost of the facility or project.

      Sec. 5.  Chapter 393 of NRS is hereby amended by adding thereto the provisions set forth as sections 6, 7 and 8 of this act.

      Sec. 6.  1.  The board of trustees of a school district in a county whose population is 100,000 or more shall establish an oversight panel for school facilities, consisting of 11 members selected as follows:

      (a) Six members who are elected representatives of local government, to be determined as follows:

             (1) One member of the board of county commissioners appointed by a majority vote of the board of county commissioners;

             (2) One member of the governing body of each incorporated city in the county, each of whom is appointed by a majority vote of the governing body of which he is a member; and

             (3) If the membership determined pursuant to subparagraphs (1) and (2) is less than six, one additional member of the board of county commissioners appointed by a majority vote of the board of county commissioners and, if applicable, additional members of the governing bodies of incorporated cities in the county, each of whom must be appointed by a majority vote of the governing body of which he is a member, until six members have been appointed. If the membership determined pursuant to this paragraph would result in an unequal number of representatives among the incorporated cities, the membership of the incorporated cities on the oversight panel must be rotated and the board of county commissioners shall draw lots to determine which city or cities will be first represented, which next, and so on.

      (b) Five members appointed by the board of trustees of the county school district to be determined as follows:

             (1) One member who has experience in structural or civil engineering;

             (2) One member who has experience in matters relating to the construction of public works projects;

             (3) One member who has experience in the financing or estimation of the cost of construction projects;

             (4) One member who is a representative of the gaming industry; and

             (5) One member who is a representative of the general public who has an interest in education.

      2.  After the initial terms, the term of each member of the oversight panel is 2 years. Members of the oversight panel are eligible for reappointment.

      Sec. 7.  The board of trustees of a school district in a county whose population is 100,000 or more shall:


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ê1997 Statutes of Nevada, Page 2457 (Chapter 516, AB 353)ê

 

      1.  Provide administrative support to the oversight panel for school facilities established by the board of trustees pursuant to section 6 of this act; and

      2.  Comply with all requests by the oversight panel for information.

      Sec. 8.  1.  On or before July 1 of each even-numbered year, each oversight panel for school facilities established in a county whose population is 100,000 or more pursuant to section 6 of this act and each board of trustees of a school district in a county whose population is less than 100,000 shall submit to the director of the legislative counsel bureau for transmittal to the next regular session of the legislature written recommendations for financing the costs of new construction, design, maintenance and repair of school facilities.

      2.  In a county whose population is 100,000 or more, the oversight panel for school facilities shall review and approve or disapprove a request by the board of trustees of the school district for the issuance of general obligation bonds pursuant to subsection 4 of NRS 350.020.

      Sec. 9.  NRS 393.080 is hereby amended to read as follows:

      393.080  1.  The board of trustees of a school district may:

      (a) Build, purchase or rent schoolhouses and other school buildings, including , but not limited to , teacherages, gymnasiums and stadiums, and dormitories and dining halls as provided in NRS 393.090.

      (b) Enter into lease agreements for school facilities with an option to purchase the facilities.

      (c) Change the location of schools.

      [(c)] (d) Close a school or change the use of the school building to a purpose other than the teaching of kindergarten through 12th grade.

      [(d)] (e) Supervise and inspect the work performed pursuant to a contract to which the provisions of NRS 393.110 apply.

      2.  Any board of trustees which proposes to change the location of a school, close a school or change the use of a school building as provided in subsection 1 shall give 30 days’ written notice to the principal and teachers of the affected school and to the parents of the children attending that school. In addition the board of trustees shall publish a notice of the subject, time and place of the meeting at which the matter will be considered, in a newspaper of general circulation in the county at least 10 days before the meeting.

      Sec. 10.  NRS 393.110 is hereby amended to read as follows:

      393.110  1.  Except as otherwise provided in subsection 2:

      (a) Unless standard plans , designs and specifications are to be used as provided in NRS 385.125, before letting any contract or contracts for the erection of any new school building, the board of trustees of a school district shall submit plans , designs and specifications therefor to and obtain the written approval of the plans , designs and specifications by the state public works board. The state public works board is authorized to charge and collect, and the board of trustees is authorized to pay, a reasonable fee for the payment of any costs incurred by the state public works board in securing the approval of qualified architects or engineers of the plans , designs and specifications submitted by the board of trustees in compliance with the provisions of this paragraph.


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ê1997 Statutes of Nevada, Page 2458 (Chapter 516, AB 353)ê

 

      (b) Before letting any contract or contracts for any addition to or alteration of an existing school building which involves structural systems, or exiting, sanitary or fire protection facilities, the board of trustees of a school district shall submit plans , designs and specifications therefor to and obtain the written approval of the plans , designs and specifications by the state public works board. The state public works board is authorized to charge and collect, and the board of trustees is authorized to pay, a reasonable fee for the payment of any costs incurred by the state public works board in securing the approval of qualified architects or engineers of the plans , designs and specifications submitted by the board of trustees in compliance with the provisions of this paragraph.

The state public works board shall ensure that all plans, designs and specifications that it reviews pursuant to this section comply with all applicable requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 to 12213, inclusive).

      2.  Upon the request of a board of trustees of a school district, or its designated representative, the state public works board may waive the requirements specified in subsection 1 and delegate its powers and duties thereunder to the district.

      3.  If the state public works board waives the requirements of subsection 1 and delegates its powers and duties thereunder to a school district, the school district shall submit a copy of its final plans , designs and specifications for any project to which that section applies to the building and planning department of the appropriate city or county before completion of the project.

      4.  No contract for any of the purposes specified in subsection 1 made by a board of trustees of a school district contrary to the provisions of this section is valid, nor shall any public money be paid for erecting, adding to or altering any school building in contravention of this section.

      Sec. 11.  NRS 244.3352 is hereby amended to read as follows:

      244.3352  1.  The board of county commissioners [in each county] :

      (a) In a county whose population is 400,000 or more, shall impose a tax at a rate of 2 percent; and

      (b) In a county whose population is less than 400,000, shall impose a tax at the rate of 1 percent ,

of the gross receipts from the rental of transient lodging in that county upon all persons in the business of providing lodging. This tax must be imposed by the board of county commissioners in each county, regardless of the existence or nonexistence of any other license fee or tax imposed on the revenues from the rental of transient lodging. The ordinance imposing the tax must include a schedule for the payment of the tax and the provisions of subsection 4.

      2.  The tax imposed pursuant to subsection 1 must be collected and administered pursuant to NRS 244.335.

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


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ê1997 Statutes of Nevada, Page 2459 (Chapter 516, AB 353)ê

 

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

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

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

      5.  As used in this section, “gross receipts from the rental of transient lodging” does not include the tax imposed and collected from paying guests pursuant to this section or NRS 268.096.

      Sec. 11.5.  NRS 244.3354 is hereby amended to read as follows:

      244.3354  [1.]  The proceeds of the tax imposed pursuant to NRS 244.3352 and any applicable penalty or interest must be distributed as follows:

      1.  In a county whose population is 400,000 or more:

      (a) Three-eighths of the first 1 percent of the proceeds must be paid to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism.

      (b) Five-eighths of the first 1 percent of the proceeds must be deposited with the county fair and recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the board of county commissioners, to be used to advertise the resources of that county related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.

      (c) The remaining proceeds must be transmitted to the county treasurer for deposit in the county school district’s fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

      2.  In a county whose population is less than 400,000:

      (a) Three-eighths must be paid to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism.

      (b) Five-eighths must be deposited with the county fair and recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the board of county commissioners, to be used to advertise the resources of that county related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.

      [2.  In a county whose population is 400,000 or more, the money deposited pursuant to paragraph (b) of subsection 1 may also be used in the manner authorized by NRS 244A.622.]

      Sec. 12.  NRS 244.3354 is hereby amended to read as follows:

      244.3354  The proceeds of the tax imposed pursuant to NRS 244.3352 and any applicable penalty or interest must be distributed as follows:

      1.  In a county whose population is 400,000 or more:


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ê1997 Statutes of Nevada, Page 2460 (Chapter 516, AB 353)ê

 

      (a) Three-eighths of the first 1 percent of the proceeds must be paid to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism.

      (b) [Five-eighths of the first 1 percent of the proceeds must be deposited with the county fair and recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the board of county commissioners, to be used to advertise the resources of that county related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.

      (c)] The remaining proceeds must be transmitted to the county treasurer for deposit in the county school district’s fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

      2.  In a county whose population is less than 400,000:

      (a) Three-eighths must be paid to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism.

      (b) Five-eighths must be deposited with the county fair and recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the board of county commissioners, to be used to advertise the resources of that county related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.

      Sec. 13.  NRS 244.3359 is hereby amended to read as follows:

      244.3359  1.  A county whose population is 400,000 or more shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991, except pursuant to NRS 244.3351 [.] and 244.3352.

      2.  A county whose population is 100,000 or more but less than 400,000 shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991.

      3.  The legislature hereby declares that the limitation imposed by subsection 2 will not be repealed or amended except to allow the imposition of an increase in such a tax for the promotion of tourism or for the construction or operation of tourism facilities by a convention and visitors authority.

      Sec. 14.  NRS 268.096 is hereby amended to read as follows:

      268.096  1.  The city council or other governing body of each incorporated city :

      (a) In a county whose population is 400,000 or more, shall impose a tax at a rate of 2 percent; and

      (b) In a county whose population is less than 400,000, shall impose a tax at the rate of 1 percent ,

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


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ê1997 Statutes of Nevada, Page 2461 (Chapter 516, AB 353)ê

 

ordinance imposing the tax must include a schedule for the payment of the tax and the provisions of subsection 4.

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

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

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

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

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

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

      Sec. 14.5.  NRS 268.0962 is hereby amended to read as follows:

      268.0962  [1.]  The proceeds of the tax imposed pursuant to NRS 268.096 and any applicable penalty or interest must be distributed as follows:

      1.  In a county whose population is 400,000 or more:

      (a) Three-eighths of the first 1 percent of the proceeds must be paid to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism.

      (b) Five-eighths of the first 1 percent of the proceeds must be deposited with the county fair and recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the board of county commissioners, to be used to advertise the resources of that county related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.

      (c) The remaining proceeds must be transmitted to the county treasurer for deposit in the county school district’s fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

      2.  In a county whose population is less than 400,000:

      (a) Three-eighths must be paid to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism.

      (b) Five-eighths must be deposited with the county fair and recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the city council or other governing body of the incorporated city, to be used to advertise the resources of that county or incorporated city related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.


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ê1997 Statutes of Nevada, Page 2462 (Chapter 516, AB 353)ê

 

entertainment, natural resources and climate, and to promote special events related thereto.

      [2.  In a county whose population is 400,000 or more, the money deposited pursuant to paragraph (b) of subsection 1 may also be used in the manner authorized by NRS 244A.622.]

      Sec. 15.  NRS 268.0962 is hereby amended to read as follows:

      268.0962  The proceeds of the tax imposed pursuant to NRS 268.096 and any applicable penalty or interest must be distributed as follows:

      1.  In a county whose population is 400,000 or more:

      (a) Three-eighths of the first 1 percent of the proceeds must be paid to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism.

      (b) [Five-eighths of the first 1 percent of the proceeds must be deposited with the county fair and recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the board of county commissioners, to be used to advertise the resources of that county related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.

      (c)] The remaining proceeds must be transmitted to the county treasurer for deposit in the county school district’s fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

      2.  In a county whose population is less than 400,000:

      (a) Three-eighths must be paid to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism.

      (b) Five-eighths must be deposited with the county fair and recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the city council or other governing body of the incorporated city, to be used to advertise the resources of that county or incorporated city related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.

      Sec. 16.  NRS 268.0968 is hereby amended to read as follows:

      268.0968  1.  Except as otherwise provided in NRS 268.096 and 268.801 to 268.808, inclusive, a city located in a county whose population is 400,000 or more shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991.

      2.  A city located in a county whose population is 100,000 or more but less than 400,000 shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991.

      3.  The legislature hereby declares that the limitation imposed by subsection 2 will not be repealed or amended except to allow the imposition of an increase in such a tax for the promotion of tourism or for the construction or operation of tourism facilities by a convention and visitors authority.


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ê1997 Statutes of Nevada, Page 2463 (Chapter 516, AB 353)ê

 

      Sec. 17.  NRS 350.004 is hereby amended to read as follows:

      350.004  1.  Before any proposal to incur a general obligation debt or levy a special elective tax may be submitted to the electors of a municipality, before any issuance of general obligation bonds pursuant to subsection 4 of NRS 350.020 or before any other formal action may be taken preliminary to the incurrence of any general obligation debt, the proposed incurrence or levy must receive the favorable vote of two-thirds of the members of the commission of each county in which the municipality is situated.

      2.  Before the board of trustees of a district organized or reorganized pursuant to chapter 318 of NRS whose population within its boundaries is less than 5,000, borrows money or issues securities to evidence such borrowing, other than securities representing a general obligation debt, the proposed borrowing or issuing of securities must receive the favorable vote of a majority of the members of the commission of each county in which the district is situated.

      3.  When any municipality other than a general improvement district whose population within its boundaries is less than 5,000, issues any special obligations, it shall so notify in its annual report the commission of each county in which any of its territory is situated.

      4.  The commission shall not approve any proposal submitted to it pursuant to this section by a municipality:

      (a) Which, if the proposal is for the financing of a capital improvement, is not included in its plan for capital improvement submitted pursuant to NRS 350.0035, if such a plan is required to be submitted; or

      (b) If, based upon:

             (1) Estimates of the amount of tax revenue from ad valorem taxes needed for the special elective tax, or to repay the general obligation debt, and the dates that revenue will be needed, as provided by the municipality;

             (2) Estimates of the assessed valuation of the municipality for each of the years in which tax revenue is needed, as provided by the municipality;

             (3) The amount of any other required levies of ad valorem taxes, as shown on the most recently filed final budgets of each entity authorized to levy ad valorem taxes on any property within the municipality submitting the proposal; and

             (4) Any other factor the municipality discloses to the commission,

the proposal would result in a combined property tax rate in any of the overlapping entities within the county which exceeds the limit provided in NRS 361.453, unless the proposal also includes an agreement approved by the governing bodies of all affected municipalities within the area as to how the combined property tax rates will be brought into compliance with the statutory limitation.

      5.  If general obligation debt is to be incurred more than 36 months after the approval of that debt by the commission, the governing body of the municipality shall obtain the approval of the executive director of the department of taxation before incurring the general obligation debt. The executive director shall approve the proposal if, based on the information set forth in paragraph (b) of subsection 4 that is accurate as of the date on which the governing body submits its request for approval to the executive director:

 


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ê1997 Statutes of Nevada, Page 2464 (Chapter 516, AB 353)ê

 

which the governing body submits its request for approval to the executive director:

      (a) Incurrence of the general obligation debt will not result in a combined property tax rate in any of the overlapping entities within the county which exceeds the limit provided in NRS 361.453; or

      (b) The proposal includes an agreement approved by the governing bodies of all affected municipalities within the area as to how the combined tax rates will be brought into compliance with the statutory limitation.

The approval of the executive director is effective for 18 months. The governing body of the municipality may renew that approval for successive periods of 18 months by filing an application for renewal with the executive director. Such an application must be accompanied by the information set forth in paragraph (b) of subsection 4 that is accurate as of the date the governing body files the application for renewal.

      6.  If the executive director does not approve a proposal submitted to him pursuant to subsection 5, the governing body of the municipality may appeal his decision to the Nevada tax commission.

      Sec. 18.  NRS 350.020 is hereby amended to read as follows:

      350.020  1.  Except as otherwise [permitted by subsection 3, when] provided by subsections 3 and 4, if any municipality proposes to issue or incur general obligations, the proposal must be submitted to the electors of the municipality at a special election called for that purpose or the next primary or general municipal election or primary or general state election.

      2.  Such a special election may be held:

      (a) At any time if the governing body of the municipality determines, by a unanimous vote, that an emergency exists; or

      (b) On the first Tuesday after the first Monday in June of an odd-numbered year. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.

      3.  If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net revenue of a project to be financed by its issue, and the governing body determines, by an affirmative vote of two-thirds of the members elected to the governing body, that the pledged revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may, after a public hearing, incur this general obligation without an election unless, within 60 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not less than 5 percent of the registered voters of the municipality who together with any corporate petitioners own not less than 2 percent in assessed value of the taxable property of the municipality.


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ê1997 Statutes of Nevada, Page 2465 (Chapter 516, AB 353)ê

 

property of the municipality. Any member elected to the governing body whose authority to vote is limited by charter, statute or otherwise may vote on the determination required to be made by the governing body pursuant to this subsection. The determination by the governing body becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election and assessed values must be determined from the next preceding final assessment roll. An authorized corporate officer may sign such a petition whether or not he is a registered voter. The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. Notice of the public hearing must be published at least 10 days before the day of the hearing. The publications must be made once in a newspaper of general circulation in the municipality. When published, the notice of the public hearing must be at least as large as 5 inches high by 4 inches wide.

      4.  Until June 30, 2008, the board of trustees of a school district may issue general obligation bonds which are not expected to result in an increase in the existing property tax levy for the payment of bonds of the school district without holding an election for each issuance of the bonds if the qualified electors approve a question submitted by the board of trustees that authorizes issuance of bonds in such a manner. If the question is approved, the board of trustees of the school district may issue the bonds, after obtaining the approval of the debt management commission in the county in which the school district is located and, in a county whose population is 100,000 or more, the approval of the oversight panel for school facilities established pursuant to section 6 of this act in that county, if the board of trustees of the school district finds that the existing tax for debt service will at least equal the amount required to pay the principal and interest on the outstanding general obligations of the school district and the general obligations proposed to be issued. The finding made by the board of trustees is conclusive in the absence of fraud or gross abuse of discretion. As used in this subsection, “general obligations” does not include medium-term obligations issued pursuant to NRS 350.085 to 350.095, inclusive.

      5.  At the time of issuance of bonds authorized pursuant to subsection 4, the board of trustees shall establish a reserve account in its debt service fund for payment of the outstanding bonds of the school district. The reserve account must be established and maintained in an amount at least equal to the lesser of the amount of principal and interest payments due on all of the outstanding bonds of the school district in the next fiscal year or 10 percent of the outstanding principal amount of the outstanding bonds of the school district. If the amount in the reserve account falls below the amount required by this subsection:

      (a) The board of trustees shall not issue additional bonds pursuant to subsection 4 until the reserve account is restored to the level required by this subsection; and

      (b) The board of trustees shall apply all of the taxes levied by the school district for payment of bonds of the school district that are not needed for payment of the principal and interest on bonds of the school district in the current fiscal year to restore the reserve account to the level required pursuant to this subsection.


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ê1997 Statutes of Nevada, Page 2466 (Chapter 516, AB 353)ê

 

current fiscal year to restore the reserve account to the level required pursuant to this subsection.

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

      Sec. 19.  NRS 350.2013 is hereby amended to read as follows:

      350.2013  [No] Except as otherwise provided in subsection 4 of NRS 350.020, no security may be issued or sold by a political subdivision of this state after the expiration of 6 years from the date of the election authorizing such issue, if an election is required by any law whenever enacted.

      Sec. 20.  NRS 375.020 is hereby amended to read as follows:

      375.020  1.  A tax, at the rate of [65 cents] :

      (a) In a county whose population is 400,000 or more, $1.25; and

      (b) In a county whose population is less than 400,000, 65 cents,

for each $500 of value or fraction thereof, is hereby imposed on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, if the consideration or value of the interest or property conveyed, exclusive of the value of any lien or encumbrance remaining on the interest or property at the time of sale, exceeds $100.

      2.  The amount of tax must be computed on the basis of the value of the transferred real property as declared pursuant to NRS 375.060.

      Sec. 21.  NRS 375.070 is hereby amended to read as follows:

      375.070  1.  The county recorder shall transmit the proceeds of the real property transfer tax at the end of each quarter in the following manner:

      (a) An amount equal to that portion of the proceeds which is equivalent to 10 cents for each $500 of value or fraction thereof must be transmitted to the state treasurer who shall deposit that amount in the account for low-income housing created pursuant to NRS 319.500.

      (b) In a county whose population is more than 400,000, an amount equal to that portion of the proceeds which is equivalent to 60 cents for each $500 of value or fraction thereof must be transmitted to the county treasurer for deposit in the county school district’s fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

      (c) The remaining proceeds must be transmitted to the county treasurer, who shall in Carson City, and in any county where there are no incorporated cities, deposit them all in the general fund, and in other counties deposit 25 percent of them in the general fund and apportion the remainder as follows:

             (1) If there is one incorporated city in the county, between that city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.

             (2) If there are two or more cities in the county, among the cities in proportion to their respective populations.

      2.  If there is any incorporated city in a county, the county recorder shall charge each city a fee equal to 2 percent of the real property transfer tax which is transferred to that city.


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ê1997 Statutes of Nevada, Page 2467 (Chapter 516, AB 353)ê

 

      Sec. 22.  As used in sections 22 to 25, inclusive, of this act, unless the context otherwise requires:

      1.  “Commission” means the state planning commission for the new construction, design, maintenance and repair of school facilities created pursuant to section 23 of this act.

      2.  “Construction” means the use of the resources of material and labor to produce a facility or structure, including, but not limited to, assembling, building or erecting.

      3.  “Design” means any short-term or long-term planning relating to the design of school facilities that is conducted before the solicitation of bids, including, but not limited to, architectural plans.

      4.  “Maintenance” means activities to preserve the useful life of a facility or structure.

      5.  “Repair” means activities of construction or maintenance to restore the useful function of a facility or structure.

      Sec. 23.  1.  There is hereby created the state planning commission for the new construction, design, maintenance and repair of school facilities. The membership of the commission consists of nine members selected as follows:

      (a) One member of the senate standing committee on finance, appointed by the majority leader of the senate;

      (b) One member of the senate standing committee on human resources and facilities, appointed by the majority leader of the senate;

      (c) One member of the assembly standing committee on ways and means, appointed by the speaker of the assembly;

      (d) One member of the assembly standing committee on education, appointed by the speaker of the assembly;

      (e) The superintendent of public instruction; and

      (f) Four members appointed by the governor, one of whom must be a representative of the construction industry.

      2.  The members of the commission shall elect a chairman from among their members.

      3.  Except during a regular or special session of the legislature, for each day or portion of a day during which a member of the commission who is a legislator attends a meeting of the commission or is otherwise engaged in the work of the commission, he is entitled to receive the:

      (a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session;

      (b) Per diem allowance provided for state officers and employees generally; and

      (c) Travel expenses pursuant to NRS 218.2207.

The compensation, per diem allowances and travel expenses of the members of the commission who are legislators must be paid from the legislative fund.

      4.  For each day or portion of a day during which a member of the commission who is not a legislator attends a meeting of the commission or is otherwise engaged in the work of the commission, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, if the legislature has made an appropriation or otherwise made available money for this purpose.


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ê1997 Statutes of Nevada, Page 2468 (Chapter 516, AB 353)ê

 

officers and employees generally, if the legislature has made an appropriation or otherwise made available money for this purpose.

      Sec. 24.  1.  The commission shall hold at least four meetings annually and may hold additional meetings at the call of the chairman.

      2.  The commission, in consultation with the state public works board or its designee shall:

      (a) Analyze the projections for the enrollment of pupils in each school district for the succeeding 10 years;

      (b) Enter into a contract with a qualified, independent consultant to conduct an evaluation of existing school facilities in each school district in this state and to provide additional assistance as requested by the commission;

      (c) Based upon the evaluation, determine the need, if any, for:

             (1) The maintenance and repair of existing school facilities in each school district, including, without limitation, the costs of such maintenance or repair; and

             (2) New school facilities in each school district, including, without limitation, the costs of such new facilities;

      (d) Determine whether the current system of financing the costs of new construction, design, maintenance and repair of school facilities is sufficient to:

             (1) Pay the interest and redemption of outstanding bonds of each school district; and

             (2) Meet the needs for new school facilities and the maintenance and repair of existing school facilities in each school district;

      (e) Analyze the efforts being made by each school district relating to the financing of the costs of the construction, design, maintenance and repair of school facilities;

      (f) Consider the manner in which the boards of trustees of school districts in this state may enter into agreements with the University and Community College System of Nevada to share resources and facilities;

      (g) Determine the feasibility of adopting uniform plans for the construction of new school facilities throughout this state; and

      (h) Identify any improvements that are necessary to ensure that existing school facilities comply with all applicable requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 to 12213, inclusive).

      3.  On or before December 1, 1998, the commission shall, based upon the evaluation of existing school facilities conducted by the consultant pursuant to this section and the written recommendations and other information submitted by each oversight panel for school facilities and each board of trustees in a county whose population is less than 100,000 pursuant to section 25 of this act, develop a plan by which each school district in this state may adequately finance the costs of new construction, design, maintenance and repair of school facilities in the school district. The plan must provide for the efficient use of resources in the new construction, design, maintenance and repair of school facilities.

      4.  On or before December 31, 1998, the commission shall submit to the director of the legislative counsel bureau for transmission to the 70th session of the Nevada legislature:


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ê1997 Statutes of Nevada, Page 2469 (Chapter 516, AB 353)ê

 

      (a) A written report of its findings pursuant to subsection 2;

      (b) The plan developed by the commission pursuant to subsection 3; and

      (c) Any recommendations for legislation that are not contained in the plan.

      5.  The board of trustees of each school district shall:

      (a) Comply with all requests by the commission for information, including, without limitation, the projections for the enrollment of pupils in a school district for the succeeding 10 years; and

      (b) Otherwise cooperate with the commission in carrying out its duties pursuant to this section.

      Sec. 25.  1.  On or before July 1, 1998, each oversight panel for school facilities established in a county whose population is 100,000 or more pursuant to section 6 of this act and each board of trustees of a school district in a county whose population is less than 100,000 shall:

      (a) Submit to the commission written recommendations for financing the costs of new construction, design, maintenance and repair of school facilities;

      (b) Provide any other information relating to the new construction, design, maintenance and repair of school facilities requested by the commission; and

      (c) Otherwise work cooperatively with the commission in the development and revision of a plan for financing the costs of new construction, design, maintenance and repair of school facilities.

      2.  In a county whose population is 100,000 or more, the oversight panel for school facilities shall review and approve or disapprove a request by the board of trustees of the school district for the issuance of general obligation bonds pursuant to subsection 4 of NRS 350.020.

      Sec. 26.  Section 8 of this act is hereby amended to read as follows:

       Sec. 8.  [1.]  On or before July 1 of each even-numbered year, each oversight panel for school facilities established in a county whose population is 100,000 or more pursuant to section 6 of this act and each board of trustees of a school district in a county whose population is less than 100,000 shall submit to the director of the legislative counsel bureau for transmittal to the next regular session of the legislature written recommendations for financing the costs of new construction, design, maintenance and repair of school facilities.

       [2.  In a county whose population is 100,000 or more, the oversight panel for school facilities shall review and approve or disapprove a request by the board of trustees of the school district for the issuance of general obligation bonds pursuant to subsection 4 of NRS 350.020.]

      Sec. 27.  On or before September 1, 1997, the appointing authorities set forth in section 6 of this act shall appoint the members to each oversight panel for school facilities established in a county whose population is 100,000 or more pursuant to section 6 of this act. The initial terms of the members who are elected representatives of local government expire on December 31, 1998. The initial terms of the remaining members of the oversight panel expire on December 31, 1999.


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ê1997 Statutes of Nevada, Page 2470 (Chapter 516, AB 353)ê

 

      Sec. 28.  As soon as practicable, the governor, the majority leader of the senate and the speaker of the assembly shall, pursuant to section 23 of this act, appoint the members of the state planning commission for the new construction, design, maintenance and repair of school facilities.

      Sec. 29.  1.  There is hereby appropriated from the state general fund to the state planning commission for the new construction, design, maintenance and repair of school facilities created pursuant to section 23 of this act the sum of $300,000 for use by the state planning commission for:

      (a) The evaluation of existing school facilities to be conducted by a consultant pursuant to section 24 of this act; and

      (b) Expenses relating to the operation of the state planning commission.

      2.  Any remaining balance of the appropriation made by subsection 1 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. 30.  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. 31.  1.  This section and sections 1 to 7, inclusive, 9, 10, 22 to 25, inclusive, and 27 to 30, inclusive, of this act, become effective upon passage and approval. Sections 22 to 25, inclusive, of this act, expire by limitation on June 30, 1999.

      2.  Sections 11, 11.5, 13, 14, 14.5, 16, 20 and 21 of this act become effective on August 1, 1997.

      3.  Sections 8, 12 and 15 of this act become effective on July 1, 1999.

      4.  Sections 17, 18 and 19 of this act become effective on October 1, 1997. The amendatory provisions of sections 17, 18 and 19 of this act expire by limitation on June 30, 2008.

      5.  Section 26 of this act becomes effective on July 1, 2008.

________

 


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ê1997 Statutes of Nevada, Page 2471ê

 

CHAPTER 517, AB 356

Assembly Bill No. 356–Assemblymen Humke, Evans, Von Tobel, Manendo, Anderson, Marvel, Freeman, Carpenter, Hickey, Gustavson, Mortenson, Ohrenschall, Segerblom, Lee, Neighbors, de Braga, Berman, Williams, Perkins, Arberry, Amodei, Sandoval, Cegavske, Giunchigliani, Goldwater, Herrera, Parks, Lambert, Bache, Braunlin, Close, Hettrick, Ernaut, Koivisto, Nolan, Krenzer, Dini, Tiffany, Price, Chowning and Collins

CHAPTER 517

AN ACT relating to children; revising provisions governing the protection of children from abuse or neglect; requiring an immediate investigation of a report of abuse or neglect under certain circumstances; authorizing the release of information concerning such a report or an investigation to certain persons; prohibiting such persons from making public any such information obtained; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 432B.190 is hereby amended to read as follows:

      432B.190  The division of child and family services shall adopt regulations establishing reasonable and uniform standards for:

      1.  Protective services provided in this state;

      2.  Programs for the prevention of abuse or neglect of a child;

      3.  The development of local councils involving public and private organizations;

      4.  Reports of abuse or neglect, records of these reports and the response to these reports;

      5.  Carrying out the provisions of NRS 432B.260, including, without limitation, the qualifications of persons with whom agencies which provide protective services enter into agreements to provide services to children and families;

      6.  The management and assessment of reported cases of abuse or neglect;

      [6.] 7.  The protection of the legal rights of parents and children;

      [7.] 8.  Emergency shelter for a child;

      [8.] 9.  The prevention, identification and correction of abuse or neglect of a child in residential institutions;

      [9.] 10.  Evaluating the development and contents of a plan submitted for approval pursuant to NRS 432B.395;

      [10.] 11.  Developing and distributing to persons who are responsible for a child’s welfare a pamphlet that sets forth the procedures for taking a child for placement in protective custody and the legal rights of persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, during all stages of the proceeding; and

      [11.] 12.  Making the necessary inquiries required pursuant to NRS 432B.397 to determine whether a child is an Indian child.


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ê1997 Statutes of Nevada, Page 2472 (Chapter 517, AB 356)ê

 

      Sec. 2.  NRS 432B.260 is hereby amended to read as follows:

      432B.260  1.  Upon the receipt of a report concerning the possible abuse or neglect of a child, an agency which provides protective services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any . [, and, within 3 working days, initiate an investigation.] A law enforcement agency shall promptly notify an agency which provides protective services of any report it receives.

      2.  Upon receipt of a report concerning the possible abuse or neglect of a child, an agency which provides protective services or a law enforcement agency shall immediately initiate an investigation if the report indicates that:

      (a) The child is 5 years of age or younger;

      (b) There is a high risk of serious harm to the child; or

      (c) The child is dead, is seriously injured or has visible signs of physical abuse.

      3.  Except as otherwise provided in subsection 2, upon receipt of a report concerning the possible abuse or neglect of a child or notification from a law enforcement agency that the law enforcement agency has received such a report, an agency which provides protective services shall conduct an evaluation not later than 3 days after the report or notification was received to determine whether an investigation is warranted. For the purposes of this subsection, an investigation is not warranted if:

      (a) The child is not in imminent danger of harm;

      (b) The child is not vulnerable as the result of any untreated injury, illness or other physical, mental or emotional condition that threatens his immediate health or safety; or

      (c) The alleged abuse or neglect could be eliminated if the child and his family receive or participate in social or health services offered in the community, or both.

      4.  If the agency determines that an investigation is warranted, the agency shall initiate the investigation not later than 3 days after the evaluation is completed.

      5.  If the agency determines that an investigation is not warranted, the agency may, as appropriate:

      (a) Provide counseling, training or other services relating to child abuse and neglect to the family of the child, or refer the family to a person that has entered into an agreement with the agency to provide those services; or

      (b) Conduct an assessment of the family of the child to determine what services, if any, are needed by the family and, if appropriate, provide any such services or refer the family to a person that has entered into a written agreement with the agency to make such an assessment.

      6.  If an agency which provides protective services enters into an agreement with a person to provide services to a child or his family pursuant to subsection 5, the agency shall require the person to notify the agency if the child or his family refuse or fail to participate in the services, or if the person determines that there is a serious risk to the health or safety of the child.

      7.  An agency which provides protective services that determines that an investigation is not warranted may, at any time, reverse that determination and initiate an investigation.


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ê1997 Statutes of Nevada, Page 2473 (Chapter 517, AB 356)ê

 

      8.  An agency which provides protective services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.

      Sec. 3.  NRS 432B.290 is hereby amended to read as follows:

      432B.290  1.  [Data] Except as otherwise provided in subsection 2, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

      (a) A physician who has before him a child who he reasonably believes may have been abused or neglected;

      (b) A person authorized to place a child in protective custody if he has before him a child who he reasonably believes may have been abused or neglected and he requires the information to determine whether to place the child in protective custody;

      (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

             (1) The child; or

             (2) The person responsible for the welfare of the child;

      (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of abuse or neglect of a child;

      (e) Any court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

      (f) A person engaged in bona fide research or an audit, but any information identifying the subjects of a report must not be made available to him;

      (g) The guardian ad litem of the child;

      (h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

      (i) An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;

      (j) A person who or an organization that has entered into a written agreement with an agency which provides protective services to provide assessments or services and that has been trained to make such assessments or provide such services;

      (k) A team organized for the protection of a child pursuant to NRS 432B.350;

      [(k)] (l) A team organized pursuant to NRS 432B.405 to review the death of a child;

      (m) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;

      [(l)] (n) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;

      [(m)] (o) An agency which is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;


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ê1997 Statutes of Nevada, Page 2474 (Chapter 517, AB 356)ê

 

      [(n)] (p) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized [,] by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides protective services if:

             (1) The identity of the person making the report is kept confidential; and

             (2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect; [or

      (o)] (q) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court [.

      2.] ; or

      (r) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides protective services or to a law enforcement agency.

      2.  Except as otherwise provided in subsection 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available to any member of the general public if the child who is the subject of the report dies or is critically injured as a result of alleged abuse or neglect, except that the data or information which may be disclosed is limited to:

      (a) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;

      (b) Whether an investigation has been initiated pursuant to NRS 432B.260, and the result of a completed investigation; and

      (c) Such other information authorized for disclosure by a court pursuant to subsection 4.

      3.  An agency which provides protective services shall not disclose data or information pursuant to subsection 2 if the agency determines that the disclosure is not in the best interests of the child or if disclosure of the information would adversely affect any pending investigation concerning the report.

      4.  Upon petition, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to subsection 2 if good cause is shown by the petitioner for the disclosure of the additional information.

      5.  Any person, except for:

      (a) The subject of a report;

      (b) A district attorney or other law enforcement officer initiating legal proceedings; or

      (c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135,

who is given access, pursuant to subsection 1 [,] or 2, to information identifying the subjects of a report who makes this information public is guilty of a misdemeanor.

      [3.] 6.  The division of child and family services shall adopt regulations to carry out the provisions of this section.


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ê1997 Statutes of Nevada, Page 2475 (Chapter 517, AB 356)ê

 

      Sec. 4.  NRS 432B.300 is hereby amended to read as follows:

      432B.300  [Each] Except as otherwise provided in NRS 432B.260, an agency which provides protective services shall investigate each report of abuse or neglect received or referred to it to determine:

      1.  The composition of the family, household or facility, including the name, address, age, sex and race of each child named in the report, any siblings or other children in the same place or under the care of the same person, the persons responsible for the children’s welfare and any other adult living or working in the same household or facility;

      2.  Whether there is reasonable cause to believe any child is abused or neglected or threatened with abuse or neglect, the nature and extent of existing or previous injuries, abuse or neglect and any evidence thereof, and the person apparently responsible;

      3.  If there is reasonable cause to believe that a child is abused or neglected, the immediate and long-term risk to the child if he remains in the same environment; and

      4.  The treatment and services which appear necessary to help prevent further abuse or neglect and to improve his environment and the ability of the person responsible for the child’s welfare to care adequately for him.

      Sec. 5.  NRS 432B.510 is hereby amended to read as follows:

      432B.510  1.  A petition alleging that a child is in need of protection may be signed only by:

      (a) A representative of an agency which provides protective services;

      (b) A law enforcement officer or probation officer; or

      (c) The district attorney.

      2.  The district attorney shall countersign every petition alleging need of protection, and shall represent the [petitioner] interests of the public in all proceedings. If the district attorney fails or refuses to countersign the petition, the petitioner may seek a review by the attorney general. If the attorney general determines that a petition should be filed, he shall countersign the petition and shall represent the [petitioner] interests of the public in all subsequent proceedings.

      3.  Every petition must be entitled, “In the Matter of ................, a child,” and must be verified by the person who signs it.

      4.  Every petition must set forth specifically:

      (a) The facts which bring the child within the jurisdiction of the court as indicated in NRS 432B.410;

      (b) The name, date of birth and address of the residence of the child;

      (c) The names and addresses of the residences of his parents and any other person responsible for the child’s welfare, and spouse if any. If his parents or other person responsible for his welfare do not reside in this state or cannot be found within the state, or if their addresses are unknown, the petition must state the name of any known adult relative residing within the state, or if there is none, the known adult relative residing nearest to the court; and

      (d) Whether the child is in protective custody, and if so, the agency responsible for placing the child in protective custody and the reasons therefor.


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ê1997 Statutes of Nevada, Page 2476 (Chapter 517, AB 356)ê

 

      5.  When any of the facts required by subsection 4 are not known, the petition must so state.

      Sec. 5.5.  Section 2 of Senate Bill No. 205 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 432B.290 is hereby amended to read as follows:

       432B.290  1.  [Data] Except as otherwise provided in subsection 2 or 5, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

       (a) A physician who has before him a child who he reasonably believes may have been abused or neglected;

       (b) A person authorized to place a child in protective custody , if he has before him a child who he reasonably believes may have been abused or neglected and he requires the information to determine whether to place the child in protective custody;

       (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

             (1) The child; or

             (2) The person responsible for the welfare of the child;

       (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of abuse or neglect of a child;

       (e) [Any] A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

       (f) A person engaged in bona fide research or an audit, but [any] information identifying the subjects of a report must not be made available to him;

       (g) The guardian ad litem of the child;

       (h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

       (i) An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;

       (j) A person who or an organization that has entered into a written agreement with an agency which provides protective services to provide assessments or services and that has been trained to make such assessments or provide such services;

       (k) A team organized for the protection of a child pursuant to NRS 432B.350;

       (l) A team organized pursuant to NRS 432B.405 to review the death of a child;

       (m) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;

       (n) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;

       (o) An agency [which] that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

 


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

ê1997 Statutes of Nevada, Page 2477 (Chapter 517, AB 356)ê

 

approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

       (p) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized, by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency [which] that provides protective services if:

             (1) The identity of the person making the report is kept confidential; and

             (2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect;

       (q) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court; or

       (r) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides protective services or to a law enforcement agency.

       2.  Except as otherwise provided in subsection 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available to any member of the general public if the child who is the subject of the report dies or is critically injured as a result of alleged abuse or neglect, except that the data or information which may be disclosed is limited to:

       (a) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;

       (b) Whether an investigation has been initiated pursuant to NRS 432B.260, and the result of a completed investigation; and

       (c) Such other information authorized for disclosure by a court pursuant to subsection 4.

       3.  An agency which provides protective services shall not disclose data or information pursuant to subsection 2 if the agency determines that the disclosure of the information would adversely affect any pending investigation concerning the report.

       4.  Upon petition, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to subsection 2 if good cause is shown by the petitioner for the disclosure of the additional information.

       5.  An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

       (a) A copy of:

             (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

             (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

       (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child.


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

ê1997 Statutes of Nevada, Page 2478 (Chapter 517, AB 356)ê

 

the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.

       6.  Any person, except for:

       (a) The subject of a report;

       (b) A district attorney or other law enforcement officer initiating legal proceedings; or

       (c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135,

who is given access, pursuant to subsection 1 or 2, to information identifying the subjects of a report who makes this information public is guilty of a misdemeanor.

       [6.] 7.  The division of child and family services shall adopt regulations to carry out the provisions of this section.

      Sec. 6.  The division of child and family services of the department of human resources shall submit a report to the director of the legislative counsel bureau on or before March 1 of each odd-numbered year for distribution to each regular session of the legislature. The report must include, without limitation, the progress of the manner in which reports concerning the possible abuse or neglect of a child are investigated, evaluated and resolved by agencies which provide protective services.

      Sec. 7.  The amendatory provisions of section 3 of this act do not apply to offenses that are committed before July 1, 1997.

      Sec. 8.  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. 9.  The amendatory provisions of this act expire by limitation on June 30, 2001.

      Sec. 10.  This act becomes effective on July 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 2479ê

 

CHAPTER 518, AB 363

Assembly Bill No. 363–Assemblymen Segerblom, Ohrenschall, Perkins, Williams, Herrera, Carpenter, Lee, Koivisto, Anderson, Krenzer, Giunchigliani, Freeman, Amodei, de Braga, Parks, Lambert, Bache, Marvel, Neighbors, Manendo, Collins, Von Tobel, Humke, Goldwater, Tiffany and Evans

CHAPTER 518

AN ACT relating to entertainment; revising provisions governing the making of stage productions and motion pictures within this state; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Before a motion picture company begins production of a motion picture in this state, the motion picture company must:

      (a) Register with the division of motion pictures; and

      (b) Obtain any applicable permits otherwise required by other agencies and political subdivisions of this state.

      2.  The registration filed with the division of motion pictures must:

      (a) Contain a provision which provides that the motion picture company agrees to pay, within 30 days after the filming of the motion picture is completed in this state, all of the debts and obligations incurred by the motion picture company in the production of the motion picture in this state.

      (b) Be signed by:

             (1) A person who is authorized to enter into an agreement on behalf of the motion picture company; and

             (2) The administrator of the division of motion pictures or, in a county whose population is 400,000 or more, by the head of the department or agency within that county which is authorized to issue business licenses on behalf of the county.

      Sec. 2.  NRS 231.020 is hereby amended to read as follows:

      231.020  As used in NRS 231.030 to 231.130, inclusive, and section 1 of this act, unless the context otherwise requires, “motion pictures” includes [films to be shown in theaters and on television, industrial, training and educational films, commercials for television, and video discs and tapes.] feature films, movies made for broadcast on television and programs made for broadcast on television in episodes.

      Sec. 3.  NRS 364A.153 is hereby amended to read as follows:

      364A.153  1.  The division of motion pictures of the commission on economic development [, as an agent] or, in a county whose population is 400,000 or more, the department or agency within that county which is authorized to issue business licenses on behalf of the county, as agents of the department of taxation, shall collect the tax imposed by this chapter from those businesses that engage in the business of creating or producing motion pictures, as that term is defined in NRS 231.020, that are not residents or do not have a permanent place of business in [Nevada.]


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

ê1997 Statutes of Nevada, Page 2480 (Chapter 518, AB 363)ê

 

residents or do not have a permanent place of business in [Nevada.] this state. All taxes collected [by the division of motion pictures] pursuant to this subsection must be immediately forwarded to the department upon receipt.

      2.  The tax must be calculated pursuant to NRS 364A.140 and 364A.150 upon the number of hours worked in this state, but a person who conducts a business described in subsection 1 need not obtain a business license under this chapter.

      Sec. 4.  Chapter 608 of NRS is hereby amended by adding thereto a new section to read as follows:

      In a county whose population is 400,000 or more, if the department or agency within that county which is authorized to issue business licenses on behalf of the county receives:

      1.  A request for a waiver pursuant to subsection 5 of section 6 of this act; or

      2.  A bond posted pursuant to section 7 of this act,

the department or agency shall, within 1 working day, transmit the request or bond to the division of motion pictures of the commission on economic development. Upon the receipt of a request or bond, the producer-promoter-employer to whom the request or bond pertains shall be deemed to have complied with section 1 of this act.

      Sec. 5.  NRS 608.300 is hereby amended to read as follows:

      608.300  As used in NRS 608.310 and 608.320, and section 4 of this act, unless the context otherwise requires:

      1.  “Artist” means an actor, musician, dancer or athlete.

      2.  “Production” means [a stage or screen production or a radio or television program using artists and including the technical personnel used to create and produce it.

      3.  “Producer-promoter”] :

      (a) A stage production; or

      (b) A motion picture, as that term is defined in NRS 231.020,

that uses artists. The term includes the technical personnel used to create and produce the production.

      3.  “Producer-promoter-employer” means a natural person who, or a firm, association or corporation which, supervises or finances a production or attempts to organize a production. The term also includes a company that, in connection with the production of a motion picture within this state:

      (a) Is hired or established to organize or manage the payroll of the production and is the employer of record of any or all of the persons engaged in the production; or

      (b) Is responsible for all of the debts and obligations incurred by a motion picture company in the production.

      Sec. 6.  NRS 608.310 is hereby amended to read as follows:

      608.310  1.  Except as otherwise provided in subsection 4, a [producer-promoter] producer-promoter-employer intending to do business in this state must obtain a permit from the labor commissioner.

      2.  An application for the permit required by subsection 1 must contain information concerning:

      (a) The applicant’s name and permanent address;


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

ê1997 Statutes of Nevada, Page 2481 (Chapter 518, AB 363)ê

 

      (b) The financing for the production;

      (c) The type of production intended by the applicant, the number of artists, technical personnel and other persons required for the production and where the applicant intends to exhibit the production; and

      (d) Such other information as the labor commissioner may require by regulation for the protection of persons associated with the entertainment industry.

      3.  The commissioner may by regulation require a reasonable fee for processing an application.

      4.  The provisions of this section do not apply to any [producer-promoter] producer-promoter-employer who produces proof to the commissioner or, in a county whose population is 400,000 or more, produces proof to the department or agency within that county which is authorized to issue business licenses on behalf of the county that he:

      (a) Has been in the business of a [producer-promoter] producer-promoter-employer in this state for the 5-year period immediately preceding the filing of the application and has had no successful wage claim filed with the labor commissioner during that period;

      (b) Has sufficient tangible assets in this state which, if executed upon, would equal or exceed the amount of bond required; [or]

      (c) Holds a license to operate a nonrestricted gaming operation in this state [.] ; or

      (d) If the producer-promoter-employer is engaged in the production of a motion picture, as that term is defined in NRS 231.020, within a county whose population is 400,000 or more, has contracted with a company to organize or manage the payroll of the production and the company is the employer of record of any or all of the persons engaged in the production.

      5.  If a producer-promoter-employer is exempt from the provisions of this section pursuant to subsection 4, he may request a waiver confirming that exemption from:

      (a) The director of the division of motion pictures of the commission on economic development; or

      (b) In a county whose population is 400,000 or more, the department or agency within that county which is authorized to issue business licenses on behalf of the county.

If the request is made pursuant to paragraph (b), the department or agency shall submit the request to the division of motion pictures in accordance with section 4 of this act. The labor commissioner shall, within 1 working day, approve such a request upon confirmation that the producer-promoter-employer fulfills one or more of the criteria for an exemption set forth in subsection 4. A waiver approved pursuant to this subsection is effective for a period of 5 years unless the labor commissioner determines that good cause exists to revoke the waiver. Upon the expiration of a waiver at the end of the 5-year period, the labor commissioner may extend the waiver for an additional period if the labor commissioner determines that the producer-promoter-employer has acted in good faith and has complied with the statutes and regulations of this state.


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

ê1997 Statutes of Nevada, Page 2482 (Chapter 518, AB 363)ê

 

      Sec. 7.  NRS 608.320 is hereby amended to read as follows:

      608.320  A [producer-promoter] producer-promoter-employer required by NRS 608.310 to obtain a permit from the labor commissioner must, before being granted the permit, post a bond with [the] :

      1.  The labor commissioner ; or

      2.  In a county whose population is 400,000 or more, with the department or agency within that county which is authorized to issue business licenses on behalf of the county,

in the amount of at least twice the average weekly wages to be paid by the [producer-promoter] producer-promoter-employer to persons to be employed in the production. Except as otherwise provided in this section, the bond must be conditioned on the payment of all wages due all artists, technical personnel and other persons employed in the production upon the cessation of the production or upon the subrogation of another for the liabilities of the [producer-promoter,] producer-promoter-employer, if that subrogation is satisfactory to the labor commissioner. The bond need not be conditioned upon the payment of any wages due to the persons who are the celebrity headliners in the production or the executive personnel, managers or supervisors.

      Sec. 8.  NRS 608.330 is hereby amended to read as follows:

      608.330  Any person who fails to comply with the provisions of NRS 608.300, 608.310 and 608.320 [is] :

      (a) Is guilty of a misdemeanor [.] ; and

      (b) May be prohibited by the division of motion pictures of the commission on economic development from proceeding with the production until the division determines that he is in compliance with those provisions.

      Sec. 9.  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.

________

 

CHAPTER 519, AB 365

Assembly Bill No. 365–Assemblymen Collins, Parks, Lee, Koivisto, Manendo, Herrera, Nolan, Chowning, Arberry, Amodei, Bache, Giunchigliani, Ohrenschall, Goldwater, Buckley, Sandoval, Williams, Ernaut, Price, Krenzer, Hickey, Tiffany and Segerblom

CHAPTER 519

AN ACT relating to transportation; directing the Regional Transportation Commission of Clark County and the Nevada Department of Transportation to examine the feasibility of constructing an elevated fixed guideway system of mass transit in Clark County; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  1.  The Regional Transportation Commission of Clark County and the Nevada Department of Transportation shall, in cooperation with each affected local governmental entity, determine the feasibility of constructing an elevated fixed guideway system of mass transit to provide transportation within Clark County and the municipalities located therein.


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

ê1997 Statutes of Nevada, Page 2483 (Chapter 519, AB 365)ê

 

constructing an elevated fixed guideway system of mass transit to provide transportation within Clark County and the municipalities located therein.

      2.  In carrying out the duties set forth in subsection 1, the Regional Transportation Commission of Clark County and the Nevada Department of Transportation shall:

      (a) Consider more than one suitable alignment for the guideway system, including, but not limited to, the right of way appurtenant to U.S. Highway No. 95.

      (b) Consider that the construction of an elevated fixed guideway system of mass transit would be in addition to any improvements planned for U.S. Highway No. 95.

      3.  If the Regional Transportation Commission of Clark County and the Nevada Department of Transportation determine pursuant to subsection 1 that the construction of an elevated fixed guideway system of mass transit is feasible, the Commission and the Department shall cooperatively develop plans to address the details of constructing the system, including, but not limited to:

      (a) Financing;

      (b) Determining and mitigating environmental effects; and

      (c) Carrying out the construction in incremental phases.

      4.  As used in this section “elevated fixed guideway system of mass transit” includes, without limitation, a monorail, an automated people mover or a personal rapid transit system.

      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.

________

 

CHAPTER 520, AB 371

Assembly Bill No. 371–Assemblyman Neighbors

CHAPTER 520

AN ACT relating to construction; requiring that all construction, alteration or change in the use of a building or other structure in this state be in compliance with the edition of the National Electrical Code most recently approved by the governing body of the city or county in which the building or other structure is located; requiring the governing body of a city or county to review each new edition of the National Electrical Code for suitability for that city or county; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 278.583 is hereby amended to read as follows:

      278.583  1.  After January 1, 1974, any construction, alteration or change in the use of a building or other structure in this state by any person, firm, association or corporation, whether public or private, must be in compliance with the technical provisions of the National Electrical Code of the National Fire Protection Association in the form most recently [adopted by that association before January 1, 1985.]


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

ê1997 Statutes of Nevada, Page 2484 (Chapter 520, AB 371)ê

 

in compliance with the technical provisions of the National Electrical Code of the National Fire Protection Association in the form most recently [adopted by that association before January 1, 1985.] approved by the governing body of the city or county in which the building or other structure is located. The governing body of each city or county shall review each edition of the National Electrical Code that is published by the National Fire Protection Association after the 1996 edition to ensure its suitability for that city or county. Each new edition of the code shall be deemed approved by the governing body of each city or county unless the edition is disapproved by that governing body within 60 days after the date of publication by the National Fire Protection Association.

      2.  Any city or county within the state may adopt such modifications of the code as are deemed reasonably necessary, if such modifications do not reduce the standards established in the code.

________

 

CHAPTER 521, AB 374

Assembly Bill No. 374–Assemblymen Hettrick, Chowning, Dini, Evans, Humke, Braunlin, Cegavske, Berman, Gustavson, Krenzer, Parks, Koivisto, Sandoval, Ernaut, Lee, Lambert, Freeman, Bache, Buckley, Williams, de Braga, Neighbors, Marvel, Von Tobel, Ohrenschall, Amodei, Close, Herrera, Goldwater, Tiffany, Nolan, Segerblom, Carpenter, Hickey, Anderson, Mortenson, Price, Manendo, Arberry and Giunchigliani

CHAPTER 521

AN ACT relating to public finance; requiring budgeted funding as a condition precedent to the construction of a capital improvement and during its useful life; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 353.185 is hereby amended to read as follows:

      353.185  The powers and duties of the chief are:

      1.  To appraise the quantity and quality of services rendered by each agency in the executive department of the state government, and the needs for such services and for any new services.

      2.  To develop plans for improvements and economies in organization and operation of the executive department, and to install such plans as are approved by the respective heads of the various agencies of [such] the department, or as are directed to be installed by the governor or the legislature.

      3.  To cooperate with the state public works board in developing comprehensive, long-range plans for capital improvements and the means for financing them.

      4.  To devise and prescribe the forms of [operation] operational reports to be required periodically from the several agencies in the executive department, and to require the several agencies to make such reports.


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

ê1997 Statutes of Nevada, Page 2485 (Chapter 521, AB 374)ê

 

      5.  To prepare the executive budget report for the governor’s approval and submission to the legislature.

      6.  To prepare a budget for the executive department of the state government for the next 2 fiscal years, which [budget shall:] must:

      (a) Present a complete financial plan for the next 2 fiscal years;

      (b) Set forth all proposed expenditures for the administration, operation and maintenance of the departments, institutions and agencies of the executive department of the state government, including those operating on funds designated for specific purposes by the constitution or otherwise [;] , which must include a separate statement of:

             (1) The anticipated expense, including personnel, for the operation and maintenance of each capital improvement to be constructed during the next 2 fiscal years and of each capital improvement constructed on or after July 1, 1999, which is to be used during those fiscal years or a future fiscal year; and

             (2) The proposed source of funding for the operation and maintenance of each capital improvement, including personnel, to be constructed during the next 2 fiscal years;

      (c) Set forth all charges for interest and debt redemption [charges] during the next 2 fiscal years;

      (d) Set forth all expenditures for capital projects to be undertaken and executed during the next 2 fiscal years; and

      (e) Set forth the anticipated revenues of the state government, and any other additional means of financing the expenditures proposed for the next 2 fiscal years.

      7.  To examine and approve work programs and allotments to the several agencies in the executive department, and changes therein.

      8.  To examine and approve statements and reports on the estimated future financial condition and the operations of the agencies in the executive department of the state government and the several [budget units, before any such] budgetary units that have been prepared by those agencies and units, before the reports are released to the governor, to the legislature, or for publication . [, which have been prepared by such agencies and budget units.]

      9.  To receive and deal with requests for information as to the [budget] budgetary status and operations of the executive agencies of the state government.

      10.  To prepare such statements of unit costs and other [cost] statistics relating to cost as may be required from time to time, or requested by the governor or the legislature.

      11.  To do and perform such other and further duties relative to the development and submission of an adequate budget for the executive department of the state government of the State of Nevada as the governor may require.


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

ê1997 Statutes of Nevada, Page 2486 (Chapter 521, AB 374)ê

 

      Sec. 2.  Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:

      A local government shall not begin the construction of a capital improvement unless the funding for the operation and maintenance of the improvement during the current fiscal year, including personnel, is included in an approved budget.

      Sec. 3.  NRS 354.600 is hereby amended to read as follows:

      354.600  [1.] Each budget [shall include detailed] must include:

      1.  Detailed estimates of budget resources for the budget year classified by funds and sources in a manner and on forms prescribed by the department of taxation.

      2.  [Each budget shall include detailed] Detailed estimates of expenditures for the budget year classified in a manner and on forms prescribed by the department of taxation.

      3.  A separate statement of the anticipated expense, including personnel, for the operation and maintenance of each capital improvement to be constructed during the budget year and of each capital improvement constructed on or after July 1, 1998, which is to be used during that or a future budget year.

      4.  A separate statement of the proposed source of funding for the operation and maintenance of each capital improvement, including personnel, to be constructed during that budget year.

      Sec. 4.  Chapter 341 of NRS is hereby amended by adding thereto a new section to read as follows:

      The construction of a capital improvement that is subject to the supervision of the board pursuant to this chapter may not be begun unless the funding for the operation and maintenance of the improvement during the current fiscal year, including personnel, is included in the approved budget for the fiscal year in which construction is begun.

      Sec. 5.  NRS 341.151 is hereby amended to read as follows:

      341.151  1.  The board shall provide for a system of accounting for the total costs of state buildings throughout their expected useful life, taking into account all expenses of maintenance and operation.

      2.  Each proposal for the construction of a state building [shall include figures] must include:

      (a) Figures showing the final total cost of the building, which is the sum of:

      [(a)] (1) Initial construction costs; and

      [(b)] (2) Operating costs for the expected useful life of the building, including maintenance, heating, lighting, air conditioning , personnel and other expenses of operation [.] ; and

      (b) A statement of the proposed source of funding for the final total cost of the building.

      Sec. 6.  This act becomes effective on July 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 2487ê

 

CHAPTER 522, AB 376

Assembly Bill No. 376–Assemblymen Giunchigliani, Arberry, Goldwater, Herrera, Ohrenschall, Krenzer, Parks, Koivisto, Collins, Bache, Buckley, Amodei, Freeman, Tiffany, Anderson, Lee, Perkins, de Braga, Neighbors, Williams, Manendo, Price and Segerblom

CHAPTER 522

AN ACT relating to education; making various changes relating to education; requiring the accreditation of public schools; requiring the board of trustees of school districts to prescribe certain examinations; authorizing the board of trustees to adopt a policy of school uniforms for pupils and a dress code for teachers; revising the provisions governing the suspension and expulsion of pupils; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

      Whereas, An effective public school system which produces active and informed residents is essential for a free, democratic society; and

      Whereas, The legislature seeks to balance its respect for local autonomy with the need for uniform standards in the public schools of the State of Nevada; and

      Whereas, The legislature believes that to perpetuate an effective public school system in Nevada, as well as ensure accessibility and accountability to the public school system for parents and their children, the boards of trustees of the school districts in the State of Nevada should:

      1.  Encourage the coordination of year-round schedules of elementary, middle and high schools within the same school district or attendance area;

      2.  Offer in the schools, in addition to a traditional 9-month schedule, scheduling variations, including, without limitation, those scheduling plans commonly referred to as single track, multiple track, double session, block time and staggered day schedules;

      3.  Ensure that during year-round scheduling or other scheduling variations, teachers are afforded adequate time to prepare their classrooms, thereby minimizing any potential disruption such preparation may cause to classroom instruction;

      4.  Arrange a planning conference yearly for all personnel in the district to share ideas and experiences and discuss, debate and establish uniform goals and standards;

      5.  Establish a uniform schedule throughout each school district for conducting standardized tests;

      6.  Enforce truancy laws, attendance requirements and any other applicable laws or regulations in a uniform and consistent manner; and

      7.  Review the current method of financing schools that allocates money based on the number of pupils and the grade levels served at a school, and propose an alternative method of financing schools that allocates money based on a recognition of the special needs of each school; now, therefore,

 

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

 

      Secs. 1-12.  (Deleted by amendment.)


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

ê1997 Statutes of Nevada, Page 2488 (Chapter 522, AB 376)ê

 

      Sec. 13.  Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 14 to 27, inclusive, of this act.

      Sec. 14.  (Deleted by amendment.)

      Sec. 15.  1.  The state board shall adopt regulations which prescribe the courses of study required for promotion to high school, which may include the credits to be earned.

      2.  The board of trustees of a school district shall not promote a pupil to high school if the pupil does not complete the course of study or credits required for promotion. The board of trustees of the school district in which the pupil is enrolled may provide programs to complete the courses of study required for promotion to high school.

      3.  The board of trustees of each school district shall adopt a procedure for evaluating the course of study or credits completed by a pupil who transfers to a junior high or middle school from a junior high or middle school in this state or from a school outside of this state.

      Sec. 16.  1.  The board of trustees of each school district shall prescribe a minimum number of days that a pupil who is enrolled in a school in the district must be in attendance for the pupil to be promoted to the next higher grade.

      2.  A school shall inform the parents or legal guardian of each pupil who is enrolled in the school that the parents or legal guardian and the pupil are required to comply with the provisions governing the attendance and truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and any other rules concerning attendance and truancy adopted by the board of trustees of the school district.

      Sec. 17.  1.  A person who:

      (a) Is 16 years of age or older;

      (b) If he is at least 16 years of age but less than 18 years of age, submits to the state board written permission signed by his parent or legal guardian;

      (c) Has not graduated from a high school;

      (d) Is not currently enrolled in a high school; and

      (e) Satisfies any other requirements prescribed by the state board,

may take the tests of general educational development prescribed by the state board.

      2.  The state board may adopt regulations to carry out the provisions of this section.

      3.  As used in this section, “tests of general educational development” means examinations which enable persons who have not graduated from high school to demonstrate that they have achieved an educational level which is an acceptable substitute for completing a high school education.

      Sec. 18.  1.  The board of trustees of a school district may, in consultation with the schools within the district, parents and legal guardians of pupils who are enrolled in the district, and associations and organizations representing licensed educational personnel within the district, establish a policy that requires pupils to wear school uniforms.

      2.  The policy must:

      (a) Describe the uniforms;

      (b) Designate which pupils must wear the uniforms; and


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ê1997 Statutes of Nevada, Page 2489 (Chapter 522, AB 376)ê

 

      (c) Designate the hours or events during which the uniforms must be worn.

      3.  If the board of trustees of a school district establishes a policy that requires pupils to wear school uniforms, the board shall facilitate the acquisition of school uniforms for pupils whose parents or legal guardians request financial assistance to purchase the uniforms.

      4.  The board of trustees of a school district may establish a dress code enforceable during school hours for the teachers and other personnel employed by the board of trustees.

      Secs. 19-21.  (Deleted by amendment.)

      Sec. 22.  A pupil shall be deemed a habitual disciplinary problem if the school in which the pupil is enrolled has written evidence which documents that in one school year:

      1.  The pupil has threatened or extorted, or attempted to threaten or extort another pupil, or a teacher or other personnel employed by the school;

      2.  The pupil has been suspended for initiating at least two fights on school property; or

      3.  The pupil has a record of five suspensions from the school for any reason.

      Secs. 23-33.  (Deleted by amendment.)

      Sec. 34.  NRS 392.330 is hereby amended to read as follows:

      392.330  1.  In addition to the purposes authorized by NRS 392.320, a board of trustees may use transportation funds of the school district for [arranging] :

      (a) Arranging and paying for transportation , in accordance with subsection 2, by motor vehicles or otherwise, by contract or such other arrangement as the board finds most economical, expedient and feasible and for the best interests of the school district.

      (b) Purchasing tickets for public buses for use by pupils enrolled in high school to travel to and from school.

      2.  Such transportation may be arranged and contracted for by a board of trustees with:

      (a) Any railroad company, bus company, or other licensed common carrier holding a certificate of public convenience and necessity issued by the public service commission of Nevada.

      (b) The owners and operators of private automobiles or other private motor vehicles, including parents of pupils who attend school and are entitled to transportation. When required by the board of trustees, every such private automobile or other private motor vehicle regularly transporting pupils [shall] must be insured in the amount required by regulation of the state board [of education] against the loss and damage described in subsection 2 of NRS 392.320.

      Sec. 35.  NRS 392.466 is hereby amended to read as follows:

      392.466  1.  Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school, sells or distributes any controlled substance or is found in possession of a dangerous weapon, while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school.


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ê1997 Statutes of Nevada, Page 2490 (Chapter 522, AB 376)ê

 

must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, [he must be] the pupil must:

      (a) Be permanently expelled from that school [, but he may be required to attend another kind of school.] ; and

      (b) Receive equivalent instruction authorized by the state board pursuant to NRS 392.070.

      2.  Except as otherwise provided in this section, any pupil who is found in possession of a firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, [he must be] the pupil must:

      (a) Be permanently expelled from the school [, but he may be required to attend another kind of school.] ; and

      (b) Receive equivalent instruction authorized by the state board pursuant to NRS 392.070.

The superintendent of schools of a school district may, in a particular case in that school district, allow an exception to the expulsion requirement of this subsection.

      3.  Except as otherwise provided in this section, any pupil who is a habitual disciplinary problem as set forth in section 22 of this act must be suspended or expelled from the school for a period equal to at least one semester for that school. For the period of his suspension or expulsion, the pupil must receive equivalent instruction authorized by the state board pursuant to NRS 392.070.

      4.  This section does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.

      [4.] 5.  Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.

      [5.] 6.  A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:

      (a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.

      (b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act (20 U.S.C.


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ê1997 Statutes of Nevada, Page 2491 (Chapter 522, AB 376)ê

 

action is in compliance with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.).

      [6.] 7.  As used in this section:

      (a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

      (b) “Dangerous weapon” includes, without limitation, a blackjack, slung shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

      (c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1, 1995.

      Sec. 36.  NRS 392.4675 is hereby amended to read as follows:

      392.4675  1.  Except as otherwise provided in this section, a pupil who is suspended or expelled from:

      (a) Any public school in this state pursuant to NRS 392.466; or

      (b) Any school outside of this state for the commission of any act which, if committed within this state, would be a ground for suspension or expulsion from public school pursuant to NRS 392.466,

is ineligible to attend any public school in this state during the period of that suspension or expulsion.

      2.  [A] Except as otherwise provided in subsection 3, a school district may allow a pupil who is ineligible to attend a public school pursuant to this section to enroll in:

      (a) An alternative program for the education of pupils at risk of dropping out of high school; or

      (b) Any program of instruction offered pursuant to the provisions of NRS 388.550.

A school district may conduct an investigation of the background of any such pupil to determine if the educational needs of the pupil may be satisfied without undue disruption to the program. If an investigation is conducted, the board of trustees of the school district shall, based on the results of the investigation, determine if the pupil will be allowed to enroll in such a program.

      3.  The provisions of subsection 2 do not authorize the enrollment in such a program of a pupil who is:

      (a) Expelled for a second occurrence of a violation pursuant to subsections 1 or 2 of NRS 392.466; or

      (b) Suspended or expelled pursuant to subsection 3 of NRS 392.466.

      Secs. 37-51.  (Deleted by amendment.)

      Sec. 52.  1.  On or before December 31, 1997, the department of education shall enter into a contract with a qualified, independent consultant to conduct an evaluation of the effectiveness of substance abuse programs which are used in the public schools. The consultant must possess knowledge of substance abuse programs which are effective in the public schools of this state or other states. The evaluation must include, without limitation, a review of the results of all surveys and other information relating to the use of drugs and alcoholic beverages by pupils which has been collected by the public schools in this state during the immediately preceding 5 years.


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ê1997 Statutes of Nevada, Page 2492 (Chapter 522, AB 376)ê

 

limitation, a review of the results of all surveys and other information relating to the use of drugs and alcoholic beverages by pupils which has been collected by the public schools in this state during the immediately preceding 5 years. The consultant may only review the information if such a review does not violate any laws relating to the confidentiality of information regarding a child. On or before July 1, 1998, the consultant shall submit to the department of education a written report of his findings and any recommendations for the improvement of the substance abuse programs which are used in the public schools.

      2.  Upon receipt of the written report from the consultant, the department of education shall, in consultation with educational personnel, school counselors, pupils and parents and legal guardians of pupils, make recommendations concerning the feasibility of eliminating or combining certain substance abuse programs which are currently used in the public schools to create a more effective substance abuse program for use in the public schools of this state.

      3.  If any recommendations of the department of education include recommendations for legislation, the department shall, on or before December 31, 1998, submit those recommendations to the director of the legislative counsel bureau for transmission to the appropriate standing committees of the 70th session of the Nevada legislature.

      Secs. 53 and 54.  (Deleted by amendment.)

      Sec. 55.  A pupil shall not be deemed a habitual disciplinary problem pursuant to section 22 of this act for any acts committed by him or suspensions on his school record before July 1, 1997.

      Sec. 56.  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. 57.  1.  This section and sections 1 to 10, inclusive, 12 to 33, inclusive, and 35 to 56, inclusive, of this act become effective on July 1, 1997.

      2.  Section 34 of this act becomes effective on July 1, 1998.

________

 


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ê1997 Statutes of Nevada, Page 2493ê

 

CHAPTER 523, AB 379

Assembly Bill No. 379–Committee on Infrastructure

CHAPTER 523

AN ACT relating to local improvement districts; authorizing the governing body of a municipality to create a local improvement district to provide for the conversion of service facilities that are above ground to underground facilities; authorizing combinations and reapportionments of special assessments levied on tracts in local improvement districts under certain circumstances; providing for the issuance of bonds to refund all or any portion of the outstanding bonds of one or more improvement districts under certain circumstances; providing for the amendment of assessment ordinances under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  “Overhead service facilities” means service facilities located above the surface of the ground, except that the term does not include:

      1.  Facilities including transformers, pull boxes, service terminals, pedestal terminals, splice closures, apparatus cabinets and other similar facilities that normally are above the surface in areas where service lines are underground in accordance with standard underground practices.

      2.  On-the-ground facilities that are attached to overhead service facilities and used to connect an underground system to the overhead service facilities.

      Sec. 3.  “Service facilities” means any works or improvements used or useful in providing:

      1.  Electric or communication service; or

      2.  Service from a community antenna television system as that term is defined in NRS 711.040,

including, but not limited to, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances.

      Sec. 4.  “Service provider” means:

      1.  A person or corporation subject to the jurisdiction of the public service commission of Nevada that provides electric or communication service to the public; and

      2.  A community antenna television company as that term is defined in NRS 711.030 that provides service from a community antenna television system,

by means of service facilities.

      Sec. 5.  “Underground conversion project” means the removal of existing overhead service facilities owned by one or more service providers and the replacement thereof with underground service facilities constructed at the same location or at different locations.


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ê1997 Statutes of Nevada, Page 2494 (Chapter 523, AB 379)ê

 

      Sec. 6.  1.  A governing body may, pursuant to NRS 271.275 or 271.710, establish a district to finance an underground conversion project. Before the governing body may adopt an ordinance pursuant to NRS 271.325 to establish such a district, each service provider that owns the overhead service facilities to be converted to underground facilities must submit its written approval of the project to the governing body. The governing body shall not establish a district to finance an underground conversion project without receiving the written approval of each such service provider pursuant to this subsection.

      2.  Before initiating the establishment of a district pursuant to this section, the governing body must request in writing and receive from each service provider that owns the overhead service facilities to be converted in the proposed improvement district a written estimate of the cost to convert those facilities to underground facilities. The service provider shall provide its estimate of the cost of the conversion to the governing body not later than 120 days after the service provider receives the request from the governing body.

      3.  If a district already exists for the location for which the underground conversion project is proposed, the governing body may, pursuant to NRS 271.295, combine the underground conversion project with other projects in that district.

      4.  An underground conversion project must be constructed by one or more of the service providers that own the overhead service facilities to be converted, pursuant to a written agreement between the governing body and each service provider that will engage in the construction. Such a project must be constructed in accordance with the standard underground practices and procedures approved by the public service commission of Nevada.

      5.  The provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, works or improvements, including, without limitation, the provisions of chapters 332, 338 and 339 of NRS, do not apply to a contract entered into by a municipality and a service provider pursuant to this section, except that the contract must include a provision stating that the requirements of NRS 338.010 to 338.090, inclusive, apply to any construction work to be performed under the contract.

      6.  Construction on an underground conversion project approved pursuant to this chapter may not commence until:

      (a) An ordinance creating a district is adopted pursuant to NRS 271.325;

      (b) The time for filing an appeal pursuant to NRS 271.315 has expired, or if such an appeal has been timely filed, a final, nonappealable judgment upholding the validity of the ordinance has been rendered;

      (c) Arrangements for the financing of the construction have been completed through the issuance of bonds or interim warrants; and

      (d) The service provider has obtained all applicable permits, easements and licenses necessary to convert the facilities.

      Sec. 7.  1.  The service facilities within the boundaries of each lot within a district to finance an underground conversion project established pursuant to section 6 of this act must be placed underground at the same time as or after the underground system in private easements and public places is placed underground.


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ê1997 Statutes of Nevada, Page 2495 (Chapter 523, AB 379)ê

 

places is placed underground. The service provider involved, directly or through a contractor, shall, in accordance with the rules and regulations of the service provider, but subject to the regulations of the public service commission of Nevada and any other applicable laws, ordinances, rules or regulations of the municipality or any other public agency under the police power, convert to underground its facilities on any such lot:

      (a) For service facilities that provide electric service, up to the service entrance.

      (b) For service facilities that provide communication service or service from a community antenna television system as that term is defined in NRS 711.040, to the connection point within the house or structure.

      2.  All costs or expenses of conversion must be included in the cost on which the cost of the underground conversion for that property is calculated.

      3.  As used in this section, “lot” includes any portion, piece or parcel of land.

      Sec. 8.  NRS 271.030 is hereby amended to read as follows:

      271.030  Except where the context otherwise requires, the definitions in NRS 271.035 to 271.250, inclusive, and sections 2 to 5, inclusive, of this act, govern the construction of this chapter.

      Sec. 9.  NRS 271.265 is hereby amended to read as follows:

      271.265  1.  The governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both , within and without the municipality:

      (a) A curb and gutter project;

      (b) A drainage project;

      (c) An offstreet parking project;

      (d) An overpass project;

      (e) A park project;

      (f) A sanitary sewer project;

      (g) A security wall;

      (h) A sidewalk project;

      (i) A storm sewer project;

      (j) A street project;

      (k) A transportation project;

      (l) An underpass project;

      (m) A water project; and

      (n) Any combination of such projects.

      2.  In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both , within and without the municipality:

      (a) An electrical project;

      (b) A telephone project;

      (c) A combination of an electrical project and a telephone project;


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ê1997 Statutes of Nevada, Page 2496 (Chapter 523, AB 379)ê

 

      (d) A combination of an electrical project or a telephone project with any of the projects , [(] or any combination thereof , [)] specified in subsection 1; and

      (e) A combination of an electrical project and a telephone project with any of the projects , [(] or any combination thereof , [)] specified in subsection 1.

      3.  In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.

      Sec. 10.  NRS 271.315 is hereby amended to read as follows:

      271.315  1.  Any person filing a written complaint, protest or objection as provided in NRS 271.305 may, within 30 days after the governing body has finally passed on the complaint, protest or objection by resolution or ordinance as provided in subsection 2 of NRS 271.310, commence an action or suit in any court of competent jurisdiction to correct or set aside the determination, but thereafter all actions or suits attacking the validity of the proceedings and the amount of benefits are perpetually barred.

      2.  Any person who brings an action pursuant to this section must plead with particularity and prove the facts upon which he relies to establish:

      (a) That the estimate of the benefits to be derived from the project or the method used to apportion the cost of the project is fraudulent, arbitrary or unsupported by substantial evidence; or

      (b) That any provision of NRS 271.265 to 271.310, inclusive, or section 6 of this act, has been violated.

Conclusory allegations of fact or law are insufficient to comply with the requirements of this subsection.

      3.  In any action brought pursuant to this section, judicial review of the proceedings is confined to the record before the governing body. Evidence that has not been presented to the governing body must not be considered by the court.

      Sec. 11.  NRS 271.335 is hereby amended to read as follows:

      271.335  1.  No contract for doing construction work for acquiring or improving the project contemplated may be made or awarded, nor may the governing body incur any expense or liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications and notices, until after the hearing upon the provisional order and notice thereof provided for [herein] in NRS 271.305 have been given and had.

      2.  This section does not prevent the governing body from advertising by publication for proposals for doing the work whenever the governing body sees fit, but the contract may not be made or awarded before the time stated in subsection 1.

      3.  [In] Except as otherwise provided in section 6 of this act, in the case of construction work done by independent contract for any project, or portion thereof, in any improvement district, the municipality shall request competitive bids, and proceed thereon, pursuant to the provisions of chapter 338 of NRS.

      4.  The municipality may waive any irregularity in the form of any bid.


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ê1997 Statutes of Nevada, Page 2497 (Chapter 523, AB 379)ê

 

      5.  Any contract may be let on a lump sum or on a unit basis.

      6.  No contract may be entered into for such work unless the contractor gives an undertaking with a sufficient surety or sureties approved by the governing body and in an amount fixed by it for the faithful performance of the contract and for payment of the contract.

      7.  Upon default in the performance of any contract, any designated official, as directed by motion of the governing body, may advertise and relet the remainder of the work without further ordinance or resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise.

      8.  All contracts must provide among other things that the person entering into the contract with the municipality will pay for all materials furnished and labor and services rendered for the performance of the contract, and that any person furnishing the materials or rendering the services may maintain an action to recover for them against the obligor in the undertaking as though the person was named therein.

      9.  A contract or agreement made in violation of the provisions of this section is voidable, and no action may be maintained thereon by any party thereto against the municipality.

      10.  To the extent the municipality makes any payment thereunder, such a contract or agreement is valid, and any such payment may be included in any cost defrayed by the levy of assessments, unless theretofore the municipality elects to void the contract or agreement in its entirety and to recover any such payment from the party to whom made.

      11.  The governing body, except as expressly limited in this section, may, in the letting of contracts, impose such conditions upon bidders with regard to bonds and securities, and such guaranties of good and faithful performance and completion of any work and the keeping of the work in repair, and providing for any further matter or thing in connection therewith, as may be considered by the governing body to be advantageous to the municipality and to all interested.

      Sec. 12.  NRS 271.425 is hereby amended to read as follows:

      271.425  1.  If [any] a tract is divided after a special assessment thereon has been levied and divided into installments and before the collection of all the installments, the governing body may require the treasurer to apportion the uncollected amounts upon the several parts of land so divided.

      2.  If two or more tracts are combined or combined and redivided into two or more different tracts after a special assessment thereon has been levied and divided into installments and before the collection of all the installments, the governing body may require the treasurer to combine or combine and reapportion the uncollected amounts upon the part or parts of land that exist after the combination or combination and redivision.

      3.  Except to the extent limited in an ordinance that authorizes or otherwise pertains to the issuance of bonds for an improvement district, the governing body may reapportion assessments which have been levied pursuant to this chapter or apportioned pursuant to this section with the unanimous written consent of all the owners of property whose assessments will be increased by the reapportionment. The governing body is not required to obtain the consent of an owner of property whose assessment will not be affected or will be decreased by the reapportionment.


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ê1997 Statutes of Nevada, Page 2498 (Chapter 523, AB 379)ê

 

required to obtain the consent of an owner of property whose assessment will not be affected or will be decreased by the reapportionment.

      4.  Assessments may be combined or reapportioned, or both, pursuant to subsections 2 and 3, only if the governing body finds that the proposed action will not:

      (a) Materially or adversely impair the obligation of the municipality with respect to any outstanding bond secured by assessments; or

      (b) Increase the principal balance of any assessment to an amount such that the aggregate amount which is assessed against a tract exceeds the minimum benefit to the tract that is estimated to result from the project which is financed by the assessment.

      5.  The report of [such] an apportionment, combination or reapportionment pursuant to this section, when approved [,] by the governing body, is conclusive on all the parties, and all assessments thereafter made upon the tracts must be according to the [subdivision.

      3.] apportionment, combination or reapportionment so approved.

      6.  The report, when approved, must be recorded in the office of the county recorder together with a statement that the current payment status of any of the assessments may be obtained from the county or municipal officer who has been directed by the governing body to collect the assessment. Neither the failure to record the report as provided in this subsection nor any defect in the report as recorded affects the validity of the assessments, the lien for the payment thereof or the priority of that lien.

      Sec. 13.  NRS 271.488 is hereby amended to read as follows:

      271.488  1.  The governing body may issue one or more series of bonds to refund all or any portion of the outstanding bonds of one or more improvement districts. The bonds must be issued pursuant to the provisions of this chapter and the Local Government Securities Law.

      2.  For the purposes of the Local Government Securities Law, the bonds issued to refund all or any portion of the outstanding bonds of one or more improvement districts shall be deemed special obligations and the assessments shall be deemed net pledged revenues. If the bonds are issued, the governing body shall, by resolution, reduce the rate of interest on the uncollected installments of assessments. The rate of interest must not exceed the amount set forth in NRS 271.415, plus any amount necessary to pay the costs of the refunding.

      3.  Refinancing bonds issued pursuant to the provisions of this section must be secured by the assessments levied against specifically identified tracts of assessable property and may have any other terms or security that are allowed for any other bonds issued pursuant to the provisions of this chapter, except any bond issued to refund all or any portion of the outstanding bonds of one or more improvement districts must mature within 20 years after the date such a bond is issued.

      4.  A refunding bond issued pursuant to this section may refund all or any portion of the outstanding bonds of one or more improvement districts and may be secured by a combination of assessments levied on all or a specifically identified portion of the assessed property located within the district or districts.


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ê1997 Statutes of Nevada, Page 2499 (Chapter 523, AB 379)ê

 

      5.  Two or more series of refunding bonds may be issued to refund the outstanding bonds of one or more districts and each series may be secured by assessments levied on different portions of assessed property located within the district or districts whose bonds are outstanding.

      6.  Except as otherwise provided in subsection 7 or 8, the governing body, in connection with the issuance of refunding bonds pursuant to this section, may amend the assessment ordinance to amend the following terms of all or a portion of the assessments authorized in the ordinance:

      (a) The rate of interest the governing body charges on unpaid installments;

      (b) Any penalties for prepayment of assessments;

      (c) The amounts of unpaid installments;

      (d) The principal balance of assessments;

      (e) The dates upon which unpaid installments are due;

      (f) The number of years over which unpaid installments are due; and

      (g) Any other term, if the term, as amended, would comply with the provisions of this chapter.

      7.  Before a governing body may amend an assessment ordinance to increase the principal and interest of any assessment, the number of years over which unpaid installments are due or the amount of any unpaid installments, it must:

      (a) Obtain the written consent of the owner of each tract that would be affected by the proposed amendment to the ordinance; or

      (b) Hold a hearing on the proposed amendment and give notice of that hearing in the manner set forth in NRS 271.305. If the owners of the tracts upon which more than one-half of the affected assessments, measured by the unpaid assessment balance, submit written protests to the governing body on or before the date of the hearing, the governing body shall not adopt the proposed amendment to the assessment ordinance.

      8.  To issue refunding bonds or to amend an assessment ordinance pursuant to this section, the governing body must find that:

      (a) The obligation of the municipality will not be materially or adversely impaired with respect to any outstanding bond secured by assessments; and

      (b) The principal balance of any assessment will not increase to an amount such that the aggregate amount that is assessed against the tract exceeds the minimum benefit to the tract that is estimated to result from the project that is financed by the assessment and the refunding of the outstanding bonds.

      Sec. 14.  This act becomes effective upon passage and approval.

________

 


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ê1997 Statutes of Nevada, Page 2500ê

 

CHAPTER 524, SB 5

Senate Bill No. 5–Committee on Judiciary

CHAPTER 524

AN ACT relating to crimes; requiring certification by a panel before offenders convicted of certain crimes may be released on parole; requiring certification by a psychologist or a psychiatrist before offenders convicted of certain crimes may be released on probation; making appropriations; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 201.195 is hereby amended to read as follows:

      201.195  1.  A person who incites, entices or solicits a minor to engage in acts which constitute the infamous crime against nature:

      (a) If the minor actually engaged in such acts as a result, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (b) If the minor did not engage in such acts:

             (1) For the first offense, is guilty of a gross misdemeanor.

             (2) For any subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  [A person convicted of violating any of the provisions of subsection 1 may not be paroled unless a board consisting of:

      (a) The administrator of the mental hygiene and mental retardation division of the department of human resources or his designee;

      (b) The director of the department of prisons or his designee; and

      (c) A psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada,

certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.

      3.  A person who has been certified pursuant to subsection 2 who returns for any reason to the custody of the department of prisons may not be paroled unless a board recertifies him in the manner set forth in subsection 2.

      4.  The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.

      5.  This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.

      6.  A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless a psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.


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ê1997 Statutes of Nevada, Page 2501 (Chapter 524, SB 5)ê

 

      7.]  As used in this section, the “infamous crime against nature” means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.

      Sec. 2.  NRS 201.210 is hereby amended to read as follows:

      201.210  1.  A person who commits any act of open or gross lewdness is guilty:

      (a) For the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

      2.  [A person convicted of violating the provisions of subsection 1 must not be paroled unless a board consisting of:

      (a) The administrator of the mental hygiene and mental retardation division of the department of human resources;

      (b) The director of the department of prisons; and

      (c) A psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada,

certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this subsection, the administrator and the director may each designate a person to represent him on the board.

      3.  A person who has been certified pursuant to subsection 2 who returns for any reason to the custody of the department of prisons may not be paroled unless a board recertifies him in the manner set forth in subsection 2.

      4.  The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.

      5.  This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.

      6.  A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless a psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.

      7.]  For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open or gross lewdness.

      Sec. 3.  NRS 201.220 is hereby amended to read as follows:

      201.220  1.  A person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty:

      (a) For the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

      2.  [A person convicted of violating any of the provisions of subsection 1 must not be paroled unless a board consisting of:


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ê1997 Statutes of Nevada, Page 2502 (Chapter 524, SB 5)ê

 

      (a) The administrator of the mental hygiene and mental retardation division of the department of human resources;

      (b) The director of the department of prisons; and

      (c) A psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada,

certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this subsection, the administrator and the director may each designate a person to represent him on the board.

      3.  A person who has been certified pursuant to subsection 2 who returns for any reason to the custody of the department of prisons may not be paroled unless a board recertifies him in the manner set forth in subsection 2.

      4.  The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.

      5.  This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.

      6.  A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless a psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.

      7.]  For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open and indecent or obscene exposure of her body.

      Sec. 4.  NRS 201.230 is hereby amended to read as follows:

      201.230  [1.]  A person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that 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.  A person convicted of violating any of the provisions of subsection 1 must not be paroled unless a board consisting of:

      (a) The administrator of the mental hygiene and mental retardation division of the department of human resources;

      (b) The director of the department of prisons; and

      (c) A psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada,

certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this subsection, the administrator and the director may each designate a person to represent him on the board.


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

ê1997 Statutes of Nevada, Page 2503 (Chapter 524, SB 5)ê

 

administrator and the director may each designate a person to represent him on the board.

      3.  A person who has been certified pursuant to subsection 2 who returns for any reason to the custody of the department of prisons may not be paroled unless a board recertifies him in the manner set forth in subsection 2.

      4.  The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.

      5.  This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.

      6.  A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless a psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.]

      Sec. 5.  NRS 201.450 is hereby amended to read as follows:

      201.450  1.  A person who commits a sexual penetration on the dead body of a human being is guilty of a category A felony and shall be punished by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served;

      (b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served;

      (c) By a fine of not more than $20,000; or

      (d) By both fine and imprisonment.

      2.  [A person convicted of a violation of subsection 1 must not be granted probation or parole unless a psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada certifies that the person is not a menace to the health, safety or morals of others.

      3.  A person who has been certified pursuant to subsection 2 for the purpose of being granted parole who returns for any reason to the custody of the department of prisons may not be paroled unless a psychologist or psychiatrist recertifies him in the manner set forth in subsection 2.

      4.  The psychologist or psychiatrist who certified an offender pursuant to subsection 2 may revoke the certification of the offender at any time.

      5.  This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.

      6.]  For the purposes of this section, “sexual penetration” means cunnilingus, fellatio or any intrusion, however slight, of any part of a person’s body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including, without limitation, sexual intercourse in what would be its ordinary meaning if practiced upon the living.


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ê1997 Statutes of Nevada, Page 2504 (Chapter 524, SB 5)ê

 

limitation, sexual intercourse in what would be its ordinary meaning if practiced upon the living.

      Sec. 6.  NRS 207.180 is hereby amended to read as follows:

      207.180  1.  Any person who knowingly sends or delivers any letter or writing:

      (a) Threatening to accuse another of a crime or misdemeanor, or to expose or publish any of his infirmities or failings, with intent to extort money, goods, chattels or other valuable thing; or

      (b) Threatening to maim, wound, kill or murder, or to burn or destroy his house or other property, or to accuse another of a crime or misdemeanor, or expose or publish any of his infirmities, though no money, goods, chattels or other valuable thing be demanded,

is guilty of a misdemeanor.

      2.  Any person who:

      (a) Writes and sends, or writes and delivers, either through the mail, express, by private parties or otherwise, any anonymous letter, or any letter bearing a fictitious name, charging any person with crime; or

      (b) Writes and sends any anonymous letter or letters bearing a fictitious name, containing vulgar or threatening language, obscene pictures, or containing reflections upon his standing in society or in the community,

is guilty of a misdemeanor.

      [3.  No person convicted of violating the provisions of subsection 1 or 2 may be released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.]

      Sec. 7.  Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The court shall not grant probation to or suspend the sentence of a person convicted of an offense listed in subsection 3 unless a psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state certifies that the person is not a menace to the health, safety or morals of others.

      2.  This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to consider a person for certification pursuant to this section.

      3.  The provisions of this section apply to a person convicted of any of the following offenses:

      (a) Attempted sexual assault of a person who is 16 years of age or older pursuant to NRS 200.366.

      (b) Statutory sexual seduction pursuant to NRS 200.368.

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400.

      (d) Abuse or neglect of a child pursuant to NRS 200.508.

      (e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

      (f) Incest pursuant to NRS 201.180.


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ê1997 Statutes of Nevada, Page 2505 (Chapter 524, SB 5)ê

 

      (g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

      (h) Open or gross lewdness pursuant to NRS 201.210.

      (i) Indecent or obscene exposure pursuant to NRS 201.220.

      (j) Lewdness with a child pursuant to NRS 201.230.

      (k) Sexual penetration of a dead human body pursuant to NRS 201.450.

      (l) A violation of NRS 207.180.

      (m) An attempt to commit an offense listed in paragraphs (b) to (l), inclusive.

      (n) Coercion or attempted coercion that is determined to be sexually motivated pursuant to section 92 of Senate Bill No. 325 of this session.    

      Sec. 8.  NRS 176.175 is hereby amended to read as follows:

      176.175  As used in NRS 176.175 to 176.245, inclusive, [and] section 83 of [this act,] Senate Bill No. 325 of this session and section 7 of this act, unless the context otherwise requires:

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

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

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

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

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

      6.  “Surety bond” means a written undertaking, executed by a surety, that a person will, as a result of the bond, participate in a program of probation and that in the event that the person violates a condition of the program of probation, the surety will pay the court the amount of money specified for the bond.

      Sec. 9.  NRS 176.185 is hereby amended to read as follows:

      176.185  1.  Except as otherwise provided in this section [, whenever] and section 7 of this act, if a person is found guilty in a district court of a crime upon verdict or plea, except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or [where] if the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court:

      (a) If the person is found guilty of a category E felony, shall suspend the execution of the sentence imposed and grant probation to the person pursuant to NRS 193.130; or

      (b) If the person is found guilty of any other felony, a gross misdemeanor or a misdemeanor, may suspend the execution of the sentence imposed and grant probation as the court deems advisable.

      2.  In determining whether to place a person on probation, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to NRS 176.1851 to 176.18525, inclusive.


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ê1997 Statutes of Nevada, Page 2506 (Chapter 524, SB 5)ê

 

in a program of probation secured by a surety bond established pursuant to NRS 176.1851 to 176.18525, inclusive.

      3.  [The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court.] The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.

      4.  If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176.198.

      5.  The court shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the court receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 45 days following a request for a probation investigation from the county clerk, but if a report is not submitted by the chief parole and probation officer within 45 days the district judge may grant probation without the written report.

      6.  If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.

      Sec. 10.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board shall not release on parole a prisoner convicted of an offense listed in subsection 5 unless a panel consisting of:

      (a) The administrator of the mental hygiene and mental retardation division of the department of human resources or his designee;

      (b) The director of the department of prisons or his designee; and

      (c) A psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state,

certifies that the prisoner was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.

      2.  A prisoner who has been certified pursuant to subsection 1 and who returns for any reason to the custody of the department of prisons may not be paroled unless a panel recertifies him in the manner set forth in subsection 1.

      3.  The panel may revoke the certification of an offender certified pursuant to subsection 1 at any time.

      4.  This section does not create a right in any prisoner to be certified or continue to be certified and no prisoner may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a prisoner before a panel for certification pursuant to this section.


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ê1997 Statutes of Nevada, Page 2507 (Chapter 524, SB 5)ê

 

      5.  The provisions of this section apply to a prisoner convicted of any of the following offenses:

      (a) Sexual assault pursuant to NRS 200.366.

      (b) Statutory sexual seduction pursuant to NRS 200.368.

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400.

      (d) Abuse or neglect of a child pursuant to NRS 200.508.

      (e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

      (f) Incest pursuant to NRS 201.180.

      (g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

      (h) Open or gross lewdness pursuant to NRS 201.210.

      (i) Indecent or obscene exposure pursuant to NRS 201.220.

      (j) Lewdness with a child pursuant to NRS 201.230.

      (k) Sexual penetration of a dead human body pursuant to NRS 201.450.

      (l) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive.

      (m) Coercion or attempted coercion that is determined to be sexually motivated pursuant to section 92 of Senate Bill No. 325 of this session.

      Sec. 11.  NRS 213.107 is hereby amended to read as follows:

      213.107  As used in NRS 213.107 to 213.157, inclusive, section 2 of Senate Bill No. 17 of this session , [and] section 94 of [this act] Senate Bill No. 325 of this session and section 10 of this act, unless the context otherwise requires:

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

      2.  “Chief” means the chief parole and probation officer.

      3.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

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

      5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

      6.  “Sexual offense” means:

      (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;

      (b) An attempt to commit any offense listed in paragraph (a); or

      (c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

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


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ê1997 Statutes of Nevada, Page 2508 (Chapter 524, SB 5)ê

 

      Sec. 12.  NRS 213.1099 is hereby amended to read as follows:

      213.1099  1.  Except as otherwise provided in this section , section 10 of this act and NRS 213.1215, the board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.157, inclusive.

      2.  In determining whether to release a prisoner on parole, the board shall consider:

      (a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;

      (b) Whether the release is incompatible with the welfare of society;

      (c) The seriousness of the offense and the history of criminal conduct of the prisoner;

      (d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the chief; and

      (e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.130.

      3.  When a person is convicted of a felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the maximum term of imprisonment imposed by the court less any credits earned to reduce his sentence pursuant to chapter 209 of NRS.

      4.  Except as otherwise provided in NRS 213.1215, the board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he does not have a history of:

      (a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;

      (b) Repetitive criminal conduct;

      (c) Criminal conduct related to the use of alcohol or drugs;

      (d) Repetitive sexual deviance, violence or aggression; or

      (e) Failure in parole, probation, work release or similar programs.

      5.  In determining whether to release a prisoner on parole pursuant to this section, the board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.

      6.  The board shall not release on parole an offender convicted of an offense listed in section 63 of [this act] Senate Bill No. 325 of this session until the law enforcement agency in whose jurisdiction the offender will be released on parole has been provided an opportunity to give the notice required by the attorney general pursuant to sections 61 to 76, inclusive, of [this act.] Senate Bill No. 325 of this session.


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ê1997 Statutes of Nevada, Page 2509 (Chapter 524, SB 5)ê

 

      Sec. 13.  Section 13 of Senate Bill No. 133 of this session is hereby amended to read as follows:

       Sec. 13.  NRS 176.185 is hereby amended to read as follows:

      176.185  1.  Except as otherwise provided in this section and section 7 of [this act,] Senate Bill No. 5 of this session, if a person is found guilty in a district court [of a crime] upon verdict or plea [, except in cases of murder] of:

       (a) Murder of the first or second degree, kidnaping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or if the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court [:

       (a) If the person is found guilty of a] shall not suspend the execution of the sentence imposed or grant probation to the person.

       (b) A category E felony, except as otherwise provided in this paragraph, the court shall suspend the execution of the sentence imposed and grant probation to the person . [pursuant to NRS 193.130; or

       (b) If the person is found guilty of any other] The court may, as it deems advisable, decide not to suspend the execution of the sentence imposed and grant probation to the person if, at the time the crime was committed, the person:

             (1) Was serving a term of probation, whether in this state or elsewhere, for a felony conviction;

             (2) Had previously had his probation revoked, whether in this state or elsewhere, for a felony conviction; or

             (3) Had previously been two times convicted, whether in this state or elsewhere, of a crime that under the laws of the situs of the crime or of this state would amount to a felony.

If the person denies the existence of a previous conviction, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the person. At such a hearing, the person may not challenge the validity of a previous conviction. For the purposes of this subparagraph, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.

       (c) Another felony, a gross misdemeanor or a misdemeanor, the court may suspend the execution of the sentence imposed and grant probation as the court deems advisable.

       2.  In determining whether to place a person on probation, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to NRS 176.1851 to 176.18525, inclusive.

       3.  The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.


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ê1997 Statutes of Nevada, Page 2510 (Chapter 524, SB 5)ê

 

       4.  If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176.198.

       5.  The court shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the court receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 45 days following a request for a probation investigation from the county clerk, but if a report is not submitted by the chief parole and probation officer within 45 days the district judge may grant probation without the written report.

       6.  If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.

      Sec. 14.  Section 92 of Senate Bill No. 325 of this session is hereby amended to read as follows:

       Sec. 92.  Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  Except as otherwise provided in subsection 4, if a person is convicted of coercion or attempted coercion in violation of paragraph (a) of subsection 2 of NRS 207.190, the court shall, at the request of the prosecuting attorney, conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, not less than 72 hours before the commencement of the trial, files and serves upon the defendant a written notice of his intention to request such a hearing.

       2.  A hearing requested pursuant to subsection 1 must be conducted before:

       (a) The court imposes its sentence; or

       (b) A separate penalty hearing is conducted.

       3.  At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.

       4.  A person may stipulate that his offense was sexually motivated before a hearing held pursuant to subsection 1 or as part of an agreement to plead nolo contendere, guilty or guilty but mentally ill.

       5.  The court shall enter in the record:

       (a) Its finding from a hearing held pursuant to subsection 1; or

       (b) A stipulation made pursuant to subsection 4.


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ê1997 Statutes of Nevada, Page 2511 (Chapter 524, SB 5)ê

 

       6.  For the purposes of this section, an offense is “sexually motivated” if one of the purposes for which the person committed the offense was his sexual gratification.

      Sec. 15.  Section 95 of Senate Bill No. 325 of this session is hereby amended to read as follows:

       Sec. 95.  NRS 213.107 is hereby amended to read as follows:

      213.107  As used in NRS 213.107 to 213.157, inclusive, [and] section 2 of [this act,] Senate Bill No. 17 of this session and section 94 of this act, unless the context otherwise requires:

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

       2.  “Chief” means the chief parole and probation officer.

       3.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

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

       5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

       6.  “Sexual offense” means:

       (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;

       (b) An attempt to commit any offense listed in paragraph (a); or

       (c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

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

      Sec. 16.  Section 104 of Senate Bill No. 325 of this session is hereby amended to read as follows:

       Sec. 104.  1.  Except as otherwise provided in subsection 2, this act becomes effective on July 1, 1997.

       2.  [Section 91.3] Sections 91.3 and 95 of this act [becomes] become effective at 12:01 a.m. on July 1, 1997.

      Sec. 17.  Section 9 of Senate Bill No. 402 of this session is hereby amended to read as follows:

       Sec. 9.  NRS 213.107 is hereby amended to read as follows:

      213.107  As used in NRS 213.107 to 213.157, inclusive, section 2 of Senate Bill No. 17 of this session, section 94 of Senate Bill No. 325 of this session , [and] section 10 of [this act,] Senate Bill No. 5 of this session and section 8 of this act, unless the context otherwise requires:

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

       2.  “Chief” means the chief parole and probation officer.

       3.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.


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ê1997 Statutes of Nevada, Page 2512 (Chapter 524, SB 5)ê

 

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

       5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

       6.  “Sexual offense” means:

       (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;

       (b) An attempt to commit any offense listed in paragraph (a); or

       (c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

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

      Sec. 18.  Section 2 of Assembly Bill No. 240 of this session is hereby amended to read as follows:

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

      213.107  As used in NRS 213.107 to 213.157, inclusive, section 2 of Senate Bill No. 17 of this session, section 94 of Senate Bill No. 325 of this session, section 10 of Senate Bill No. 5 of this session , [and] section 8 of [this act,] Senate Bill No. 402 of this session and section 1 of this act, unless the context otherwise requires:

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

       2.  “Chief” means the chief parole and probation officer.

       3.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

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

       5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

       6.  “Sexual offense” means:

       (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;

       (b) An attempt to commit any offense listed in paragraph (a); or

       (c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

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

 

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