[Rev. 3/18/2013 2:43:51 PM]

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ê1997 Statutes of Nevada, Page 2651 (Chapter 551, SB 430)ê

 

condition and functioning of such a vehicle may be conducted at an authorized inspection station or authorized station as defined in NRS 445B.710 and 445B.720, respectively.

      (c) Define “restored vehicle” for the purposes of the regulations.

      2.  Standards for exhaust emissions which apply to a trimobile must be based on standards which were in effect in the year in which the engine of the trimobile was built.

      3.  Any such standards which pertain to motor vehicles must be approved by the department of motor vehicles and public safety before they are adopted by the commission.

      Sec. 5.  The department of motor vehicles and public safety shall conduct a study concerning the potential and actual effects, as appropriate, of the refunding by the department of fees, taxes and other charges required pursuant to this act or any other specific statute, and submit a report of the study to the director of the legislative counsel bureau on or before January 18, 1999, for transmittal to the 70th session of the Nevada legislature.

      Sec. 6.  1.  This section and sections 4 and 5 of this act become effective on July 1, 1997.

      2.  Sections 1.7, 2 and 3 of this act become effective on January 1, 1998.

      3.  Sections 1 and 1.9 of this act become effective on January 1, 2001.

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CHAPTER 552, SB 432

Senate Bill No. 432–Senators Wiener, Rawson, James, Coffin, Jacobsen, Mathews, McGinness, Neal, O’Donnell, Porter, Regan, Shaffer and Titus

CHAPTER 552

AN ACT relating to convicted persons; providing for therapeutic communities in prison and programs of aftercare to treat certain offenders who are substance abusers; making appropriations; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

      Whereas, Many studies have indicated that substance abuse constitutes one of the major contributing factors to criminal activity; and

      Whereas, A study by the Commission on Substance Abuse Education, Prevention, Enforcement and Treatment estimated that 80 percent of persons arrested tested positive for drug use; and

      Whereas, The results of a landmark 1992 study of the effectiveness and benefits of programs for the treatment of substance abuse in California indicated three major findings:

      1.  There is a return of $7 for each dollar invested in such programs;

      2.  There is a significant decline in the criminal activities of persons who complete treatment in such programs; and

      3.  There are significant improvements in the health and corresponding reductions in the hospitalization of persons who participate in treatment in such programs; and


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ê1997 Statutes of Nevada, Page 2652 (Chapter 552, SB 432)ê

 

      Whereas, Therapeutic communities that provide treatment for certain offenders who are substance abusers constitute a good investment of public funds yielding a significant return; and

      Whereas, The benefits of therapeutic communities justify the use of scarce public funds to operate such communities; now, therefore,

 

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

 

      Section 1.  Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Bureau” means the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation.

      Sec. 4.  “Program of aftercare” means a program that is established pursuant to section 9 of this act to provide continuing treatment to those offenders who successfully complete treatment in a therapeutic community.

      Sec. 5.  “Substance abuser” means a person who abuses, is addicted to or is psychologically or physically dependent on:

      1.  Alcohol;

      2.  A controlled substance; or

      3.  A drug, poison, solvent or toxic inhalant. This subsection does not include tobacco or products made from tobacco.

      Sec. 6.  “Therapeutic community” means a program that is established pursuant to section 7 of this act to provide treatment to certain offenders who are substance abusers.

      Sec. 7.  1.  The director shall, in conjunction with the bureau and with the approval of the board, establish one or more therapeutic communities to provide treatment to certain offenders who are substance abusers. A therapeutic community must include, but is not limited to, the requirements set forth in this section.

      2.  A therapeutic community must provide an offender with:

      (a) Intensive treatment for substance abuse;

      (b) A clearly defined set of goals;

      (c) A clearly defined structure of authority; and

      (d) A highly structured schedule that includes, but is not limited to, the treatment listed in paragraph (a) and, if practicable, programs of employment, general education or vocational training.

      3.  Except as otherwise provided in sections 2 to 13, inclusive, of this act, offenders who are assigned to a therapeutic community, to the extent practicable as determined by the director or a person designated by the director:

      (a) Must be housed in areas of a facility or institution that are segregated from other areas of the facility or institution in which offenders who are not assigned to the therapeutic community are housed; and


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ê1997 Statutes of Nevada, Page 2653 (Chapter 552, SB 432)ê

 

      (b) Must participate in the therapeutic community for a period of 1 year and a program of aftercare for a period of 1 year if a program of aftercare is required pursuant to section 9 of this act.

      Sec. 8.  1.  The director shall, in conjunction with the bureau and with the approval of the board, establish a program to evaluate an offender in the custody of the department to determine whether the offender is a substance abuser and whether the offender may benefit from participation in a therapeutic community.

      2.  An evaluation of an offender must be conducted pursuant to subsection 1 if:

      (a) The offender requests the evaluation; and

      (b) The offender is eligible to be assigned to a therapeutic community.

      3.  After an evaluation is conducted pursuant to subsection 1, the director or a person designated by the director shall determine whether the offender is a substance abuser and whether the offender may benefit from participation in a therapeutic community.

      4.  If a determination is made that the offender is a substance abuser and that the offender may benefit from participation in a therapeutic community, the director or a person designated by the director may offer the offender the choice of participating in a therapeutic community. In determining whether to offer an offender the choice of participating in a therapeutic community, the director or a person designated by the director shall:

      (a) Consider the severity of the problem of substance abuse by the offender and the availability of space in each therapeutic community; and

      (b) Give preference, to the extent practicable, to those offenders who appear to be most capable of successfully participating in and completing treatment in a therapeutic community.

      5.  If an offender accepts an offer to participate in a therapeutic community:

      (a) The offender must sign an authorization form, prepared by the director or a person designated by the director, in which the offender agrees to and accepts the conditions of participation in the therapeutic community and a program of aftercare; and

      (b) The offender must be assigned to participate in the therapeutic community for the year immediately preceding the date on which his term of imprisonment expires or the date on which he is due to be released on parole, whichever is likely to occur earlier.

      Sec. 9.  1.  The director shall, in conjunction with the bureau and with the approval of the board, establish one or more programs of aftercare to provide continuing treatment to those offenders who successfully complete treatment in a therapeutic community.

      2.  Except as otherwise provided in sections 2 to 13, inclusive, of this act:

      (a) An offender who successfully completes treatment in a therapeutic community must be assigned, to the extent practicable as determined by the director or a person designated by the director, to a program of aftercare upon completion of treatment in a therapeutic community.


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ê1997 Statutes of Nevada, Page 2654 (Chapter 552, SB 432)ê

 

      (b) An offender shall participate, to the extent practicable as determined by the director or a person designated by the director, in a program of aftercare for a period of 1 year.

      (c) If an offender is assigned to a program of aftercare and, before or during his participation in such a program, the offender is released on parole:

             (1) The offender shall continue to participate in a program of aftercare, to the extent practicable as determined by the director or a person designated by the director and by the state board of parole commissioners; and

             (2) Such participation, if any, must be made a condition of parole pursuant to section 15 of this act.

      (d) If an offender is assigned to a program of aftercare and, before or during his participation in such a program, the offender is assigned to serve a term of residential confinement pursuant to NRS 209.392, the offender shall continue to participate in a program of aftercare to the extent practicable as determined by the director or a person designated by the director.

      Sec. 10.  1.  The director or a person designated by the director may remove an offender from a therapeutic community or a program of aftercare, temporarily or permanently, for any lawful reason or purpose.

      2.  The director may impose conditions on the participation of an offender in a therapeutic community or a program of aftercare and may establish sanctions and incentives relating to participation in a therapeutic community or a program of aftercare.

      3.  The provisions of sections 2 to 13, inclusive, of this act do not create a right on behalf of an offender to participate in a therapeutic community or a program of aftercare and do not establish a basis for any cause of action against the state or its officers or employees for denial of the ability to participate in or for removal from a therapeutic community or a program of aftercare.

      Sec. 11.  An offender may not participate in a therapeutic community if the offender:

      1.  Was sentenced to death or a term of imprisonment for life without the possibility of parole;

      2.  Has been convicted of more than one felony, unless all of the felonies for which the offender has been convicted arose out of the same act, transaction or occurrence; or

      3.  Is or was eligible to participate in the program of treatment established pursuant to NRS 209.425, whether or not the offender actually participated in or completed that program of treatment.

      Sec. 12.  To carry out the provisions of sections 2 to 13, inclusive, of this act, the director may contract with persons or private entities that are qualified to evaluate offenders who are substance abusers or qualified to administer therapeutic communities or programs of aftercare.

      Sec. 13.  The director shall provide the following information to the interim finance committee on or before January 31 of each even-numbered year and to the senate standing committee on finance and the assembly standing committee on ways and means at the beginning of each regular session of the legislature:

 


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ê1997 Statutes of Nevada, Page 2655 (Chapter 552, SB 432)ê

 

standing committee on ways and means at the beginning of each regular session of the legislature:

      1.  The number of offenders who are currently participating in therapeutic communities and programs of aftercare;

      2.  The number of offenders who have participated in therapeutic communities and programs of aftercare and the number of those offenders who subsequently have been arrested for other offenses; and

      3.  The number of offenders who have successfully completed treatment in therapeutic communities and programs of aftercare and the number of those offenders who subsequently have been arrested for other offenses.

The central repository for Nevada records of criminal history shall assist the director in obtaining all data that is necessary to prepare the information required by subsections 2 and 3.

      Sec. 14.  NRS 209.463 is hereby amended to read as follows:

      209.463  Except as otherwise provided in section 6 of [this act,] Senate Bill No. 328 of this session, the director may make the following deductions, in the following order of priority, from the wages earned by an offender from any source during his incarceration:

      1.  If the hourly wage of the offender is equal to or greater than the federal minimum wage:

      (a) An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.

      (b) An amount the director considers reasonable to meet an existing obligation of the offender for the support of his family.

      (c)An amount determined by the director, with the approval of the board, for deposit in the state treasury for credit to the fund for new construction of facilities for prison industries, but only if the offender is employed through a program for prison industries.

      (d) An amount determined by the director for deposit in the individual account of the offender in the prisoners’ personal property fund.

      (e) An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department. An amount deducted pursuant to this paragraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to sections 2 to 13, inclusive, of this act in a therapeutic community or a program of aftercare, or both.

      (f) A deduction pursuant to NRS 209.246.

      (g)An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release, or if the offender dies before his release, to defray expenses related to arrangements for his funeral.

      (h) An amount the director considers reasonable to meet an existing obligation of the offender for restitution to any victim of his crime.

      (i) An amount the director considers reasonable to pay the balance of an administrative assessment included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of an unpaid administrative assessment included in a judgment entered against the offender for a crime committed in this state for which he was previously convicted.


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ê1997 Statutes of Nevada, Page 2656 (Chapter 552, SB 432)ê

 

convicted. An amount deducted from the wages of the offender pursuant to this paragraph must be submitted:

             (1) If the offender does not have an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.

             (2) If the offender has an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which an administrative assessment is owing, until the balance owing has been paid.

      (j) An amount the director considers reasonable to pay the balance of a fine included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of an unpaid fine included in a judgment entered against the offender for a crime committed in this state for which he was previously convicted. An amount deducted from the wages of the offender pursuant to this paragraph must be submitted:

             (1) If the offender does not have a fine owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.

             (2) If the offender has a fine owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which a fine or administrative assessment is owing, until the balance owing has been paid.

The director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during his incarceration.

      2.  If the hourly wage of the offender is less than the federal minimum wage:

      (a) An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.

      (b) An amount determined by the director, with the approval of the board, for deposit in the state treasury for credit to the fund for new construction of facilities for prison industries, but only if the offender is employed through a program for prison industries.

      (c) An amount determined by the director for deposit in the individual account of the offender in the prisoners’ personal property fund.

      (d) An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department. An amount deducted pursuant to this paragraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to sections 2 to 13, inclusive, of this act in a therapeutic community or a program of aftercare, or both.

      (e) A deduction pursuant to NRS 209.246.

      (f) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release, or if the offender dies before his release, to defray expenses related to arrangements for his funeral.


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ê1997 Statutes of Nevada, Page 2657 (Chapter 552, SB 432)ê

 

The director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during his incarceration.

      Sec. 15.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a prisoner is granted parole and a determination has been made pursuant to section 9 of this act that the prisoner must continue in a program of aftercare, the board shall, in addition to any other condition of parole, require as a condition of parole that the parolee participate in the program of aftercare to which he has been assigned pursuant to section 9 of this act.

      Sec. 16.  NRS 213.107 is hereby amended to read as follows:

      213.107  As used in NRS 213.107 to 213.157, inclusive, section 1 of Assembly Bill No. 240 of this session , [and] section 8 of [this act,] Senate Bill No. 402 of this session and section 15 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. 17.  Section 5 of Senate Bill No. 328 of this session is hereby amended to read as follows:

       Sec. 5.  Except as otherwise provided in section 6 of this act, the director may make the following deductions, in the following order of priority, from any money deposited in the individual account of an offender from any source other than his wages:

       1.  An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime created pursuant to NRS 217.260.

       2.  An amount the director considers reasonable to meet an existing obligation of the offender for the support of his family.


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ê1997 Statutes of Nevada, Page 2658 (Chapter 552, SB 432)ê

 

       3.  An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department. An amount deducted pursuant to this subsection may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to sections 2 to 13, inclusive, of Senate Bill No. 432 of this session in a therapeutic community or a program of aftercare, or both.

       4.  A deduction pursuant to NRS 209.246.

       5.  An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release or, if the offender dies before his release, to defray expenses related to arrangements for his funeral.

       6.  An amount the director considers reasonable to meet an existing obligation of the offender for restitution to a victim of his crime.

       7.  An amount the director considers reasonable to pay the balance of an administrative assessment included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of an unpaid administrative assessment included in a judgment entered against the offender for a crime committed in this state for which he was previously convicted. An amount deducted from a source other than the wages earned by the offender during his incarceration, pursuant to this subsection, must be submitted:

       (a) If the offender does not have an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.

       (b) If the offender has an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which an administrative assessment is owing, until the balance owing has been paid.

       8.  An amount the director considers reasonable to pay the balance of a fine included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of an unpaid fine included in a judgment entered against the offender for a crime committed in this state for which he was previously convicted. An amount deducted from any source other than the wages earned by the offender during his incarceration, pursuant to this subsection, must be submitted:

       (a) If the offender does not have a fine owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.

       (b) If the offender has a fine owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which any fine or administrative assessment is owing, until the balance owing has been paid.

The director shall determine the priority of any other deduction authorized by law from any source other than the wages earned by the offender during his incarceration.


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ê1997 Statutes of Nevada, Page 2659 (Chapter 552, SB 432)ê

 

      Sec. 18.  1.  There is hereby appropriated from the state general fund to the department of prisons for carrying out the provisions of sections 2 to 13, inclusive, of this act:

For the fiscal year 1997-1998......................................................................... $250,000

For the fiscal year 1998-1999......................................................................... $250,000

      2.  The sums appropriated by subsection 1 are available for either fiscal year. Any balance of those sums 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. 19.  Section 16 of this act becomes effective at 12:02 a.m. on October 1, 1997.

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CHAPTER 553, SB 433

Senate Bill No. 433–Senators Rawson, Adler, Coffin, James, Mathews, O’Donnell, Regan, Schneider, Townsend, Washington and Wiener

CHAPTER 553

AN ACT relating to public welfare; requiring the department of human resources to establish and administer a program to provide certain services to persons with physical disabilities; requiring the department to request a waiver to amend the state plan for Medicaid to include those services as medical assistance under the plan; requiring the department to contract with the department of employment, training and rehabilitation to coordinate the provision of those services; making an appropriation; 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 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  As used in sections 3 and 4 of this act, unless the context otherwise requires, “person with a physical disability” means a person with a severe physical disability that substantially limits his ability to participate and contribute independently in the community in which he lives.

      Sec. 3.  1.  The department, through a division of the department designated by the director, shall establish and administer a program to provide community-based services necessary to enable a person with a physical disability to remain in his home or with his family and avoid placement in a facility for long-term care. The department shall contract with the department of employment, training and rehabilitation to coordinate the provision of community-based services pursuant to this section.

      2.  The department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1396n(c) that authorizes the department to amend the state plan for Medicaid adopted by the department pursuant to NRS 422.270 in order to authorize the department to include as medical assistance under the state plan the following services for persons with physical disabilities:

 


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ê1997 Statutes of Nevada, Page 2660 (Chapter 553, SB 433)ê

 

department to include as medical assistance under the state plan the following services for persons with physical disabilities:

      (a) Respite care;

      (b) Habilitation;

      (c) Residential habilitation;

      (d) Environmental modifications;

      (e) Supported living;

      (f) Supported living habilitation;

      (g) Supported personal care; and

      (h) Any other community-based services approved by the Secretary of Health and Human Services.

The department shall cooperate with the Federal Government in obtaining a waiver pursuant to this subsection.

      3.  The department shall, in consultation with department of employment, training and rehabilitation, adopt regulations necessary to carry out the provisions of this section, including, without limitation, the criteria to be used in determining eligibility for the services provided pursuant to the program. Before adopting regulations pursuant to this section, the department shall solicit comments from persons with a variety of disabilities and members of the families of those persons.

      Sec. 4.  On or before December 31 of each even-numbered year, the director shall:

      1.  Prepare a report of the effectiveness of the program administered pursuant to section 3 of this act during the preceding biennium; and

      2.  Submit the report to the governor and to the director of the legislative counsel bureau for transmittal to the next regular session of the Nevada legislature.

      Sec. 5.  Chapter 426 of NRS is hereby amended by adding thereto a new section to read as follows:

      Sec. 6.  1.  The department of employment, training and rehabilitation may, to carry out its obligations under a contract entered into with the department of human resources pursuant to section 3 of this act, use the personnel of the department of employment, training and rehabilitation or contract with any appropriate public or private agency, organization or institution to provide the community-based services necessary to enable a person with a physical disability to remain in his home or with his family and avoid placement in a facility for long-term care.

      2.  A contract entered into with a public or private agency, organization or institution pursuant to subsection 1 must:

      (a) Include a description of the type of service to be provided;

      (b) Specify the price to be paid for each service and the method of payment; and

      (c) Specify the criteria to be used to evaluate the provision of the service.

      3.  As used in this section, “person with a physical disability” has the meaning ascribed to it in section 2 of this act.

      Sec. 7.  1.  There is hereby appropriated from the state general fund to the department of employment, training and rehabilitation the sum of $500,000 to coordinate, in accordance with a contract entered into with the department of human resources pursuant to section 3 of this act, the provision of community-based services necessary to enable a person with a physical disability to remain in his home or with his family and avoid placement in a facility for long-term care.


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ê1997 Statutes of Nevada, Page 2661 (Chapter 553, SB 433)ê

 

$500,000 to coordinate, in accordance with a contract entered into with the department of human resources pursuant to section 3 of this act, the provision of community-based services necessary to enable a person with a physical disability to remain in his home or with his family and avoid placement in a facility for long-term care.

      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. 8.  1.  Before the department of human resources establishes the program required pursuant to section 3 of this act, the department, in consultation with the department of employment, training and rehabilitation, shall:

      (a) Submit a report to the interim finance committee concerning the program; and

      (b) Receive the approval of the interim finance committee to establish the program.

      2.  The report required pursuant to subsection 1 must include:

      (a) The services that will be provided pursuant to the program;

      (b) An estimate of:

             (1) The number of persons to whom services will be provided pursuant to the program;

             (2) The cost of each service that will be provided pursuant to the program; and

             (3) The costs to administer the program and provide services pursuant to the program for the biennium during which the program is established; and

      (c) Any other information requested by the interim finance committee.

      Sec. 9.  1.  This section and section 7 of this act become effective on June 30, 1997.

      2.  Sections 1 to 6, inclusive, and 8 of this act become effective on October 1, 1997.

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ê1997 Statutes of Nevada, Page 2662ê

 

CHAPTER 554, SB 436

Senate Bill No. 436–Senators Rawson, James, Augustine, Jacobsen, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Regan, Rhoads, Schneider, Shaffer, Washington and Wiener

CHAPTER 554

AN ACT relating to crimes; revising the provisions governing the exhibition and distribution to minors of material that is harmful to minors; 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 201 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  “Distribute” means to transfer possession with or without consideration.

      Sec. 3.  “Material” means:

      1.  A book, pamphlet, magazine, newspaper, printed advertising or other printed or written material;

      2.  A motion picture, photograph, picture, drawing, statue, sculpture or other visual representation or image; or

      3.  A transcription, recording or live or recorded telephone message.

      Sec. 4.  The provisions of NRS 201.256 to 201.265, inclusive, section 1 of Assembly Bill No. 336 of this session and sections 2, 3 and 4 of this act do not apply to:

      1.  A university, community college, school, museum or library which is operated by or which is under the direct control of this state or a political subdivision of this state; or

      2.  An employee or independent contractor of an institution listed in subsection 1, if the employee or independent contractor is acting within the scope of his employment or contractual relationship.

      Sec. 5.  NRS 201.256 is hereby amended to read as follows:

      201.256  As used in NRS 201.256 to 201.265, inclusive, and section 1 of [this act,] Assembly Bill No. 336 of this session and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 201.257 to 201.264, inclusive, and section 1 of [this act,] Assembly Bill No. 336 of this session and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.

      Sec. 6.  NRS 201.265 is hereby amended to read as follows:

      201.265  Except [under the circumstances described in] as otherwise provided in section 4 of this act and NRS 200.720, a person is guilty of a misdemeanor [who] if the person knowingly:

      1.  [Exhibits for sale, sells or loans for monetary consideration] Distributes or causes to be distributed to a minor [, or exhibits for sale] material that is harmful to minors, unless the person is the parent, guardian or spouse of the minor.

      2.  Exhibits for distribution to an adult in such a manner or location as to allow a minor to view or to have access [for examination any picture, photograph, drawing, sculpture, motion picture or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and] to examine material that is harmful to minors [.]


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ê1997 Statutes of Nevada, Page 2663 (Chapter 554, SB 436)ê

 

photograph, drawing, sculpture, motion picture or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and] to examine material that is harmful to minors [.] , unless the person is the parent, guardian or spouse of the minor.

      [2.  Exhibits for sale, sells or loans for monetary consideration to a minor, or exhibits for sale to an adult in such a manner or location as to allow a minor to view, read, hear or examine any book, pamphlet, magazine, printed matter, however reproduced, or sound recording, with or without music, which contains any matter enumerated in subsection 1, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse, which is harmful to minors.

      3.  Exhibits for monetary consideration to a minor, sells]

      3.  Sells to a minor an admission ticket or pass [or] for or otherwise admits a minor [,] for monetary consideration [, to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse and] to any presentation of material that is harmful to minors, unless the minor is accompanied by his parent, guardian or spouse.

      4.  Misrepresents that he is the parent, guardian or spouse of a minor for the purpose of [obtaining] :

      (a) Distributing to the minor material that is harmful to minors; or

      (b) Obtaining admission of the minor to any [motion picture, show or any other presentation which] presentation of material that is harmful to minors.

      5.  Misrepresents his age as 18 or over for the purpose of obtaining [admission] :

      (a) Material that is harmful to minors; or

      (b) Admission to any [motion picture, show or other presentation which] presentation of material that is harmful to minors.

      6.  Sells or rents motion pictures which contain material that is harmful to minors on the premises of a business establishment open to minors, unless the person creates an area within the establishment for the placement of the motion pictures and any material that advertises the sale or rental of the motion pictures which:

      (a) Prevents minors from observing the motion pictures or any material that advertises the sale or rental of the motion pictures; and

      (b) Is labeled, in a prominent and conspicuous location, “Adults Only.”

      Sec. 7.  Section 1 of Assembly Bill No. 336 of this section is hereby amended to read as follows:

       Section 1.  Chapter 201 of NRS is hereby amended by adding thereto a new section to read as follows:

       “Motion picture” means a film [,] or a video recording, whether or not it has been rated appropriate for a particular audience, that is:

       1.  Placed on a videodisc or videotape; or

       2.  To be shown in a theater or on television,

and includes, without limitation, a cartoon or an animated film.


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ê1997 Statutes of Nevada, Page 2664 (Chapter 554, SB 436)ê

 

      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 do not apply to offenses that are committed before October 1, 1997.

      Sec. 10.  Sections 5, 6 and 7 of this act become effective at 12:01 a.m. on October 1, 1997.

________

 

CHAPTER 555, SB 451

Senate Bill No. 451–Senator Regan

CHAPTER 555

AN ACT relating to tow cars; requiring operators of tow cars to obtain certificates of public convenience and necessity before operating in this state; requiring the public service commission of Nevada to issue certificates of public convenience and necessity to all operators of tow cars who were previously authorized by the commission to operate in this state; authorizing the commission to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle; requiring operators of tow cars to file their rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle with the commission; requiring an operator of a tow car to file with the public service commission of Nevada his charges for preparing or satisfying a lien against a stored vehicle; making various changes concerning operators of tow cars; providing penalties; 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 703.010 is hereby amended to read as follows:

      703.010  As used in this chapter:

      1.  “Commission” means the public service commission of Nevada.

      2.  “Fully regulated carrier” has the meaning ascribed to it in NRS 706.072.

      3.  “Tow car” has the meaning ascribed to it in NRS 706.131.

      4.  “Towing services” has the meaning ascribed to it in section 9 of this act.

      Sec. 2.  NRS 703.191 is hereby amended to read as follows:

      703.191  1.  Each public utility, fully regulated carrier , operator of a tow car and broker of services regulated by the commission shall:

      (a) Keep uniform and detailed accounts of all business transacted in the manner required by the commission by regulation, and render them to the commission upon its request.

      (b) Furnish an annual report to the commission in the form and detail which it prescribes by regulation.

The regulations of the commission may not require an operator of a tow car to keep accounts and report information concerning towing services other than information that is necessary to permit the commission to enforce the provisions of NRS 706.010 to 706.791, inclusive.


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ê1997 Statutes of Nevada, Page 2665 (Chapter 555, SB 451)ê

 

      2.  Except as otherwise provided in subsection 3, the reports required by this section must be prepared for each calendar year and submitted not later than May 15 of the year following the year for which the report is submitted.

      3.  A motor carrier may, with the permission of the commission, prepare the reports required by this section for a year other than a calendar year which the commission specifies, and submit them not later than a date specified by the commission in each year.

      4.  If the commission finds that necessary information is not contained in a report submitted pursuant to this section, it may call for the omitted information at any time.

      Sec. 3.  NRS 703.310 is hereby amended to read as follows:

      703.310  1.  When a complaint is made against any public utility, fully regulated carrier , [or] broker of regulated services or operator of a tow car by any person, that [any] :

      (a) Any of the rates, tolls, charges or schedules, or any joint rate or rates assessed by any public utility, fully regulated carrier or broker of regulated services are in any respect unreasonable or unjustly discriminatory [, or that any] ;

      (b) Any of the rates, tolls, charges or schedules, or any joint rate or rates assessed by any operator of a tow car for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle is unreasonable or unjustly discriminatory;

      (c) Any of the provisions of NRS 706.446 to 706.453, inclusive, and sections 10, 11 and 11.5 of this act have been violated;

      (d) Any regulation, measurement, practice or act directly relating to the transportation of persons or property, including the handling and storage of that property, or the service of any broker in connection therewith, or any regulation, measurement, practice or act affecting or relating to the production, transmission or delivery or furnishing of heat, light, gas, coal slurry, water or power, or any service in connection therewith or the transmission thereof is, in any respect, unreasonable, insufficient or unjustly discriminatory [, or that any] ; or

      (e) Any service is inadequate,

the division of consumer relations of the commission shall investigate the complaint. After receiving the complaint, the division shall give a copy of it to the public utility, carrier , [or] broker or operator of a tow car against whom the complaint is made. Within a reasonable time thereafter, the public utility, carrier , [or] broker or operator of a tow car shall provide the division with its written response to the complaint according to the regulations of the commission.

      2.  If the division of consumer relations is unable to resolve the complaint, the division shall transmit the complaint, the results of its investigation and its recommendation to the commission. If the commission determines that probable cause exists for the complaint, it shall order a hearing thereof, give notice of the hearing and conduct the hearing as it would any other hearing.

      3.  No order affecting a rate, toll, charge, schedule, regulation, measurement, practice or act complained of may be entered without a formal hearing unless the hearing is dispensed with as provided in NRS 703.320.


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ê1997 Statutes of Nevada, Page 2666 (Chapter 555, SB 451)ê

 

formal hearing unless the hearing is dispensed with as provided in NRS 703.320.

      Sec. 4.  NRS 703.320 is hereby amended to read as follows:

      703.320  1.  When, in any matter pending before the commission, a hearing is required by law, or is normally required by the commission, the commission shall give notice of the pendency of the matter to all persons entitled to notice of the hearing. The commission shall by regulation specify:

      (a) The manner of giving notice; and

      (b) Where not specified by law, the persons entitled to notice in each type of proceeding.

      2.  Unless, within 10 days after the date of the notice of pendency, a person entitled to notice of the hearing files with the commission a request that the hearing be held, the commission may dispense with a hearing and act upon the matter pending.

      3.  If a request for a hearing is filed, the commission shall give at least 10 days’ notice of the hearing.

      4.  If an operator of a tow car files an application for a certificate of public convenience and necessity or an application to transfer a certificate of public convenience and necessity with the commission, the commission shall give notice pursuant to the provisions of subsection 1.

      Sec. 5.  NRS 703.374 is hereby amended to read as follows:

      703.374  1.  A court of competent jurisdiction, after hearing, may issue an injunction suspending or staying any final order of the commission if:

      (a) The applicant has filed a motion for a preliminary injunction;

      (b) The applicant has served the motion on the commission and other interested parties within 20 days after the rendition of the order on which the complaint is based;

      (c) The court finds there is a reasonable likelihood that the applicant will prevail on the merits of the matter and will suffer irreparable injury if injunctive relief is not granted; and

      (d) The applicant files a bond or other undertaking to secure the adverse parties in such manner as the court finds sufficient.

      2.  The decision of the commission on each matter considered shall be deemed reasonable and just until set aside by the court, and in all actions for injunction or otherwise , the burden of proof is upon the party attacking or resisting the order of the commission to show by clear and satisfactory evidence that the order is unlawful, or unreasonable, as the case may be.

      3.  If an injunction is granted by the court and the order complained of is one which permanently suspends a schedule of rates and charges or a part thereof filed by any public utility pursuant to NRS 704.070 to 704.110, inclusive, or by any fully regulated carrier or operator of a tow car pursuant to NRS 706.321 to 706.346, inclusive, or which otherwise prevents the schedule or any part thereof from taking effect, the public utility , [or] carrier or operator of a tow car complaining may keep in effect or put into effect, as the case may be, the suspended schedule or any part thereof pending final determination by the court having jurisdiction, by filing a bond with the court in such an amount as the court may fix, conditioned upon the refund to persons entitled to the excess amount if the rate or rates so suspended are finally determined by the court to be excessive.


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ê1997 Statutes of Nevada, Page 2667 (Chapter 555, SB 451)ê

 

upon the refund to persons entitled to the excess amount if the rate or rates so suspended are finally determined by the court to be excessive.

      Sec. 6.  NRS 703.375 is hereby amended to read as follows:

      703.375  1.  If a court determines that the rate or rates considered by the commission are excessive, and that the public utility , [or] fully regulated carrier or operator of a tow car has collected those excessive rates, the public utility , [or] carrier or operator of a tow car shall compute and refund the excess or overpayment of the rate or rates pursuant to a plan approved by the commission:

      (a) For public utilities, within 60 days after the entry of the final judgment of the court.

      (b) For carriers [,] or operators of tow cars, within 120 days after the entry of the final judgment of the court.

      2.  The public utility , [or] carrier or operator of a tow car shall prepare and file with the commission a statement and report in affidavit form stating that all money has been refunded according to the approved plan, and if there are persons to whom payment has not or cannot be made, the names, addresses and individual amounts of the refund must be listed in the report. The statement and report must be filed with the commission:

      (a) By the public utility within 90 days after the entry of final judgment.

      (b) By the carrier or operator of a tow car within 150 days after the entry of final judgment.

The public utility , [and the] carrier or operator of a tow car shall pay the aggregate amount of the unpaid refunds to the commission.

      3.  The commission shall:

      (a) Retain the aggregate refunds in the public service commission regulatory fund subject to the claim of each person entitled thereto for his share in the refund; and

      (b) Pay all valid claims which are presented for payment within 2 years after the date of the entry of final judgment of the court.

All claimants must identify themselves to the satisfaction of the commission before payment may be made.

      4.  Any person has a right of action against the commission in the event of a refusal of the commission to pay his claim if the person’s name appears in the report filed by the public utility [or carrier.] , carrier or operator of a tow car. This action against the commission must be brought within 6 months after the refusal to pay the claim.

      5.  The commission shall investigate every case in which a claim is presented to it by a person claiming a refund [under] pursuant to a plan submitted by a public utility , [or] carrier or operator of a tow car which was approved by the commission. If the investigation results in a refusal by the public utility , [or] carrier or operator of a tow car to pay a valid claim, [then] the claimant has a right of action against the public utility [or carrier.] , carrier or operator of a tow car.

      6.  Any unclaimed money which remains in the custody of the commission at the expiration of the 2-year period escheats to [the] this state.


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

ê1997 Statutes of Nevada, Page 2668 (Chapter 555, SB 451)ê

 

      Sec. 7.  Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 11.5, inclusive, of this act.

      Sec. 8.  “Tilt bed” includes the bed of a truck onto which a vehicle may be hoisted and secured for transport.

      Sec. 9.  “Towing services” includes the process of towing a vehicle, the storage of that vehicle, the storage of items found in that vehicle and the process of preparing and satisfying any liens against that vehicle to which the operator is entitled.

      Sec. 10.  The commission may not regulate the:

      1.  Geographical area in which towing services are provided;

      2.  Types of towing services that are provided; or

      3.  Rates and charges assessed or the terms and conditions imposed for towing services performed with the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle,

by an operator of a tow car.

      Sec. 11.  1.  An operator of a tow car who is issued a certificate of public convenience and necessity may transfer it to another operator of a tow car qualified pursuant to the provisions of NRS 706.011 to 706.791, inclusive, but no such transfer is valid for any purpose until a joint application to make the transfer is made to the commission by the transferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor. No transfer of stock of a corporate operator of a tow car subject to the jurisdiction of the commission is valid without the prior approval of the commission if the effect of the transfer would be to change the corporate control of the operator of a tow car or if a transfer of 15 percent or more of the common stock of the operator of a tow car is proposed.

      2.  The commission shall approve an application filed with it pursuant to subsection 1 if it determines that the transferee:

      (a) Complies with the provisions of NRS 706.011 to 706.791, inclusive, and the regulations adopted by the commission pursuant to those provisions;

      (b) Uses equipment that is in compliance with the regulations adopted by the commission;

      (c) Has provided evidence that he has filed with the commission a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and

      (d) Has provided evidence that he has filed with the commission schedules and tariffs pursuant to NRS 706.321 which contain rates and charges and the terms and conditions that the operator of the tow car requires to perform towing services without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle which do not exceed the rates and charges that the transferor was authorized to assess for the same services.

      3.  The commission may hold a hearing concerning an application submitted pursuant to this section only if:

      (a) Upon the expiration of the time fixed in the notice that an application for transfer of a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the commission; or


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

ê1997 Statutes of Nevada, Page 2669 (Chapter 555, SB 451)ê

 

      (b) The commission finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 2.

      4.  The commission shall not hold a hearing on an application submitted pursuant to this section if the application is made to transfer the certificate of public convenience and necessity from a natural person or partners to a corporation whose controlling stockholders will be substantially the same person or partners.

      5.  The approval by the commission of an application for transfer of a certificate of public convenience and necessity of an operator of a tow car is not valid after the expiration of the term for the transferred certificate.

      Sec. 11.5.  1.  Each operator of a tow car shall file its charges for preparing or satisfying a lien to which the operator is entitled against a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle. The commission may investigate any charge filed pursuant to this subsection and revise the charge as necessary to ensure that the charge is reasonable.

      2.  An operator of a tow car may not impose a charge or any part of a charge filed pursuant to subsection 1 unless the operator:

      (a) Has initiated the procedure by which a person may satisfy a lien; and

      (b) Stores the vehicle for at least 96 hours.

      3.  If an operator of a tow car stores a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle for at least 96 hours but not more than 336 hours, the operator may charge an amount not to exceed 50 percent of the charge approved by the commission pursuant to subsection 1 for preparing or satisfying a lien.

      4.  If an operator of a tow car stores a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle for more than 336 hours, the operator may charge an amount not to exceed 50 percent of the charge approved by the commission pursuant to subsection 1 for preparing or satisfying a lien in addition to the amount charged pursuant to subsection 3.

      Sec. 12.  NRS 706.011 is hereby amended to read as follows:

      706.011  As used in NRS [706.013] 706.011 to 706.791, inclusive, and sections 8 to 11.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, and sections 8 and 9 of this act have the meanings ascribed to them in those sections.

      Sec. 13.  NRS 706.051 is hereby amended to read as follows:

      706.051  “Contract motor carrier” means any person or operator engaged in transportation by motor vehicle of passengers or [property] household goods for compensation [under] pursuant to continuing contracts with one person or a limited number of persons:

      1.  For the furnishing of transportation services through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served;


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

ê1997 Statutes of Nevada, Page 2670 (Chapter 555, SB 451)ê

 

      2.  For the furnishing of transportation services designed to meet the distinct need of each individual customer; and

      3.  Not operating as a common motor carrier of passengers or property.

      Sec. 14.  NRS 706.131 is hereby amended to read as follows:

      706.131  “Tow car” means a vehicle which is designed or modified and equipped for and is used exclusively in the business of towing or transporting disabled vehicles by means of a crane, hoist, tow bar, towline , tilt bed or dolly, or is otherwise exclusively used to render assistance to disabled vehicles or to tow any vehicle which is being impounded by any law enforcement agency, removed from any unauthorized parking area or which is otherwise required to be transported by tow car at the request of the owner of [such] the vehicle or any other authorized person.

      Sec. 15.  NRS 706.151 is hereby amended to read as follows:

      706.151  1.  It is hereby declared to be the purpose and policy of the legislature in enacting this chapter:

      (a) Except to the extent otherwise provided in NRS 706.881 to 706.885, inclusive, to confer upon the commission the power and to make it the duty of the commission to regulate fully regulated carriers , operators of tow cars and brokers of regulated services to the extent provided in this chapter and to confer upon the department the power to license all motor carriers and to make it the duty of the department to enforce the provisions of this chapter and the regulations adopted by the commission pursuant to it, to relieve the undue burdens on the highways arising by reason of the use of the highways by vehicles in a gainful occupation thereon.

      (b) To provide for reasonable compensation for the use of the highways in gainful occupations, and enable the State of Nevada, by using license fees, to provide for the proper construction, maintenance and repair thereof, and thereby protect the safety and welfare of the traveling and shipping public in their use of the highways.

      (c) To provide for fair and impartial regulation, to promote safe, adequate, economical and efficient service and to foster sound economic conditions in motor transportation.

      (d) To encourage the establishment and maintenance of reasonable charges for [intrastate] :

             (1) Intrastate transportation by fully regulated carriers ; and

             (2) Towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle,

without unjust discriminations against or undue preferences or advantages being given to any motor carrier or applicant for a certificate of public convenience and necessity.

      (e) To discourage any practices which would tend to increase or create competition that may be detrimental to the traveling and shipping public or the motor carrier business within this state.

      2.  All of the provisions of this chapter must be administered and enforced with a view to carrying out the declaration of policy contained in this section.

      Sec. 16.  NRS 706.156 is hereby amended to read as follows:

      706.156  1.  All common and contract motor carriers and brokers are hereby declared to be, to the extent provided in this chapter:


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

ê1997 Statutes of Nevada, Page 2671 (Chapter 555, SB 451)ê

 

      (a) Affected with a public interest; and

      (b) Subject to NRS 706.011 to 706.791, inclusive.

      2.  [Fully regulated carriers are subject to the regulation of rates, charges and services by the commission.

      3.]  A purchaser or broker of transportation services which are provided by a common motor carrier who holds a certificate of public convenience and necessity may resell those services, in combination with other services and facilities that are not related to transportation, but only in a manner complying with the scope of authority set forth in the certificate of the common motor carrier. The commission shall not prohibit or restrict such a purchaser or broker from reselling those transportation services to any person based upon that person’s affiliation, or lack of affiliation, with any group.

      Sec. 17.  NRS 706.166 is hereby amended to read as follows:

      706.166  The commission shall:

      1.  Subject to the limitation provided in NRS 706.168 and to the extent provided in this chapter, supervise and regulate [every] :

      (a) Every fully regulated carrier and broker of regulated services in this state in all matters directly related to those activities of the motor carrier and broker actually necessary for the transportation of persons or property, including the handling and storage of that property, over and along the highways.

      (b) Every operator of a tow car concerning the rates and charges assessed for towing services performed without the prior consent of the operator of the vehicle or the person authorized by the owner to operate the vehicle and pursuant to the provisions of NRS 706.010 to 706.791, inclusive.

      2.  Cooperate with the department in its issuance of permits by performing safety and operational investigations of all persons applying for a permit from the department to transport radioactive waste, and reporting its findings to the department.

      3.  Enforce the standards of safety applicable to the employees, equipment, facilities and operations of those common and contract carriers subject to the authority of the commission or the department by:

      (a) Providing training in safety;

      (b) Reviewing and observing the programs or inspections of the carrier relating to safety; and

      (c) Conducting inspections relating to safety at the operating terminals of the carrier.

      4.  To carry out the policies expressed in NRS 706.151, adopt regulations providing for agreements between two or more fully regulated carriers or two or more operators of tow cars relating to:

      (a) Fares [;

      (b) Rates;] of fully regulated carriers;

      (b) All rates of fully regulated carriers and rates of operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle;

      (c) Classifications;

      (d) Divisions;


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

ê1997 Statutes of Nevada, Page 2672 (Chapter 555, SB 451)ê

 

      (e) Allowances; and

      (f) [Charges,] All charges of fully regulated carriers and charges of operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle, including charges between carriers and compensation paid or received for the use of facilities and equipment.

These regulations may not provide for collective agreements which restrain any party from taking free and independent action.

      Sec. 18.  NRS 706.169 is hereby amended to read as follows:

      706.169  The department shall:

      1.  Regulate the activities of common and contract carriers of property other than fully regulated carriers [.] and operators of tow cars.

      2.  Regulate the licensing of private motor carriers of property used for private commercial enterprises on any highway in this state.

      Sec. 19.  NRS 706.285 is hereby amended to read as follows:

      706.285  All advertising by [a] :

      1.  A fully regulated carrier of intrastate commerce ; and

      2.  An operator of a tow car,

must include the number of the certificate of public convenience and necessity or contract carrier’s permit issued to him by the commission.

      Sec. 20.  NRS 706.311 is hereby amended to read as follows:

      706.311  1.  [Every] Except as otherwise provided in subsection 2, every common and contract motor carrier is required to furnish reasonably adequate service and facilities , and all transportation charges made by any such carrier [shall] must be just and reasonable.

      2.  Every operator of a tow car is required to furnish reasonably adequate service and facilities, and all charges assessed for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle must be just and reasonable.

      3.  Every unjust and unreasonable charge for service by any such carrier or operator of a tow car is prohibited and [declared] shall be deemed to be unlawful.

      Sec. 21.  NRS 706.321 is hereby amended to read as follows:

      706.321  1.  [Every] Except as otherwise provided in subsection 2, every common or contract motor carrier shall file with the commission:

      (a) Within a time to be fixed by the commission, schedules and tariffs [which must be] that must:

             (1) Be open to public inspection [, showing] ; and

             (2) Include all rates, fares and charges which the carrier has established and which are in force at the time of filing for any service performed in connection therewith by any carrier controlled and operated by it.

      (b) As a part of that schedule, all regulations of the carrier that in any manner affect the rates or fares charged or to be charged for any service [.] and all regulations of the carrier that the carrier has adopted to comply with the provisions of NRS 706.010 to 706.791, inclusive.

      2.  Every operator of a tow car shall file with the commission:


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

ê1997 Statutes of Nevada, Page 2673 (Chapter 555, SB 451)ê

 

      (a) Within a time to be fixed by the commission, schedules and tariffs that must:

             (1) Be open to public inspection; and

             (2) Include all rates and charges for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle which the operator has established and which are in force at the time of filing.

      (b) As a part of that schedule, all regulations of the operator of the tow car which in any manner affect the rates charged or to be charged for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle and all regulations of the operator of the tow car that the operator has adopted to comply with the provisions of NRS 706.010 to 706.791, inclusive.

      3.  No changes may be made in any schedule, including schedules of joint rates, or in the regulations affecting any rates or charges, except upon 30 days’ notice to the commission, and all those changes must be plainly indicated on any new schedules filed in lieu thereof 30 days before the time they are to take effect. The commission, upon application of any carrier, may prescribe a shorter time within which changes may be made. The 30 days’ notice is not applicable when the carrier gives written notice to the commission 10 days before the effective date of its participation in a tariff bureau’s rates and tariffs, provided the rates and tariffs have been previously filed with and approved by the commission.

      [3.] 4.  The commission may at any time, upon its own motion, investigate any of the rates, fares, charges, regulations, practices and services [,] filed pursuant to this section and, after hearing, by order, make such changes as may be just and reasonable.

      [4.] 5.  The commission may dispense with the hearing on any change requested in rates, fares, charges, regulations, practices or service [.

      5.] filed pursuant to this section.

      6.  All rates, fares, charges, classifications and joint rates, regulations, practices and services fixed by the commission are in force, and are prima facie lawful, from the date of the order until changed or modified by the commission, or pursuant to NRS 703.373 to 703.376, inclusive.

      [6.] 7.  All regulations, practices and service prescribed by the commission must be enforced and are prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, pursuant to the provisions of NRS 703.373 to 703.376, inclusive, or until changed or modified by the commission itself upon satisfactory showing made.

      Sec. 22.  NRS 706.323 is hereby amended to read as follows:

      706.323  1.  Except as otherwise provided in subsection 2, the commission may not investigate, suspend, revise or revoke any rate that is subject to the approval of the commission pursuant to NRS 706.321 and proposed by a common motor carrier or contract motor carrier because the rate is too high or too low and therefore unreasonable if:

      (a) The motor carrier notifies the commission that it wishes to have the rate reviewed by the commission pursuant to this subsection; and


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ê1997 Statutes of Nevada, Page 2674 (Chapter 555, SB 451)ê

 

      (b) The rate resulting from all increases or decreases within 1 year is not more than 10 percent above or 10 percent below the rate in effect 1 year before the effective date of the proposed rate.

      2.  This section does not limit the commission’s authority to investigate, suspend, revise or revoke a proposed rate if the rate would violate the provisions of NRS 706.151.

      Sec. 23.  NRS 706.326 is hereby amended to read as follows:

      706.326  1.  Whenever there is filed with the commission pursuant to NRS 706.321 any schedule or tariff stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule or tariff resulting in a discontinuance, modification or restriction of service, the commission may [enter upon] commence an investigation or, upon reasonable notice, [enter upon] hold a hearing concerning the propriety of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.

      2.  Pending the investigation or hearing and the decision thereon, the commission, upon delivering to the common or contract motor carrier affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of the schedule or tariff and defer the use of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for a longer period than 150 days beyond the time when the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.

      3.  After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.

      4.  The commission shall determine whether it is necessary to hold a hearing [shall be held] to consider the proposed change in any schedule stating a new or revised individual or joint rate, fare or charge. In making that determination , the commission shall consider all timely written protests, any presentation the staff of the commission may desire to present, the application and any other matters deemed relevant by the commission.

      Sec. 24.  NRS 706.331 is hereby amended to read as follows:

      706.331  1.  If, after due investigation and hearing, any authorized rates, tolls, fares, charges, schedules, tariffs, joint rates or any regulation, measurement, practice, act or service that is subject to the approval of the commission is complained of and is found to be unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise in violation of the provisions of this chapter, or if it is found that the service is inadequate, or that any reasonable service cannot be obtained, the commission may substitute therefor such other rates, tolls, fares, charges, tariffs, schedules or regulations, measurements, practices, service or acts and make an order relating thereto as may be just and reasonable.


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ê1997 Statutes of Nevada, Page 2675 (Chapter 555, SB 451)ê

 

      2.  When complaint is made of more than one matter, the commission may order separate hearings upon the several matters complained of at such times and places as it may prescribe.

      3.  No complaint may at any time be dismissed because of the absence of direct damage to the complainant.

      4.  The commission may at any time, upon its own motion, investigate any of the matters listed in subsection 1, and, after a full hearing , [as above provided,] by order, make such changes as may be just and reasonable, the same as if a formal complaint had been made.

      Sec. 25.  NRS 706.341 is hereby amended to read as follows:

      706.341  [No]

      1.  An operator of a tow car shall, in the manner prescribed by the commission, notify the commission if the operator discontinues providing towing services from an operating terminal or establishes a new operating terminal from which a tow car provides towing services within 30 days after the operator discontinues providing towing services from an operating terminal or commences operations at the new terminal.

      2.  A common motor carrier , other than an operator of a tow car, authorized to operate by NRS 706.011 to 706.791, inclusive, shall not discontinue any service established [under] pursuant to the provisions of NRS 706.011 to 706.791, inclusive, and all other laws relating thereto and made applicable thereto by NRS 706.011 to 706.791, inclusive, without an order of the commission granted only after public notice or hearing in the event of protest.

      Sec. 26.  NRS 706.346 is hereby amended to read as follows:

      706.346  1.  [A] Except as otherwise provided in subsection 3, a copy, or so much of the schedule or tariff as the commission determines necessary for the use of the public, [shall] must be printed in plain type and posted in every office of a common motor carrier where payments are made by customers or users, open to the public, in such form and place as to be readily accessible to the public and conveniently inspected.

      2.  [When] Except as otherwise provided in subsection 3, when a schedule or tariff of joint rates or charges is or may be in force between two or more [of such] common motor carriers or between any such carrier and a public utility, [such] the schedule or tariff [shall] must be printed and posted in [like manner.] the manner prescribed in subsection 1.

      3.  Only the rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle must be printed and posted by an operator of a tow car pursuant to subsections 1 and 2.

      Sec. 27.  NRS 706.386 is hereby amended to read as follows:

      706.386  It is unlawful, except as otherwise provided in NRS 373.117 , 706.446, 706.453 and 706.745, for any fully regulated common motor carrier to operate as a carrier of intrastate commerce and any operator of a tow car to perform towing services within this state without first obtaining a certificate of public convenience and necessity from the commission.

      Sec. 28.  NRS 706.391 is hereby amended to read as follows:

      706.391  1.  Upon the filing of an application for a certificate of public convenience and necessity to operate as a motor carrier [,] other than an operator of a tow car, the commission shall fix a time and place for hearing thereon.


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ê1997 Statutes of Nevada, Page 2676 (Chapter 555, SB 451)ê

 

operator of a tow car, the commission shall fix a time and place for hearing thereon.

      2.  The commission shall issue such a certificate if it finds that:

      (a) The applicant is fit, willing and able to perform the services of a common motor carrier;

      (b) The proposed operation will be consistent with the legislative policies set forth in NRS 706.151;

      (c) The granting of the certificate will not unreasonably and adversely affect other carriers operating in the territory for which the certificate is sought; and

      (d) The proposed service will benefit the traveling and shipping public and the motor carrier business in this state.

      3.  The commission shall not find that the potential creation of competition in a territory which may be caused by the granting of a certificate, by itself, will unreasonably and adversely affect other carriers operating in the territory for the purposes of paragraph (c) of subsection 2.

      4.  An applicant for such a certificate has the burden of proving to the commission that the proposed operation will meet the requirements of subsection 2.

      5.  The commission may issue a certificate of public convenience and necessity to operate as a common motor carrier or issue it for:

      (a) The exercise of the privilege sought.

      (b) The partial exercise of the privilege sought.

      6.  The commission may attach to the certificate such terms and conditions as, in its judgment, the public interest may require.

      7.  The commission may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no petition to intervene has been filed on behalf of any person who has filed a protest against the granting of the certificate.

      Sec. 29.  NRS 706.437 is hereby amended to read as follows:

      706.437  1.  A common carrier of property, other than a carrier of household goods [,] or an operator of a tow car, shall not operate as a carrier in intrastate commerce without first obtaining written approval from the department.

      2.  In addition to obtaining written approval pursuant to subsection 1, a carrier seeking to transport radioactive waste shall also obtain from the department the specific permits that are otherwise required to transport such waste.

      Sec. 30.  NRS 706.446 is hereby amended to read as follows:

      706.446  [1.  Any person who was engaged in the transportation of vehicles by the use of a tow car with an unladen weight of less than 9,000 pounds, on or before January 1, 1971, and who held himself out for hire for such towing, must be granted a certificate of public convenience and necessity if an application therefor:

      (a) Is made within 90 days after July 1, 1971;

      (b) Is accompanied by a filing fee of $25; and

      (c) Contains satisfactory evidence of a lawful nature and scope of the applicant’s operation existing on or before January 1, 1971.


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ê1997 Statutes of Nevada, Page 2677 (Chapter 555, SB 451)ê

 

      2.  Before issuing any certificate of public convenience and necessity for the transportation of vehicles by tow car, the commission shall set the rate levels and storage charges under which such operation may be conducted, but the commission is not precluded from establishing rate areas.

      3.  When issued, a certificate of public convenience and necessity must authorize the recipient to operate within the territory which the applicant substantiates by documentation between January 1, 1968, and January 1, 1971.

      4.  Any person who on July 1, 1971, holds a valid certificate of public convenience and necessity issued by the commission for the operation of a tow car with an unladen weight of 9,000 pounds or more must be granted the authority to operate a tow car with an unladen weight of less than 9,000 pounds within the territory substantiated pursuant to subsection 3, but in no event less than the territory set forth in such certificate of public convenience and necessity.

      5.]  The provisions of this chapter do not require an operator of a tow car who provides towing for a licensed motor club regulated pursuant to chapter 696A of NRS to obtain a certificate of public convenience and necessity or to comply with the regulations or rates adopted by the commission to provide that towing.

      Sec. 31.  NRS 706.4463 is hereby amended to read as follows:

      706.4463  1.  In addition to the other requirements of this chapter, each operator of a tow car shall, to protect the health, safety and welfare of the public:

      (a) Obtain a certificate of [operation] public convenience and necessity from the commission before he provides any services other than those services which he provides as a private motor carrier of property pursuant to the provisions of this chapter;

      (b) Use a tow car of sufficient size and weight which is appropriately equipped to transport safely the vehicle which is being towed; and

      (c) Comply with the [other requirements] provisions of NRS [706.153 and 706.4463 to 706.4479, inclusive.] 706.011 to 706.791, inclusive.

      2.  A person who wishes to obtain a certificate of public convenience and necessity to operate a tow car must file an application with the commission.

      3.  The commission shall issue a certificate of [operation] public convenience and necessity to an operator of a tow car if it determines that the applicant:

      (a) Complies with the requirements of paragraphs (b) and (c) of subsection 1;

      (b) Complies with the requirements of the regulations adopted by the commission pursuant to the provisions of this chapter; [and]

      (c) Has provided evidence that he has filed with the commission a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291 [.] ; and

      (d) Has provided evidence that he has filed with the commission schedules and tariffs pursuant to subsection 2 of NRS 706.321.


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ê1997 Statutes of Nevada, Page 2678 (Chapter 555, SB 451)ê

 

      4.  An applicant for a certificate has the burden of proving to the commission that the proposed operation will meet the requirements of subsection 3.

      5.  The commission may hold a hearing to determine whether an applicant is entitled to a certificate only if:

      (a) Upon the expiration of the time fixed in the notice that an application for a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the commission; or

      (b) The commission finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 3.

      Sec. 32.  NRS 706.4483 is hereby amended to read as follows:

      706.4483  1.  The commission shall act upon complaints regarding the failure of an operator of a tow car to comply with the provisions of NRS [706.153 and 706.4463 to 706.4485,] 706.011 to 706.791, inclusive.

      2.  In addition to any other remedies that may be available to the commission to act upon complaints, the commission may order the release of towed motor vehicles, cargo or personal property upon such terms and conditions as the commission determines to be appropriate.

      Sec. 33.  NRS 706.4485 is hereby amended to read as follows:

      706.4485  A law enforcement agency that maintains and [utilizes] uses a list of operators of tow cars which are called by that agency to provide towing shall not include an operator of a tow car on the list unless he:

      1.  Holds a certificate [to provide towing] of public convenience and necessity issued by the commission.

      2.  [Agrees to comply] Complies with all applicable provisions of chapters 482, 484 and 706 of NRS.

      3.  Agrees to respond in a timely manner to requests for towing made by the agency.

      4.  Maintains adequate, accessible and secure storage within the State of Nevada for any vehicle that is towed.

      5.  [Meets such other standards as] Complies with all standards the law enforcement agency may adopt to protect the health, safety and welfare of the public.

      6.  Assesses only rates and charges that have been approved by the commission for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle.

      7.  The commission shall not require that an operator of a tow car charge the same rate to law enforcement agencies for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle that the operator charges to other persons for such services.

      Sec. 34.  NRS 706.453 is hereby amended to read as follows:

      706.453  The provisions of NRS [706.153, 706.4463 to 706.4485, inclusive, 706.449 and] 706.446 to 706.451 , inclusive, and sections 10, 11 and 11.5 of this act do not apply to automobile wreckers who are licensed pursuant to chapter 487 of NRS.


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ê1997 Statutes of Nevada, Page 2679 (Chapter 555, SB 451)ê

 

      Sec. 35.  NRS 706.461 is hereby amended to read as follows:

      706.461  When:

      1.  A complaint has been filed with the commission alleging that any vehicle is being operated without a certificate of public convenience and necessity or contract carrier’s permit as required by NRS 706.011 to 706.791, inclusive; or

      2.  The commission has reason to believe that any:

      (a) Person is advertising to provide [the] :

             (1) The services of a fully regulated carrier in intrastate commerce ; or

             (2) Towing services,

without including the number of his certificate of public convenience and necessity or permit in each advertisement; or

      (b) Provision of NRS 706.011 to 706.791, inclusive, is being violated,

the commission shall investigate the operations or advertising and may, after a hearing, order the owner or operator of the vehicle or the person advertising to cease and desist from any operation or advertising in violation of NRS 706.011 to 706.791, inclusive. The commission shall enforce compliance with the order [under] pursuant to the powers vested in the commission by NRS 706.011 to 706.791, inclusive, or by other law.

      Sec. 36.  NRS 706.6411 is hereby amended to read as follows:

      706.6411  1.  All motor carriers [coming within the terms of] , other than operators of tow cars, regulated pursuant to NRS 706.011 to 706.791, inclusive, to whom the certificates, permits and licenses provided by NRS 706.011 to 706.791, inclusive, have been issued may transfer them to another carrier , other than an operator of a tow car, qualified [under] pursuant to NRS 706.011 to 706.791, inclusive, but no such transfer is valid for any purpose until a joint application to make the transfer has been made to the commission by the transferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor. No transfer of stock of a corporate motor carrier [under] subject to the jurisdiction of the commission is valid without the commission’s prior approval if the effect of the transfer would be to change the corporate control of the carrier or if a transfer of 15 percent or more of the common stock of the carrier is proposed.

      2.  Except as otherwise provided in subsection 3, the commission shall fix a time and place for a hearing to be held unless the application is made to transfer the certificate from a natural person or partners to a corporation whose controlling stockholders will be substantially the same person or partners, and may hold a hearing to consider such an application.

      3.  The commission may also dispense with the hearing on the joint application to transfer if, upon the expiration of the time fixed in the notice thereof, no protest against the transfer of the certificate or permit has been filed by or in behalf of any interested person.

      4.  In determining whether or not the transfer of a certificate of public convenience and necessity or a permit to act as a contract motor carrier should be authorized, the commission shall consider:

      (a) The service which has been performed by the transferor and that which may be performed by the transferee.


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ê1997 Statutes of Nevada, Page 2680 (Chapter 555, SB 451)ê

 

      (b) Other authorized facilities for transportation in the territory for which the transfer is sought.

      (c) Whether or not the transferee is fit, willing and able to perform the services of a common or contract motor carrier by vehicle and whether or not the proposed operation would be consistent with the legislative policy set forth in NRS 706.151.

      5.  Upon [such] a transfer [,] made pursuant to this section, the commission may make such amendments, restrictions or modifications in a certificate or permit as the public interest may require.

      6.  No transfer is valid beyond the life of the certificate, permit or license transferred.

      Sec. 37.  NRS 706.736 is hereby amended to read as follows:

      706.736  1.  Except as otherwise provided in subsection 2, [none of] the provisions of NRS 703.191, 703.310, 703.374, 703.375 and 706.011 to 706.791, inclusive, do not apply to:

      (a) The transportation by a contractor licensed by the state contractors’ board of his own equipment in his own vehicles from job to job.

      (b) Any person engaged in transporting his own personal effects in his own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise other than as provided in paragraph (d), or to the carriage of any property for compensation.

      (c) Special mobile equipment.

      (d) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.

      (e) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.

      (f) A private motor carrier of property which is used to attend livestock shows and sales.

      2.  Unless exempted by a specific state statute or a specific federal statute, regulation or rule, any person referred to in subsection 1 is subject to:

      (a) The provisions of paragraph (d) of subsection [4] 1 of NRS 706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457 and 706.458.

      (b) All rules and regulations adopted by reference pursuant to paragraph (b) of subsection [2] 1 of NRS 706.171 concerning the safety of drivers and vehicles.

      (c) All standards adopted by regulation pursuant to NRS 706.173.

      3.  The provisions of NRS 706.311 to 706.453, inclusive, 706.471, 706.473, 706.475 and 706.6411 and sections 10, 11 and 11.5 of this act which authorize the commission to issue :

      (a) Except as otherwise provided in paragraph (b), certificates of public convenience and necessity and contract carriers’ permits and to regulate rates, routes and services apply only to fully regulated carriers.


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ê1997 Statutes of Nevada, Page 2681 (Chapter 555, SB 451)ê

 

      (b) Certificates of public convenience and necessity to operators of tow cars and to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle apply to operators of tow cars.

      4.  Any person who operates [under] pursuant to a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to his actual operation as prescribed in this chapter, computed from the date when that operation began.

      Sec. 38.  NRS 706.756 is hereby amended to read as follows:

      706.756  1.  Except as otherwise provided in subsection 2, any person who:

      (a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

      (b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, or by the commission or the department pursuant to the provisions of NRS 706.011 to 706.861, inclusive;

      (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive;

      (d) Fails to obey any order, decision or regulation of the commission or the department;

      (e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation [;] of the commission or the department;

      (f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive;

      (g) Advertises as providing [the] :

             (1) The services of a fully regulated carrier ; or

             (2) Towing services,

without including the number of his certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

      (h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

      (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

      (j) Operates or causes to be operated a vehicle which does not have the proper identifying device;

      (k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been canceled, revoked, suspended or altered;

      (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or

      (m) Refuses or fails to surrender to the commission or department any certificate, permit, license or identifying device which has been suspended, canceled or revoked pursuant to the provisions of this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.


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ê1997 Statutes of Nevada, Page 2682 (Chapter 555, SB 451)ê

 

is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

      2.  A person convicted of a misdemeanor for a violation of the provisions of NRS 706.386 or 706.421 shall be punished:

      (a) For the first offense by a fine of not less than $500 nor more than $1,000;

      (b) For a second offense within 12 consecutive months and each subsequent offense by a fine of $1,000; or

      (c) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.

      3.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

      4.  Any bail allowed must not be less than the appropriate fine provided for by this section.

      Sec. 39.  NRS 706.761 is hereby amended to read as follows:

      706.761  1.  Any agent or person in charge of the books, accounts, records, minutes or papers of any private, common or contract motor carrier [of passengers or household goods] or broker of any of these services who refuses or fails for a period of 30 days to furnish the commission or department with any report required by either or who fails or refuses to permit any person authorized by the commission or department to inspect such books, accounts, records, minutes or papers on behalf of the commission or department is liable to a penalty in a sum of not less than $300 nor more than $500. The penalty may be recovered in a civil action upon the complaint of the commission or department in any court of competent jurisdiction.

      2.  Each day’s refusal or failure is a separate offense, and is subject to the penalty prescribed in this section.

      Sec. 40.  NRS 706.766 is hereby amended to read as follows:

      706.766  1.  It is unlawful for any fully regulated carrier or operator of a tow car to charge, demand, collect or receive a greater or less compensation for any service performed by it within [the] this state or for any service in connection therewith than is specified in its fare, rates, joint rates, charges or rules and regulations on file with the commission, or to demand, collect or receive any fare, rate or charge not specified. The rates, tolls and charges named therein are the lawful rates, tolls and charges until they are changed as provided in this chapter.

      2.  It is unlawful for any fully regulated carrier or operator of a tow car to grant any rebate, concession or special privilege to any person which, directly or indirectly, has or may have the effect of changing the rates, tolls, charges or payments.

      3.  Any violation of the provisions of this section subjects the violator to the penalty prescribed in NRS 706.761.

      Sec. 41.  NRS 706.771 is hereby amended to read as follows:

      706.771  1.  Any [fully] :

      (a) Fully regulated carrier [, broker] ;

      (b) Broker of regulated services ;


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ê1997 Statutes of Nevada, Page 2683 (Chapter 555, SB 451)ê

 

      (c) Operator of a tow car; or [other person who transports or stores household goods,]

      (d)Other person,

or any agent or employee thereof, who violates any provision of this chapter, any lawful regulation of the commission or any lawful tariff on file with the commission or who fails, neglects or refuses to obey any lawful order of the commission or any court order for whose violation a civil penalty is not otherwise prescribed is liable to a penalty of not more than $10,000 for any violation. The penalty may be recovered in a civil action upon the complaint of the commission in any court of competent jurisdiction.

      2.  If the commission does not bring an action to recover the penalty prescribed by subsection 1, the commission may impose an administrative fine of not more than $10,000 for any violation of a provision of this chapter or any rule, regulation or order adopted or issued by the commission or department pursuant to the provisions of this chapter. A fine imposed by the commission may be recovered by the commission only after notice is given and a hearing is held pursuant to the provisions of chapter 233B of NRS.

      3.  All administrative fines imposed and collected by the commission pursuant to subsection 2 are payable to the state treasurer and must be credited to a separate account to be used by the commission to enforce the provisions of this chapter.

      4.  A penalty or fine recovered pursuant to this section is not a cost of service for purposes of rate making.

      Sec. 42.  Section 16 of chapter 472, Statutes of Nevada 1995, at page 1513, is hereby amended to read as follows:

       Sec. 16.  [1.  NRS 706.446 is hereby repealed.

       2.]  NRS 706.447 and 706.448 are hereby repealed.

      Sec. 43.  1.  NRS 706.153 is hereby repealed.

      2.  Section 17 of chapter 472, Statutes of Nevada 1995, at page 1513, is hereby repealed.

      Sec. 44.  1.  The public service commission of Nevada shall, on or before October 1, 1997, issue a certificate of public convenience and necessity to any operator of a tow car:

      (a) To whom a certificate of:

             (1) Public convenience and necessity was issued before July 1, 1995; or

             (2) Operation was issued before July 1, 1997; and

      (b) Who, according to the records of the commission, is in compliance with the provisions of NRS 706.011 to 706.791, inclusive.

      2.  The certificates issued by the commission pursuant to subsection 1 must indicate the same number as the number of the certificate of public convenience and necessity or certificate of operation that was previously issued to the applicant, unless the commission has issued that number to another person.

      Sec. 45.  1.  An operator of a tow car who is entitled to the issuance of a certificate of public convenience and necessity pursuant to section 44 of this act shall not assess rates or charges for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle that are more than:

 


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ê1997 Statutes of Nevada, Page 2684 (Chapter 555, SB 451)ê

 

without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle that are more than:

      (a) The rates and charges that the operator of the tow car assessed for the same services on May 31, 1997; or

      (b) The average of the rates and charges that were assessed on May 31, 1997, by operators of tow cars in the geographical area served by the operator, as determined by the commission,

whichever is greater, unless the operator files with the public service commission of Nevada the rates and charges assessed by him and the commission determines that the rates and charges are appropriate pursuant to subsection 4.

      2.  On or before October 1, 1997, an operator of a tow car who is entitled to the issuance of a certificate of public convenience and necessity pursuant to section 44 of this act shall file with the commission schedules and tariffs, showing:

      (a) The rates and charges and the terms and conditions that the operator requires to perform towing services without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle.

      (b) The address of the facilities used by the operator to operate his business.

      (c) A description of the geographic area served by the operator.

      (d) The policies and procedures adopted by the operator to ensure that his operations are in compliance with NRS 706.011 to 706.791, inclusive.

      3.  The commission shall, subject to the provisions of subsection 6, approve the rates and charges filed pursuant to subsection 2 if the rates and charges are less than or equal to:

      (a) The rates and charges that the operator assessed for the same services on May 31, 1997; or

      (b) The average of the rates and charges that were assessed on May 31, 1997, by operators of tow cars in the geographical area served by the operator, as determined by the commission.

      4.  If the rates and charges filed pursuant to subsection 2 are more than:

      (a) The rates and charges that the operator assessed for the same services on May 31, 1997; or

      (b) The average of the rates and charges that were assessed on May 31, 1997, by operators of tow cars in the geographical area served by the operator, as determined by the commission,

whichever is greater, the commission shall determine whether the rates and charges are appropriate and may suspend the rates and charges pursuant to the provisions of NRS 706.321 to 706.331, inclusive.

      5.  If the commission suspends the rates or charges assessed by an operator for his services, the operator may, during the suspension, charge rates or charges that are less than or equal to:

      (a) The rates or charges that the operator assessed for those services on May 31, 1997; or


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ê1997 Statutes of Nevada, Page 2685 (Chapter 555, SB 451)ê

 

      (b) The average of the rates and charges that were assessed on May 31, 1997, by operators of tow cars in the geographical area served by the operator, as determined by the commission.

      6.  Except as otherwise provided in this subsection, the commission may investigate or order changes to a rate or charge filed by the operator pursuant to subsection 2 if the commission reasonably believes that the assessment of the rate or charge would violate the provisions of NRS 706.151. The commission shall not investigate or change a rate or charge for:

      (a) A service other than storage, unless the rate or charge assessed by the operator for a service other than storage on May 31, 1997, exceeds by more than 15 percent the average rate or charges being assessed for such services by operators of tow cars in the geographical area served by the operator, as determined by the commission; or

      (b) Storage, unless the rate or charge assessed by the operator for storage on May 31, 1997, exceeds by more than 20 percent the average rate or charges being assessed for such services by operators of tow cars in the geographical area served by the operator, as determined by the commission.

      7.  An operator who is required to file rates and charges pursuant to subsection 2 may not request the commission to review a rate or charge pursuant to NRS 706.323 that would become effective before June 1, 1998.

      Sec. 46.  The amendatory provisions of this act do not apply to offenses that are committed before July 1, 1997.

      Sec. 47.  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. 48.  1.  This section, sections 1 to 29, inclusive, and 31 to 47, inclusive, of this act become effective on July 1, 1997.

      2.  Section 30 of this act becomes effective at 12:01 a.m. on July 1, 1997.

________

 


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ê1997 Statutes of Nevada, Page 2686ê

 

CHAPTER 556, SB 458

Senate Bill No. 458–Senator Porter

CHAPTER 556

AN ACT relating to construction; requiring contractors to provide certain notices; providing a penalty for making a false statement in recording a lien under certain circumstances; increasing the amount of certain bonds; limiting persons who may file certain liens on residential property; shortening the period for filing certain liens; making various other changes concerning contractors and liens; authorizing the creation of an advisory committee to study fraud among 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 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  A general building contractor shall provide in writing to the owner of a single-family residence with whom he has contracted:

      1.  The name, license number, business address and telephone number of:

      (a) All subcontractors with whom he has contracted on the project; and

      (b) All persons who furnish material of the value of $500 or more to be used in the project.

      2.  A notice that a person described in subsection 1 may record a notice of lien upon the residence of the owner and any building, structure and improvement thereon pursuant to the provisions of NRS 108.226.

      3.  An informational form, whose contents must be prescribed by the board, regarding:

      (a) Contractors pursuant to chapter 624 of NRS; and

      (b) Mechanics’ and materialmen’s liens pursuant to chapter 108 of NRS.

      Sec. 3.  1.  The board may:

      (a) Designate one or more of its employees for the investigation of constructional fraud;

      (b) Cooperate with other local, state or federal investigative and law enforcement agencies, and the attorney general;

      (c) Assist the attorney general or any official of an investigative or a law enforcement agency of this state, any other state or the Federal Government who requests assistance in investigating any act of constructional fraud; and

      (d) Furnish to those officials any information, not otherwise confidential, concerning its investigation or report on any act of constructional fraud.

      2.  For the purposes of this section, constructional fraud occurs if a person engaged in construction knowingly:

      (a) Misapplies money under the circumstances described in NRS 205.310;

      (b) Obtains money, property or labor by false pretense as described in NRS 205.380;


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ê1997 Statutes of Nevada, Page 2687 (Chapter 556, SB 458)ê

 

      (c) Receives payments and fails to state his own true name, or states a false name, address or telephone number of the person offering a service; or

      (d) Otherwise fails to disclose a material fact.

      Sec. 4.  NRS 624.100 is hereby amended to read as follows:

      624.100  1.  The board may appoint such committees and make such reasonable bylaws , [and] rules of procedure and regulations as are necessary to carry out the provisions of this chapter.

      2.  The board may establish advisory committees composed of its members or employees, homeowners, contractors or other qualified persons to provide assistance with respect to fraud in construction, or in any other area that the board considers necessary.

      3.  If the board establishes an advisory committee, the board shall:

      (a) Select five members for the committee from a list of volunteers approved by the board; and

      (b) Adopt rules of procedure for informal conferences of the committee.

      4.  If the board establishes an advisory committee, the members:

      (a) Serve at the pleasure of the board.

      (b) Serve without compensation, but must be reimbursed for travel expenses necessarily incurred in the performance of their duties. The rate must not exceed the rate provided for state officers and employees generally.

      (c) Shall provide a written summary report to the board, within 15 days after the final informal conference of the committee, that includes recommendations with respect to actions that are necessary to reduce and prevent the occurrence of fraud in construction, or on such other issues as requested by the board.

      5.  The board is not bound by any recommendation made by an advisory committee.

      Sec. 5.  NRS 624.160 is hereby amended to read as follows:

      624.160  1.  The board is vested with all of the functions and duties relating to the administration of this chapter.

      2.  The board shall:

      (a) Carry out a program of education for customers of contractors.

      (b) Maintain and make known a telephone number for the public to obtain information about self-protection from fraud in construction and other information concerning contractors and contracting.

      3.  The board may provide advisory opinions and take other actions that are necessary for the effective administration of this chapter and the regulations of the board.

      Sec. 6.  NRS 624.215 is hereby amended to read as follows:

      624.215  1.  For the purpose of classification, the contracting business includes the following branches:

      (a) General engineering contracting.

      (b) General building contracting.

      (c) Specialty contracting.

General engineering contracting and general building contracting are mutually exclusive branches.


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ê1997 Statutes of Nevada, Page 2688 (Chapter 556, SB 458)ê

 

      2.  A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works, including irrigation, drainage, water supply, water power, flood control, harbors, railroads, highways, tunnels, airports and airways, sewers and sewage disposal systems, bridges, inland waterways, pipelines for transmission of petroleum and other liquid or gaseous substances, refineries, chemical plants and industrial plants requiring a specialized engineering knowledge and skill, power plants, piers and foundations and structures or work incidental thereto.

      3.  A general building contractor is a contractor whose principal contracting business is in connection with [any structures built, being built, or to be built,] the construction or remodeling of buildings or structures for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in [its] their construction the use of more than two unrelated building trades or crafts, [or to do or superintend the whole or any part thereof.] upon which he is a prime contractor and where the construction or remodeling of a building is the primary purpose. Unless he holds the appropriate specialty license, a general building contractor may only contract to perform specialty contracting if he is a prime contractor on a project. A general building contractor shall not perform specialty contracting in plumbing, electrical, refrigeration and air conditioning or fire protection without a license for the specialty. A person who exclusively constructs or repairs mobile homes, manufactured homes or commercial coaches is not a general building contractor.

      4.  A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.

      5.  [Nothing in this section prevents] This section does not prevent the board from establishing, broadening, limiting or otherwise effectuating classifications in a manner consistent with established custom , usage and procedure found in the [construction business.] building trades. The board is specifically prohibited from establishing classifications in such a manner as to determine or limit craft jurisdictions.

      Sec. 7.  NRS 624.270 is hereby amended to read as follows:

      624.270  1.  Before issuing a contractor’s license to any applicant, the board shall require that the applicant:

      (a) File with the board a surety bond in a form acceptable to the board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or

      (b) In lieu of such a bond, establish with the board a cash deposit as provided in this section.

      2.  Before granting renewal of a contractor’s license to any applicant, the board shall require that the applicant file with the board satisfactory evidence that his surety bond or cash deposit is in full force, unless the applicant has been relieved of the requirement as provided in this section.

      3.  Failure of an applicant or licensee to file or maintain in full force the required bond or to establish the required cash deposit constitutes cause for the board to deny, revoke, suspend or refuse to renew a license.


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ê1997 Statutes of Nevada, Page 2689 (Chapter 556, SB 458)ê

 

      4.  The amount of each bond or cash deposit required by this section must be fixed by the board with reference to the contractor’s financial and professional responsibility and the magnitude of his operations, but must be not less than $1,000 or more than [$50,000.] $100,000. The bond must be continuous in form and must be conditioned that the total aggregate liability of the surety for all claims is limited to the face amount of the bond irrespective of the number of years the bond is in force. The board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.310. Unless released earlier pursuant to subsection 5, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the board after termination of the license, whichever occurs later, if there is no outstanding claim against it.

      5.  After a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than 5 consecutive years, the board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the board, but the board may at any time thereafter require the licensee to file a new bond or establish a new cash deposit as provided in subsection 4 if evidence is presented to the board supporting this requirement. If a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.

      Sec. 8.  NRS 624.283 is hereby amended to read as follows:

      624.283  1.  Each license issued under the provisions of this chapter expires 1 year after the date on which it is issued, except that the board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.

      2.  A license may be renewed by filing with the board an application for renewal and payment of the fee for renewal fixed by the board.

      3.  The board may require the licensee to submit at any time a financial statement that is prepared by a certified public accountant, if the board believes that:

      (a) The licensee did not pay an undisputed debt;

      (b) The licensee has violated or may be violating a provision of chapter 624 of NRS or a regulation adopted pursuant thereto; or

      (c) The licensee’s financial responsibility may be impaired.

      4.  If a license is automatically suspended pursuant to subsection 1, the licensee may have his license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the board [.] , if he is otherwise in good standing and there are no complaints pending against him. If he is otherwise not in good standing or there is a complaint pending, the board shall require him to provide a current financial statement prepared by a certified public accountant or establish other conditions for reinstatement. A license which is not reinstated within 6 months after it is automatically suspended may be canceled by the board , and a new license may be issued only upon application for an original contractor’s license.


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ê1997 Statutes of Nevada, Page 2690 (Chapter 556, SB 458)ê

 

automatically suspended may be canceled by the board , and a new license may be issued only upon application for an original contractor’s license.

      Sec. 9.  NRS 624.300 is hereby amended to read as follows:

      624.300  1.  Except as otherwise provided in subsection 3, the board may:

      (a) Suspend or revoke licenses already issued;

      (b) Refuse renewals of licenses;

      (c) Impose limits on the field, scope and monetary limit of the license;

      (d) Impose an administrative fine of not more than [$5,000;] $10,000;

      (e) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensee’s cost; or

      (f) Reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,

if the licensee commits any act which constitutes a cause for disciplinary action.

      2.  If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, the board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.

      3.  If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the board from taking disciplinary action.

      4.  If the board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the board from taking disciplinary action pursuant to this section.

      5.  The expiration of a license by operation of law or by order or decision of the board or a court, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

      6.  The board shall not take any disciplinary action pursuant to this section regarding a constructional defect, as that term is defined in NRS 40.615, during the period in which any claim arising out of that defect is being settled, mediated or otherwise resolved pursuant to NRS 40.600 to 40.695, inclusive, unless the disciplinary action is necessary to protect the public health or safety.

      [4.] 7.  If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.

      Sec. 10.  NRS 624.3016 is hereby amended to read as follows:

      624.3016  The following acts [,] or omissions, among others, constitute cause for disciplinary action under NRS 624.300:


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ê1997 Statutes of Nevada, Page 2691 (Chapter 556, SB 458)ê

 

      1.  Any [willful,] fraudulent or deceitful act of a contractor whereby substantial injury is sustained by another.

      2.  A conviction of a felony or a crime involving moral turpitude.

      3.  Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.

      4.  Failure to give a notice required by NRS 108.245 or 108.246.

      5.  Failure to comply with sections 21, 22 or 23 of this act.

      Sec. 11.  NRS 624.3017 is hereby amended to read as follows:

      624.3017  The following acts, among others, constitute cause for disciplinary action under NRS 624.300:

      1.  Workmanship which is not commensurate with standards of the trade in general or which is below the standards in the building or construction codes adopted by the city or county in which the work is performed. If no applicable building or construction code has been adopted locally, then workmanship must meet the standards prescribed in the Uniform Building Code, Uniform Plumbing Code or National Electrical Code in the form of the code most recently [published before January 1, 1987.] approved by the board. The board shall review each edition of the Uniform Building Code, Uniform Plumbing Code or National Electrical Code that is published after the 1996 edition to ensure its suitability. Each new edition of the code shall be deemed approved by the board unless the edition is disapproved by the board within 60 days of the publication of the code.

      2.  Advertising projects of construction without including in the advertisements the name and license number of the licensed contractor who is responsible for the construction.

      Sec. 11.5.  NRS 624.310 is hereby amended to read as follows:

      624.310  1.  [In any case when] Except as otherwise provided in subsection 4, if the board refuses to issue or renew a license, suspends or revokes a license or imposes an administrative fine pursuant to NRS 624.235, the [applicant or accused is entitled to a hearing before the board.] board shall hold a hearing. The time and place for the hearing must be fixed by the board, and notice of the time and place of the hearing must be personally served on the applicant or accused or mailed to the last known address of the applicant or accused at least 30 days before the date fixed for the hearing.

      2.  The testimony taken pursuant to NRS 624.170 to 624.210, inclusive, must be considered a part of the record of the hearing before the board.

      3.  The hearing must be public if a request is made therefor.

      4.  The board may suspend the license of a contractor without a hearing if the board finds, based upon evidence in its possession, that the public health, safety or welfare imperatively requires summary suspension of the license of the contractor and incorporates that finding in its order. If the board summarily suspends the license of the contractor, a hearing must be held within 30 days after the suspension.

      Sec. 12.  NRS 108.222 is hereby amended to read as follows:

      108.222  1.  [Every] Except as otherwise provided in subsection 2, a person who performs labor upon or furnishes material of the value of [$50] $500 or more, to be used in the construction, alteration or repair of any building, or other superstructure, railway, tramway, toll road, canal, water ditch, flume, aqueduct or reservoir, bridge, fence or any other structure , has a lien upon the premises and any building, structure and improvement thereon for:

 


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ê1997 Statutes of Nevada, Page 2692 (Chapter 556, SB 458)ê

 

ditch, flume, aqueduct or reservoir, bridge, fence or any other structure , has a lien upon the premises and any building, structure and improvement thereon for:

      (a) If the parties entered into a contract, the unpaid balance of the price agreed upon for; or

      (b) In absence of a contract, an amount equal to the fair market value of,

the labor performed or material furnished or rented, as the case may be, by each respectively, including a reasonable allowance for overhead and a profit, whether performed or furnished at the instance of the owner of the building or other improvement, or at the instance of his agent.

      2.  If a license is required for the work, only a contractor licensed pursuant to chapter 624 of NRS, an employee of such a contractor or a person who furnishes material to be used in the project may have a lien as described in subsection 1.

      3.  All miners, laborers and others who perform labor to the amount of [$50] $500 or more in or upon any mine, or upon any shaft, tunnel, adit or other excavation, designed or used to prospect, drain or work the mine, and all persons who furnish any timber or other material, of the value of [$50] $500 or more, to be used in or about a mine, whether performed or furnished at the instance of the owner of the mine or his agent, have, and may each respectively claim and hold, a lien upon that mine for:

      (a) If the parties entered into a contract, the unpaid balance of the price agreed upon for; or

      (b) In absence of a contract, an amount equal to the fair market value of,

the labor so performed or material furnished, including a reasonable allowance for overhead and a profit.

      [3.] 4.  Every contractor, subcontractor, engineer, land surveyor, geologist, architect, builder or other person having charge or control of any mining claim, or any part thereof, or of the construction, alteration or repair, either in whole or in part, of any building or other improvement, as these terms are used in subsection 1, shall be held to be the agent of the owner, for the purposes of NRS 108.221 to 108.246, inclusive.

      Sec. 13.  NRS 108.226 is hereby amended to read as follows:

      108.226  1.  Every person claiming the benefit of NRS 108.221 to 108.246, inclusive, must record his notice of lien in the form provided in subsection 5:

      (a) Within 90 days after the completion of the work of improvement;

      (b) Within 90 days after the last delivery of material by the lien claimant; or

      (c) Within 90 days after the last performance of labor by the lien claimant,

whichever is later.

      2.  The time within which to perfect the lien by recording the notice of lien is shortened if a notice of completion is recorded in a timely manner pursuant to NRS 108.228, in which event the notice of lien must be recorded within 40 days after the recording of the notice of completion.


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ê1997 Statutes of Nevada, Page 2693 (Chapter 556, SB 458)ê

 

      3.  Any one of the following acts or events is equivalent to “completion of the work of improvement” for all purposes of NRS 108.221 to 108.246, inclusive:

      (a) The occupation or use of a building, improvement or structure by the owner, his agent or his representative and accompanied by cessation of labor thereon.

      (b) The acceptance by the owner, his agent or his representative of the building, improvement or structure.

      (c) The cessation from labor for 30 days upon any building, improvement or structure, or the alteration, addition to or repair thereof.

      (d) The recording of the notice of completion provided in NRS 108.228.

      4.  For the purposes of this section, if a work of improvement consists of the construction of more than one separate building and each building is constructed pursuant to:

      (a) A separate contract, each building shall be deemed a separate work of improvement. The time within which to perfect the lien by recording the notice of lien pursuant to subsection 1 commences to run upon the completion of each separate building; or

      (b) A single contract, the time within which to perfect the lien by recording the notice of lien pursuant to subsection 1 commences to run upon the completion of all the buildings constructed pursuant to that contract.

As used in this subsection, “separate building” means one structure of a work of improvement and any garages or other outbuildings appurtenant thereto.

      5.  The notice of mechanic’s lien must be recorded in the office of the county recorder of the county where the property or some part thereof is situated and must contain:

      (a) A statement of his demand after deducting all just credits and offsets.

      (b) The name of the owner or reputed owner if known.

      (c) The name of the person by whom he was employed or to whom he furnished the material.

      (d) A statement of the terms, time given and conditions of his contract.

      (e) A description of the property to be charged with the lien sufficient for identification.

      6.  The claim must be verified by the oath of the claimant or some other person. The claim need not be acknowledged to be recorded.

      7.  It is unlawful for a person knowingly to make a false statement in or relating to the recording of a notice of lien pursuant to the provisions of this section. A person who violates this subsection is guilty of a gross misdemeanor and shall be punished by a fine of not less than $5,000 nor more than $10,000.

      Sec. 14.  NRS 108.2275 is hereby amended to read as follows:

      108.2275  1.  The debtor of the lien claimant or a party in interest in the premises subject to the lien who believes the notice of lien is frivolous and was made without reasonable cause, or that the amount of the lien is excessive, may apply by motion to the district court for the county where the property or some part thereof is situated for an order directing the lien claimant to appear before the court to show cause why the relief requested should not be granted. The motion must set forth the grounds upon which relief is requested and must be supported by the affidavit of the applicant or his attorney setting forth a concise statement of the facts upon which the motion is based.


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ê1997 Statutes of Nevada, Page 2694 (Chapter 556, SB 458)ê

 

relief is requested and must be supported by the affidavit of the applicant or his attorney setting forth a concise statement of the facts upon which the motion is based. If the court issues an order for a hearing, the applicant shall serve notice of the application and order of the court on the lien claimant within 3 days after the court issues the order. The court shall conduct the hearing within not less than 10 days or more than 20 days after the court issues the order.

      2.  The order for a hearing must include a statement that if the lien claimant fails to appear at the time and place noted, the lien will be released with prejudice and the lien claimant will be ordered to pay the costs requested by the applicant, including reasonable attorney’s fees.

      3.  If, at the time the application is filed, an action to foreclose the lien has not been filed, the clerk of the court shall assign a number to the application and obtain from the applicant a filing fee of $85. If an action has been filed to foreclose the lien before the application was filed pursuant to this section, the application must be made a part of the action to foreclose the lien.

      4.  If, after a hearing on the matter, the court determines that:

      (a) The lien is frivolous and was made without reasonable cause, the court may [issue] make an order releasing the lien and awarding costs and reasonable attorney’s fees to the applicant.

      (b) The amount of the lien is excessive, the court may [issue] make an order reducing the lien to an amount deemed appropriate by the court and awarding costs and reasonable attorney’s fees to the applicant.

      (c) The lien is not frivolous and was made with reasonable cause and that the amount of the lien is not excessive, the court may [issue] make an order awarding costs and reasonable attorney’s fees to the lien claimant.

      5.  Proceedings conducted pursuant to this section do not affect any other rights and remedies otherwise available to the parties.

      6.  An appeal may be taken by either party from an order made pursuant to subsection 4.

      7.  If an order releasing or reducing a lien is entered by the court, and the order is not stayed, the lien claimant shall, within 2 days after the order is entered, record a certified copy of the order in the office of the county recorder of the county where the property or some part thereof is situated. The recording of a certified copy of the order releasing or reducing a lien is notice to any interested party that the lien has been released or reduced.

      Sec. 15.  NRS 108.239 is hereby amended to read as follows:

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

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

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

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


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ê1997 Statutes of Nevada, Page 2695 (Chapter 556, SB 458)ê

 

provisions of NRS 108.221 to 108.246, inclusive, on the premises to file with the clerk and serve on the plaintiff and also on the defendant, if the defendant is within the state or is represented by counsel, written statements of the facts constituting their liens, together with the dates and amounts thereof. The statements must be filed within 10 days after the last publication of the notice. The plaintiff and other parties adversely interested must be allowed 5 days to answer the statements.

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

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

      5.  The court shall enter judgment according to the right of the parties, and shall, by decree, proceed to hear and determine the claims in a summary way, or may, if it be the district court, refer the claims to a master to ascertain and report upon the liens and the amount justly due thereon. No consequential damages may be recovered in an action pursuant to this section. All liens not so exhibited shall be deemed to be waived in favor of those which are so exhibited.

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

      7.  If the proceeds of sale, after the payment of costs, are not sufficient to satisfy the whole amount of the liens included in the decree of sale, the proceeds must be apportioned according to the right of the several parties. If the proceeds of the sale amount to more than the sum of the liens and the cost of sale, the remainder must be paid over to the owner of the property.

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

      Sec. 16.  NRS 108.245 is hereby amended to read as follows:

      108.245  1.  Except as otherwise provided in subsection 5, every person, firm, partnership, corporation or other legal entity, other than one who performs only labor, who claims the benefit of NRS 108.221 to 108.246, inclusive, shall, within 31 days after the first delivery of material or performance of work or services under his contract, deliver in person or by certified mail to the owner or reputed owner of the property or to the person whose name appears as owner on the building permit, if any, for the improvement a notice in substantially the following form:

 


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ê1997 Statutes of Nevada, Page 2696 (Chapter 556, SB 458)ê

 

Notice to Owner of Materials Supplied

or Work or Services Performed

To: ........................................................

           (Owner’s name and address)

      The undersigned notifies you that he has supplied materials or performed work or services as follows:

                .......................................................................................................................................

                                    (General description of materials, work or services and

                                                                anticipated total value)

for improvement of real property identified as (property description or street address) under contract with (general contractor or subcontractor). This is not a notice that the undersigned has not been or does not expect to be paid, but a notice required by law that the undersigned may, at a future date, claim a lien as provided by law against the property if the undersigned is not paid.

                                                                                                .......................................................

                                                                                                                   (Claimant)

 

A subcontractor or materialman under a subcontract who gives such a notice must also deliver in person or send by certified mail a copy of the notice to the general contractor for information only. [Persistent] The failure by a subcontractor to deliver such notices to the general contractor is a ground for disciplinary proceedings against the subcontractor under chapter 624 of NRS.

      2.  Such a notice does not constitute a lien or give actual or constructive notice of a lien for any purpose.

      3.  No lien for materials furnished or for work or services performed, except labor, may be perfected or enforced pursuant to NRS 108.221 to 108.246, inclusive, unless the notice has been given.

      4.  The notice need not be verified, sworn to or acknowledged.

      5.  A general contractor or other person who contracts directly with an owner or sells materials directly to an owner is not required to give notice pursuant to this section.

      6.  As used in this section, “owner” does not include any person, firm or corporation whose only interest in the real property is under a mortgage, deed of trust or other security arrangement.

      Sec. 17.  NRS 108.246 is hereby amended to read as follows:

      108.246  1.  Each general contractor shall, [prior to] before execution of a [construction contract,] contract for construction, inform the record owner [, as defined in NRS 108.227,] with whom he intends to contract of the provisions of NRS 108.245 in substantially the following form:

 

To: ........................................................

           (Owner’s name and address)

      Section 108.245 of Nevada Revised Statutes, a part of the mechanics’ lien law of the State of Nevada, requires, for your information and protection from hidden liens, that each person or other legal entity which supplies materials to or performs work or services on a construction project, other than one who performs only labor, shall deliver to the owner a notice of the materials supplied or the work or services performed.


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

ê1997 Statutes of Nevada, Page 2697 (Chapter 556, SB 458)ê

 

materials supplied or the work or services performed. You may receive such notices in connection with the construction project which you propose to undertake.

      2.  Each general contractor shall deliver a copy of the information required by subsection 1 to each subcontractor who participates in the construction project.

      3.  [Persistent] The failure of a general contractor so to inform owners and subcontractors with whom he contracts is a ground for disciplinary proceedings under chapter 624 of NRS.

      4.  Each subcontractor who participates in the construction project shall deliver a copy of each notice required by NRS 108.226 to the general contractor. [Persistent] The failure of the subcontractor to deliver such notice to the general contractor is a ground for disciplinary proceedings under chapter 624 of NRS.

      Sec. 18.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A building inspector who issues a permit to the owner of a residence to construct, alter, repair, add to, subtract from, improve, move, wreck or demolish the residence shall, at the same time, deliver to him a statement. The owner of the residence shall acknowledge in writing receipt of the statement.

      2.  The statement delivered by the building inspector must include the following text:

 

       State law requires construction to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own contractor with certain restrictions although you do not have a license.

       You must directly supervise the construction, on the job, yourself. The building or residence must be for your own use or occupancy. It may not be built or substantially improved for sale or lease. If you sell or lease a building you have built or substantially improved yourself within 1 year after the construction is complete, it is presumed that you built or substantially improved it for sale or lease, which is a violation of this exemption and a violation of chapter 624 of NRS.

       You may not hire an unlicensed person to act as your contractor or to supervise people working on your building. It is your responsibility to make sure that people employed by you have the licenses required by state law and by county or municipal licensing ordinances. You may not delegate the responsibility for supervising work to a contractor unless he is licensed to perform the work being done. Any person working on your building who is not licensed must work under your direct supervision and must be employed by you, which means that you must deduct FICA and withholding tax and provide industrial insurance and pay the required contribution for unemployment compensation for that employee, and comply with other state and federal laws relating to employment. Your construction must comply with all applicable laws, ordinances, building codes and zoning regulations.


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

ê1997 Statutes of Nevada, Page 2698 (Chapter 556, SB 458)ê

 

      Sec. 19.  NRS 278.610 is hereby amended to read as follows:

      278.610  1.  Except as otherwise provided in subsection 3, after the establishment of the position of building inspector and the filling of the position as provided in NRS 278.570, it is unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the territory covered by the building code or zoning regulations without obtaining a building permit from the building inspector.

      2.  The building inspector shall not issue any permit unless the plans of and for the proposed erection, construction, reconstruction, alteration or use fully conform to all building code and zoning regulations then in effect.

      3.  The provisions of subsection 1 do not apply to a school district to which the state public works board has delegated its powers and duties under NRS 393.110.

      4.  A building inspector shall not issue a building permit to a person acting for another unless the applicant proves to the satisfaction of the building inspector that he is licensed as a contractor for that work pursuant to the provisions of NRS 624.230 to 624.320, inclusive.

      Sec. 20.  Chapter 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 21, 22 and 23 of this act.

      Sec. 21.  As used in this section and sections 22 and 23 of this act, “contractor” means a person licensed pursuant to the provisions of chapter 624 of NRS whose scope of work includes the construction, repair or maintenance of any residential swimming pool or spa, regardless of use, including the repair or replacement of existing equipment or the installation of new equipment, as necessary. The scope of such work includes layout, excavation, operation of construction pumps for removal of water, steelwork, construction of floors, installation of gunite, fiberglass, tile and coping, installation of all perimeter and filter piping, installation of all filter equipment and chemical feeders of any type, plastering of the interior, construction of decks, installation of housing for pool equipment and installation of packaged pool heaters.

      Sec. 22.  1.  A contractor who receives an initial payment of $1,000 or 10 percent of the aggregate contract price, whichever is less, for the repair, restoration, improvement or construction of a residential pool or spa shall start the work within 30 days after the date all necessary permits for the work, if any, are issued, unless the person who made the payment agrees in writing to a longer period to apply for the necessary permits or start the work or to longer periods for both.

      2.  A contractor who receives money for the repair, restoration, addition, improvement or construction of a residential pool or spa must complete the work diligently and shall not refuse to perform any work for any 30-day period.

      3.  If satisfactory payment is made for any portion of the work performed, the contractor shall, before any further payment is made, furnish the owner a full and unconditional release from any claim of mechanic’s lien for that portion of the work for which payment has been made.

      4.  The requirements of subsection 3 do not apply if the contract provides for the contractor to furnish a bond for payment and performance or joint control covering full performance and completion of the contract and the bond or joint control is furnished by the contractor.


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

ê1997 Statutes of Nevada, Page 2699 (Chapter 556, SB 458)ê

 

or joint control covering full performance and completion of the contract and the bond or joint control is furnished by the contractor.

      5.  An agreement or contract for the repair, restoration, improvement or construction of a residential pool or spa must contain a written statement explaining the rights of the customer under this section, sections 21 and 23 of this act and other relevant statutes.

      6.  A contractor may require final payment for the final stage or phase of the construction of a residential pool or spa after the completion of the plastering and the final inspection by the local building department, unless any installation of equipment, decking or fencing that is required in the contract is not completed.

      7.  A violation of the provisions of this section by a contractor constitutes cause for disciplinary action pursuant to NRS 624.300.

      Sec. 23.  1.  A contract in an amount of more than $1,000 entered into between a contractor and the owner of a single-family residence for the construction or alteration of a residential pool or spa must contain in writing at least the following information:

      (a) The name of the contractor and his business address and license number;

      (b) The name and mailing address of the owner and the address or legal description of the property;

      (c) The date of execution of the contract;

      (d) The estimated date of completion of all work to be performed under the contract;

      (e) A description of the work to be performed under the contract;

      (f) The total amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes;

      (g) The amount of any advance deposit paid or promised to be paid to the contractor by the owner;

      (h) A statement that the contractor has provided the owner with the notice and informational form required by section 2 of this act;

      (i) A statement that any additional work to be performed under the contract, whether or not pursuant to a change order, which will require the owner to pay additional money and any other change in the terms in the original contract must be agreed to in writing by the parties and incorporated into the original contract as a change order;

      (j) A plan and scale drawing showing the shape, size, dimensions and the specifications for the construction and equipment for the residential pool or spa and for other home improvements, and a description of the work to be done, the materials to be used and the equipment to be installed, and the agreed consideration for the work; and

      (k) The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract.

Except as otherwise provided in subsection 4, the contract may contain such other conditions, stipulations or provisions as to which the parties may agree.


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

ê1997 Statutes of Nevada, Page 2700 (Chapter 556, SB 458)ê

 

      2.  The contract must contain, in close proximity to the signatures of the owner and the contractor, a notice stating that the owner has the right to request a bond for payment and performance.

      3.  At the time the owner signs the contract, the contractor shall furnish him a legible copy of all documents signed and a written and signed receipt for any money paid to the contractor by the owner. All written information provided in the contract must be printed in at least 10-point bold type.

      4.  A condition, stipulation or provision in a contract or other agreement that requires a person to waive any right provided by this section and sections 21 and 22 of this act or relieves a person of an obligation or liability imposed by those sections is void. Failure to comply with the requirements of this section and sections 21 and 22 of this act renders a contract unenforceable.

      5.  The contractor shall apply for and obtain all necessary permits.

      Sec. 24.  Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1997.

________

 

CHAPTER 557, SB 460

Senate Bill No. 460–Committee on Finance

CHAPTER 557

AN ACT relating to state financial administration; specifying the manner in which parts of the proposed budget for the executive department of the state government are confidential; revising deadlines for the submission of certain budgetary information; revising the provisions governing the procedure for the revision of work programs and allotments and acceptance of gifts and grants by state agencies; repealing the prospective expiration of certain provisions relating to governmental budgets; revising the effective dates of various legislative measures; 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 353.205 is hereby amended to read as follows:

      353.205  1.  The proposed budget for the executive department of the state government for each fiscal year must be set up in three parts:

      [1.] (a) Part 1 must consist of a budgetary message by the governor which outlines the financial policy of the executive department of the state government for the next 2 fiscal years, describing in connection therewith the important features of the financial plan. It must also embrace a general summary of the proposed budget setting forth the aggregate figures of the proposed budget in such a manner as to show the balanced relations between the total proposed expenditures and the total anticipated revenues, together with the other means of financing the proposed budget for the next 2 fiscal years, contrasted with the corresponding figures for the last completed fiscal year and fiscal year in progress. The general summary of the proposed budget must be supported by explanatory schedules or statements, classifying the expenditures contained therein by organizational units, objects and funds, and the income by organizational units, sources and funds.


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

ê1997 Statutes of Nevada, Page 2701 (Chapter 557, SB 460)ê

 

objects and funds, and the income by organizational units, sources and funds.

      [2.] (b) Part 2 must embrace the detailed budgetary estimates both of expenditures and revenues as provided in NRS 353.150 to 353.246, inclusive. The information must be presented in a manner which sets forth separately the cost of continuing each program at the same level of service as the current year and the cost, by budgetary issue, of any recommendations to enhance or reduce that level of service. Revenues must be summarized by type , and expenditures must be summarized by category of expense. Part 2 must include a mission statement and measurement indicators for each program. It must also include statements of the bonded indebtedness of the state government, showing the requirements for redemption of debt, the debt authorized and unissued, and the condition of the sinking funds, and any statements relative to the financial plan which the governor may deem desirable, or which may be required by the legislature.

      [3.] (c) Part 3 must include a recommendation to the legislature for the drafting of a general appropriation bill authorizing, by departments, institutions and agencies, and by funds, all expenditures of the executive department of the state government for the next 2 fiscal years, and may include recommendations to the legislature for the drafting of such other bills as may be required to provide the income necessary to finance the proposed budget and to give legal sanction to the financial plan if adopted by the legislature.

      2.  Except as otherwise provided in NRS 353.211, as soon as each part of the proposed budget is prepared, a copy of the part must be transmitted to the fiscal analysis division of the legislative counsel bureau for confidential examination and retention.

      3.  Except for the information provided to the fiscal analysis division of the legislative counsel bureau pursuant to NRS 353.211, parts 1 and 2 of the proposed budget are confidential until the governor transmits the proposed budget to the legislature pursuant to NRS 353.230, regardless of whether those parts are in the possession of the executive or legislative department of the state government. Part 3 of the proposed budget is confidential until the bills which result from the proposed budget are introduced in the legislature.

      Sec. 2.  NRS 353.211 is hereby amended to read as follows:

      353.211  1.  On or before October 15 of each even-numbered year, the chief shall provide to the fiscal analysis division of the legislative counsel bureau:

      (a) Computerized budget files containing the actual data regarding revenues and expenditures for the previous year;

      (b) The work programs for the current year; and

      (c) Each agency’s requested budget for the next 2 fiscal years.

      2.  On or before December [15] 31 of each even-numbered year, the chief shall provide to the fiscal analysis division:

      (a) Each agency’s adjusted base budget by budgetary account for the next 2 fiscal years; and

      (b) An estimated range of the costs for:

             (1) Continuing the operation of state government; and


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

ê1997 Statutes of Nevada, Page 2702 (Chapter 557, SB 460)ê

 

             (2) Providing elementary, secondary and higher public education,

at the current level of service.

      3.  The information provided to the fiscal analysis division pursuant to subsections 1 and 2 is open for public inspection.

      4.  As soon as practicable after receipt of the material provided pursuant to subsections 1 and 2, the fiscal analysis division shall provide a synopsis of the information to the members of the budget subcommittee of the legislative commission. The synopsis must include the levels of requested expenditures of all of the departments, institutions and agencies, major budgetary issues, approximate available revenues, historical data and any other information the fiscal analysts deem appropriate.

      Sec. 3.  NRS 353.220 is hereby amended to read as follows:

      353.220  1.  The head of any department, institution or agency of the executive department of the state government, whenever he deems it necessary [by reason] because of changed conditions, may request the revision of the work program of his department, institution or agency at any time during the fiscal year, and submit the revised program to the governor through the chief with a request for revision of the allotments for the remainder of that fiscal year.

      2.  Every request for revision must be submitted to the chief on the form and with supporting information as the chief prescribes.

      3.  Before encumbering any appropriated or authorized money, every request for revision must be approved or disapproved in writing by the governor or the chief, if the governor has by written instrument delegated this authority to the chief.

      4.  Whenever a request for the revision of a work program of a department, institution or agency in an amount more than [$2,000] $20,000 would, when considered with all other changes in allotments for that work program made pursuant to NRS 353.215 and subsections 1, 2 and 3 of this section, increase or decrease by 10 percent or [$25,000,] $50,000, whichever is less, the expenditure level approved by the legislature for any of the allotments within the work program, the request must be approved as provided in subsection 5 before any appropriated or authorized money may be encumbered for the revision.

      5.  If a request for the revision of a work program requires additional approval as provided in subsection 4 and:

      (a) Is necessary because of an emergency as defined in NRS 353.263 or for the protection of life or property, the governor shall take reasonable and proper action to approve it and shall report the action, and his reasons for determining that immediate action was necessary, to the interim finance committee at its first meeting after the action is taken. Action by the governor pursuant to this paragraph constitutes approval of the revision, and other provisions of this chapter requiring approval before encumbering money for the revision do not apply.

      (b) The governor determines that the revision is necessary and requires expeditious action, he may certify that the request requires expeditious action by the interim finance committee. Whenever the governor so certifies, the interim finance committee has 15 days after the request is submitted to its secretary within which to consider the revision. Any request for revision which is not considered within the 15-day period shall be deemed approved.


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

ê1997 Statutes of Nevada, Page 2703 (Chapter 557, SB 460)ê

 

for revision which is not considered within the 15-day period shall be deemed approved.

      (c) Does not qualify pursuant to paragraph (a) or (b), it must be submitted to the interim finance committee. The interim finance committee has 45 days after the request is submitted to its secretary within which to consider the revision. Any request which is not considered within the 45-day period shall be deemed approved.

      6.  The secretary shall place each request submitted to him pursuant to paragraph (b) or (c) of subsection 5 on the agenda of the next meeting of the interim finance committee.

      7.  In acting upon a proposed revision of a work program, the interim finance committee shall consider, among other things:

      (a) The need for the proposed revision; and

      (b) The intent of the legislature in approving the budget for the present biennium and originally enacting the statutes which the work program is designed to effectuate.

      Sec. 4.  NRS 353.335 is hereby amended to read as follows:

      353.335  1.  Except as otherwise provided in subsections 5 and 6, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.

      2.  If:

      (a) Any proposed gift or grant is necessary because of an emergency as defined in NRS 353.263 or for the protection or preservation of life or property, the governor shall take reasonable and proper action to accept it and shall report the action and his reasons for determining that immediate action was necessary to the interim finance committee at its first meeting after the action is taken. Action by the governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.

      (b) The governor determines that any proposed gift or grant would be forfeited if the state failed to accept it before the expiration of the period prescribed in paragraph (c), he may declare that the proposed acceptance requires expeditious action by the interim finance committee. Whenever the governor so declares, the interim finance committee has 15 days after the proposal is submitted to its secretary within which to approve or deny the acceptance. Any proposed acceptance which is not considered within the 15-day period shall be deemed approved.

      (c) The proposed acceptance of any gift or grant does not qualify pursuant to paragraph (a) or (b), it must be submitted to the interim finance committee. The interim finance committee has 45 days after the proposal is submitted to its secretary within which to consider acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.

      3.  The secretary shall place each request submitted to him pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the next meeting of the interim finance committee.


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

ê1997 Statutes of Nevada, Page 2704 (Chapter 557, SB 460)ê

 

      4.  In acting upon a proposed gift or grant, the interim finance committee shall consider, among other things:

      (a) The need for the facility or service to be provided or improved;

      (b) Any present or future commitment required of the state;

      (c) The extent of the program proposed; and

      (d) The condition of the national economy, and any related fiscal or monetary policies.

      5.  A state agency may accept:

      (a) Gifts, including grants from nongovernmental sources, not exceeding $10,000 each in value; and

      (b) Governmental grants not exceeding [$50,000] $100,000 each in value,

if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the governor or, if the governor delegates this power of approval to the chief of the budget division of the department of administration, the specific approval of the chief.

      6.  This section does not apply to:

      (a) The state industrial insurance system;

      (b) The University and Community College System of Nevada; or

      (c) The department of human resources while acting as the state health planning and development agency pursuant to paragraph (d) of subsection 2 of NRS 439A.081.

      Sec. 5.  NRS 387.303 is hereby amended to read as follows:

      387.303  1.  Not later than [October 15] November 10 of each year, the board of trustees of each school district shall submit to the superintendent of public instruction and the department of taxation a report which includes the following information:

      (a) For each fund within the school district, including, without limitation, the school district’s general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school district’s final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.

      (b) The count of pupils computed pursuant to paragraph (a) of subsection 1 of NRS 387.1233.

      (c) The average daily attendance for the preceding school year and the estimated average daily attendance for the current school year of part-time pupils enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma.

      (d) The school district’s actual expenditures in the fiscal year immediately preceding the report.

      (e) The school district’s proposed expenditures for the current fiscal year.


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

ê1997 Statutes of Nevada, Page 2705 (Chapter 557, SB 460)ê

 

      (f) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the superintendent upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.

      (g) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.

      (h) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.

      (i) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay [,] and the number of employees receiving that pay in the preceding and current fiscal years.

      2.  On or before November [10] 25 of each year, the superintendent of public instruction shall submit to the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each school district pursuant to subsection 1.

      3.  The superintendent shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the school districts with the apportionment received by those districts from the state distributive school account for the preceding year.

      Sec. 6.  Section 15 of chapter 729, Statutes of Nevada 1995, at page 2821, is hereby amended to read as follows:

       Sec. 15.  [1.]  Sections 2 and 6 of this act become effective at 12:01 a.m. on October 1, 1995.

       [2.  This act expires by limitation on July 1, 1997.]

      Sec. 7.  Section 3 of Assembly Bill No. 137 of this session is hereby amended to read as follows:

       Sec. 3.  This act becomes effective [upon passage and approval or on June 30, 1997, whichever occurs earlier.] on July 1, 1997.

      Sec. 8.  Section 15 of Assembly Bill No. 183 of this session is hereby amended to read as follows:

       Sec. 15.  1.  This section and sections 1 and 3 to 14, inclusive, of this act become effective on [June 30, 1997.] July 1, 1997.

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

      Sec. 9.  Section 4 of Assembly Bill No. 266 of this session is hereby amended to read as follows:

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

       1.  Subsections 1 and 2 of section 1 and sections 2 and 3 of this act become effective on June 30, 1997.

       2.  Subsection 3 of section 1 of this act becomes effective on July 1, 1997.


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

ê1997 Statutes of Nevada, Page 2706 (Chapter 557, SB 460)ê

 

      Sec. 10.  Section 5 of Assembly Bill No. 606 of this session is hereby amended to read as follows:

       Sec. 5.  This act becomes effective [upon passage and approval or on June 30, 1997, whichever occurs earlier.] on July 1, 1997.

      Sec. 11.  Section 3 of Senate Bill No. 204 of this session is hereby amended to read as follows:

       Sec. 3.  This act becomes effective [upon passage and approval or on June 30, 1997, whichever occurs earlier.] on July 1, 1997.

      Sec. 12.  Section 64 of Senate Bill No. 482 of this session is hereby amended to read as follows:

       Sec. 64.  1.  This section and section 63 of this act become effective upon passage and approval.

       2.  Subsection 1 of section 61 of this act becomes effective on June 30, 1997. Subsections 2 to 11, inclusive, of section 61 of this act become effective on July 1, 1997.

       3.  Section 27 of this act becomes effective upon passage and approval for purposes of appointing members to the commission on educational technology, created pursuant to section 27 of this act, and on July 1, 1997, for all other purposes.

       [3.] 4.  Section 37 of this act becomes effective upon passage and approval for purposes of appointing members to the legislative committee on education, created pursuant to section 37 of this act, and on July 1, 1997, for all other purposes.

       [4.] 5.  Section 43 of this act becomes effective upon passage and approval for purposes of appointing members to the council to establish academic standards for public schools, created pursuant to section 43 of this act, and on July 1, 1997, for all other purposes, and expires by limitation on June 30, 2001.

       [5.] 6.  Sections 20 to 26, inclusive, 28 to 36, inclusive, 38 to 42, inclusive, [and] 46 to [62,] 60, inclusive, and 62 of this act become effective on July 1, 1997.

       [6.] 7.  Sections 44 and 45 of this act become effective on July 1, 1997, and expire by limitation on June 30, 2003.

       [7.] 8.  Sections 1 to 19, inclusive, of this act become effective on January 1, 1998.

      Sec. 13.  1.  This section and sections 7 to 11, inclusive, of this act become effective on June 30, 1997.

      2.  Sections 1 to 6, inclusive, of this act become effective on July 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 2707ê

 

CHAPTER 558, SB 468

Senate Bill No. 468–Committee on Finance

CHAPTER 558

AN ACT relating to financial administration; authorizing the use of money in the state permanent school fund to guarantee certain bonds issued by school districts; 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 387 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, “executive director” means the executive director of the department of taxation.

      Sec. 3.  1.  The board of trustees of a school district may apply to the state treasurer for a guarantee agreement whereby money in the state permanent school fund is used to guarantee the payment of the debt service on bonds that the school district will issue. The amount of the guarantee for bonds of each school district outstanding at any one time must not exceed $25,000,000.

      2.  The application must be on a form prescribed by the state treasurer. The state treasurer shall develop the form in consultation with the executive director.

      3.  Medium-term obligations entered into pursuant to the provisions of NRS 350.085 to 350.095, inclusive, are not eligible for guarantee pursuant to sections 2 to 8, inclusive, of this act.

      4.  Upon receipt of an application for a guarantee agreement from a school district, the state treasurer shall provide a copy of the application and any supporting documentation to the executive director. As soon as practicable after receipt of a copy of an application, the executive director shall investigate the ability of the school district to make timely payments on the debt service of the bonds for which the guarantee is requested. The executive director shall submit a written report of his investigation to the state board of finance indicating his opinion as to whether the school district has the ability to make timely payments on the debt service of the bonds.

      Sec. 4.  The state treasurer may enter into a guarantee agreement if:

      1.  The report submitted by the executive director indicates that a school district has the ability to make timely payments on the debt service of the bonds;

      2.  The state board of finance approves the report submitted by the executive director; and

      3.  The state treasurer has determined that the amount of bonds to be guaranteed under the agreement, in addition to the total amount of outstanding bonds guaranteed pursuant to sections 2 to 8, inclusive, of this act, does not exceed the limitation established by subsection 1 of section 5 of this act.


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

ê1997 Statutes of Nevada, Page 2708 (Chapter 558, SB 468)ê

 

      Sec. 5.  1.  The total amount of outstanding bonds guaranteed pursuant to sections 2 to 8, inclusive, of this act must not exceed:

      (a) Two-hundred fifty percent of the lower of the cost or fair market value of the assets in the state permanent school fund;

      (b) A percentage of the lower of the cost or fair market value of the assets in the state permanent school fund specified for this purpose by section 148 of the Internal Revenue Code of 1986, 26 U.S.C. § 148, or regulations adopted pursuant to that section; or

      (c) A percentage of the lower of the cost or fair market value of the assets in the state permanent school fund certified by the state treasurer as the percentage used to determine the maximum amount of bonds that may be guaranteed pursuant to sections 2 to 8, inclusive, of this act,

whichever is less.

      2.  A certification by the state treasurer pursuant to paragraph (c) of subsection 1 shall be deemed a pledge by this state that, at the time a guarantee agreement is entered into, the total amount of bonds that are guaranteed pursuant to sections 2 to 8, inclusive, of this act will not exceed the percentage certified by the state treasurer pursuant to paragraph (c) of subsection 1.

      Sec. 6.  1.  A guarantee agreement entered into pursuant to section 4 of this act must:

      (a) Require the board of trustees of the school district to appoint the state treasurer, or a commercial bank designated by the state treasurer, as paying agent for the debt service on the bonds;

      (b) Specify the number of days before a payment on the debt service of the bonds is due that the paying agent must receive the payment from the school district;

      (c) Require the board of trustees of the school district to deposit the amount of money due for each payment with the paying agent within the period specified by paragraph (b);

      (d) Require that if the school district is unable to make a payment, the board of trustees of the school district or the superintendent of schools of the district shall provide written notice to the state treasurer at least 60 days before the payment is due;

      (e) If a loan is made to a school district pursuant to section 7 of this act, require the board of trustees of the school district to repay the loan as provided by section 8 of this act;

      (f) Be signed by the state treasurer and the president of the board of trustees of the school district; and

      (g) Be approved by a resolution of the state board of finance and the board of trustees of the school district.

      2.  A guarantee agreement may include such other provisions as the state treasurer determines necessary.

      Sec. 7.  1.  If a school district fails to make a timely payment on the debt service of bonds that are guaranteed pursuant to the provisions of sections 2 to 8, inclusive, of this act, the state treasurer shall:

      (a) Withdraw from the state permanent school fund the amount of money due for the payment on the debt service;

      (b) Make the payment on the debt service; and


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

ê1997 Statutes of Nevada, Page 2709 (Chapter 558, SB 468)ê

 

      (c) Report the payment to the executive director.

      2.  The amount of money withdrawn pursuant to subsection 1 shall be deemed a loan to the school district from the state permanent school fund. The state treasurer shall determine the rate of interest on the loan, which must not exceed 1 percent above the average rate of interest yielded on investments in the state permanent school fund on the date that the loan is made. A loan that is made to a school district pursuant to this subsection is a special obligation of the school district and is payable only from the sources specified in section 8 of this act.

      3.  A school district that receives a loan pursuant to this section shall not:

      (a) Include the loan as a general obligation of the school district when determining any limit on the debt of the school district.

      (b) Unless the school district obtains the written approval of the executive director, for the period during which the loan is unpaid, enter into any medium-term obligations pursuant to the provisions of NRS 350.085 to 350.095, inclusive, or otherwise borrow money.

      4.  If the executive director receives notice that a loan has been made pursuant to this section, he shall proceed pursuant to the provisions of NRS 354.685.

      Sec. 8.  If a loan is made from the state permanent school fund pursuant to section 7 of this act, the loan must be repaid:

      1.  By the school district from the money that is available to the school district to pay the debt service on the bonds that are guaranteed pursuant to the provisions of sections 2 to 8, inclusive, of this act unless payment from that money would cause the school district to default on other outstanding bonds or medium-term obligations entered into pursuant to the provisions of NRS 350.085 to 350.095, inclusive; and

      2.  If the school district is not able to repay fully the loan, including any accrued interest, in a timely manner pursuant to subsection 1 or by any other lawful means, the state treasurer shall withhold the payments of money that would otherwise be distributed to the school district from:

      (a) The interest earned on the state permanent school fund that is distributed among the various school districts;

      (b) Distributions of the local school support tax, which must be transferred by the state controller upon notification by the state treasurer; and

      (c) Distributions from the state distributive school account,

until the loan is repaid, including any accrued interest on the loan. The state treasurer shall apply the money first to the interest on the loan and, when the interest is paid in full, then to the balance. When the interest and balance on the loan are repaid, the state treasurer shall resume making the distributions that would otherwise be due to the school district.

      Sec. 9.  NRS 387.030 is hereby amended to read as follows:

      387.030  All money derived from interest on the state permanent school fund, together with all money derived from other sources provided by law, must:

      1.  Be placed in the state distributive school account which is hereby created in the state general fund; and


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

ê1997 Statutes of Nevada, Page 2710 (Chapter 558, SB 468)ê

 

      2.  [Be] Except as otherwise provided in section 8 of this act, be apportioned among the several school districts of the state at the times and in the manner provided by law.

      Sec. 10.  NRS 387.040 is hereby amended to read as follows:

      387.040  1.  Except as otherwise provided in subsection 2 [,] and section 8 of this act, the state treasurer shall pay over all public school money received by him only on warrants of the state controller issued upon the orders of the superintendent of public instruction in favor of county treasurers. When endorsed, the orders are valid vouchers in the hands of the state controller for the disbursement of public school money.

      2.  [If] Except as otherwise provided in section 8 of this act, if the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, the state treasurer shall pay over to the school district all public school money due to the school district.

      Sec. 11.  NRS 387.124 is hereby amended to read as follows:

      387.124  Except as otherwise provided in section 8 of this act:

      1.  On or before August 1, November 1, February 1 and May 1 of each year, the superintendent shall apportion the state distributive school account in the state general fund among the several county school districts in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. Apportionment computed on a yearly basis equals the difference between the basic support and the local funds available. No apportionment may be made if the amount of the local funds exceeds the amount of basic support.

      2.  If the state controller finds that such an action is needed to maintain the balance in the state general fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the state controller shall submit a report to the department of administration and the fiscal analysis division of the legislative counsel bureau documenting reasons for the action.

      Sec. 12.  NRS 387.185 is hereby amended to read as follows:

      387.185  1.  Except as otherwise provided in subsection 2 [,] and section 8 of this act, all school money due each county school district must be paid over by the state treasurer to the county treasurer on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the county treasurer may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.

      2.  [If] Except as otherwise provided in section 8 of this act, if the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, all school money due to that school district must be paid over by the state treasurer to the school district on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the school district may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.


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

ê1997 Statutes of Nevada, Page 2711 (Chapter 558, SB 468)ê

 

      3.  No county school district may receive any portion of the public school money unless that school district has complied with the provisions of this Title and regulations adopted pursuant thereto.

      Sec. 13.  NRS 387.205 is hereby amended to read as follows:

      387.205  1.  Money on deposit in the county school district fund or in a separate account, if the board of trustees of a school district has elected to establish such an account under the provisions of NRS 354.603, must be used for:

      (a) Maintenance and operation of public schools.

      (b) Payment of premiums for Nevada industrial insurance.

      (c) Rent of schoolhouses.

      (d) Construction, furnishing or rental of teacherages, when approved by the superintendent of public instruction.

      (e) Transportation of pupils, including the purchase of new buses.

      (f) Programs of nutrition, if such expenditures do not curtail the established school program or make it necessary to shorten the school term, and each pupil furnished lunch whose parent or guardian is financially able so to do pays at least the actual cost of the lunch.

      (g) Membership fees, dues and contributions to an interscholastic activities association.

      (h) Repayment of a loan made from the state permanent school fund pursuant to section 7 of this act.

      2.  Money on deposit in the county school district fund, or in a separate account, if the board of trustees of a school district has elected to establish such an account under the provisions of NRS 354.603, when available, may be used for:

      (a) Purchase of sites for school facilities.

      (b) Purchase of buildings for school use.

      (c) Repair and construction of buildings for school use.

      Sec. 14.  NRS 354.685 is hereby amended to read as follows:

      354.685  1.  If the department finds that one or more of the following conditions exist in any local government , after giving consideration to the severity of the condition, it may determine that one or more hearings should be conducted to determine the extent of the problem and to determine whether a recommendation of severe financial emergency should be made to the Nevada tax commission:

      (a) Required financial reports have not been filed or are consistently late.

      (b) The audit report reflects the unlawful expenditure of money in excess of the amount appropriated in violation of the provisions of NRS 354.626.

      (c) The audit report shows funds with deficit fund balances.

      (d) The local government has incurred debt beyond its ability to repay.

      (e) The local government has not corrected violations of statutes or regulations adopted pursuant thereto as noted in the audit report.

      (f) The local government has serious internal control problems noted in the audit report which have not been corrected.

      (g) The local government has a record of being late in its payments for services and supplies.

      (h) The local government has had insufficient cash to meet required payroll payments in a timely manner.


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

ê1997 Statutes of Nevada, Page 2712 (Chapter 558, SB 468)ê

 

      (i) The local government has borrowed money or entered into long-term lease arrangements without following the provisions of NRS or regulations adopted pursuant thereto.

      (j) The governing body of the local government has failed to correct problems after it has been notified of such problems by the department.

      (k) The local government has not separately accounted for its individual funds as required by chapter 354 of NRS.

      (l) The local government has invested its money in financial instruments in violation of the provisions of chapter 355 of NRS.

      (m) The local government is in violation of any covenant in connection with any debt issued by the local government.

      (n) The local government has not made bond and lease payments in accordance with the approved payment schedule.

      (o) The local government has failed to control its assets such that large defalcations have occurred which have impaired the financial condition of the local government.

      (p) The local government has recognized sizeable losses as a result of the imprudent investment of money.

      (q) The local government has allowed its accounting system and recording of transactions to deteriorate to such an extent that it is not possible to measure accurately the results of operations or to ascertain the financial position of the local government without a reconstruction of transactions.

      (r) The local government has consistently issued checks not covered by adequate deposits.

      (s) The local government has loaned and borrowed money between funds without following the proper procedures.

      (t) The local government has expended money in violation of the provisions governing the expenditure of that money.

      (u) Money restricted for any specific use has been expended in violation of the terms and provisions relating to the receipt and expenditure of that money.

      (v) Money has been withheld in accordance with the provisions of NRS 354.665.

      (w) If the local government is a school district, a loan has been made from the state permanent school fund to the school district pursuant to section 7 of this act.

      2.  In addition to any notice otherwise required, the department shall give notice of any hearing held pursuant to subsection 1 to the governing body of each local government whose jurisdiction overlaps with the jurisdiction of the local government whose financial condition will be considered at least 10 days before the date on which the hearing will be held.

      3.  If the department, following the hearing or hearings, determines that a recommendation of severe financial emergency should be made to the Nevada tax commission, it shall make such a recommendation as soon as practicable. Upon receipt of such a recommendation, the Nevada tax commission shall hold a hearing at which the department, the local government whose financial condition will be considered and each local government whose jurisdiction overlaps with the jurisdiction of the local government whose financial condition will be considered are afforded an opportunity to be heard.


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

ê1997 Statutes of Nevada, Page 2713 (Chapter 558, SB 468)ê

 

government whose jurisdiction overlaps with the jurisdiction of the local government whose financial condition will be considered are afforded an opportunity to be heard. If, after the hearing, the Nevada tax commission determines that a severe financial emergency exists, it shall require by order that the department take over the management of the local government as soon as practicable.

      Sec. 15.  NRS 355.060 is hereby amended to read as follows:

      355.060  1.  The state controller shall notify the state treasurer monthly of the amount of uninvested money in the state permanent school fund.

      2.  Whenever there is a sufficient amount of money for investment in the state permanent school fund, the state treasurer shall proceed to negotiate for the investment of the money in:

      (a) United States bonds;

      (b) Obligations or certificates of the Federal National Mortgage Association, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation, the Federal Farm Credit Banks Funding Corporation or the Student Loan Marketing Association, whether or not guaranteed by the United States;

      (c) Bonds of this state or of other states;

      (d) Bonds of any county of the State of Nevada;

      (e) United States treasury notes;

      (f) Farm mortgage loans fully insured and guaranteed by the Farmers Home Administration of the United States Department of Agriculture; or

      (g) Loans at a rate of interest of not less than 6 percent per annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title and free from all encumbrances.

      3.  In addition to the investments authorized by subsection 2, the state treasurer may make loans of money from the state permanent school fund to school districts pursuant to section 7 of this act.

      4.  No part of the state permanent school fund may be invested pursuant to a reverse-repurchase agreement.

      Sec. 16.  NRS 355.070 is hereby amended to read as follows:

      355.070  1.  [The] Except as otherwise provided in subsection 3, the state treasurer shall:

      (a) Make diligent inquiry as to the financial standing and responsibility of any state, county or person in whose bonds or securities on agricultural lands he proposes to invest.

      (b) Require the attorney general to:

             (1) Give his written legal opinion as to the validity of any act of any state or county under which the bonds or securities are issued and authorized and in which the state treasurer contemplates investment.

             (2) Examine and give his written opinion upon the title and the abstract of title of all agricultural land on which the state contemplates taking mortgages.

      2.  If the state treasurer is satisfied as to the financial standing and responsibility of the state or county whose bonds or securities he proposes to purchase, or is satisfied of the financial standing and responsibility of the person whose mortgages on agricultural land are offered to the state, and the attorney general gives his written opinion that the act under which the bonds or securities are issued is valid and that the issues were regularly made, or approves the abstract of title of the agricultural land proposed to be mortgaged, the state treasurer may make the investment.


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

ê1997 Statutes of Nevada, Page 2714 (Chapter 558, SB 468)ê

 

the attorney general gives his written opinion that the act under which the bonds or securities are issued is valid and that the issues were regularly made, or approves the abstract of title of the agricultural land proposed to be mortgaged, the state treasurer may make the investment.

      3.  The provisions of this section do not apply to loans of money from the state permanent school fund made pursuant to section 7 of this act.

      Sec. 17.  NRS 374.785 is hereby amended to read as follows:

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

      2.  The department shall deposit the payments in the state treasury to the credit of 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, each month, from the sales and use tax account in the state general fund:

      (a) Transfer 1 percent of all fees, taxes, interest and penalties collected in each county during the preceding month to the appropriate account in the state general fund as compensation to the state for the costs of collecting the tax.

      (b) Transfer 1 percent of all fees, taxes, interest and penalties collected during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state to the appropriate account in the state general fund as compensation to the state for the costs of collecting the tax.

      (c) Determine for each county the amount of money equal to the fees, taxes, interest and penalties collected in the county pursuant to this chapter during the preceding month less the amount transferred pursuant to paragraph (a) of this subsection.

      (d) Transfer the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state, less the amount transferred pursuant to paragraph (b) of this subsection, to the state distributive school account in the state general fund.

      (e) [Transfer] Except as otherwise provided in section 8 of this act, transfer the amount owed to each county to the intergovernmental fund and remit the money to the credit of the county school district fund.

      4.  For the purpose of the distribution required by this section, the occasional sale of a vehicle shall be deemed to take place in the county to which the privilege tax payable by the buyer upon that vehicle is distributed.

      Sec. 18.  Section 1 of Senate Bill No. 245 of this session is hereby amended to read as follows:

       Section 1.  NRS 374.785 is hereby amended to read as follows:

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

       2.  The department shall deposit the payments in the state treasury to the credit of the sales and use tax account in the state general fund.


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

ê1997 Statutes of Nevada, Page 2715 (Chapter 558, SB 468)ê

 

       3.  The state controller, acting upon the collection data furnished by the department, shall, each month, from the sales and use tax account in the state general fund:

       (a) Transfer [1] .5 percent of all fees, taxes, interest and penalties collected in each county during the preceding month to the appropriate account in the state general fund as compensation to the state for the costs of collecting the tax.

       (b) Transfer [1] .5 percent of all fees, taxes, interest and penalties collected during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state to the appropriate account in the state general fund as compensation to the state for the costs of collecting the tax.

       (c) Determine for each county the amount of money equal to the fees, taxes, interest and penalties collected in the county pursuant to this chapter during the preceding month less the amount transferred pursuant to paragraph (a) of this subsection.

       (d) Transfer the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state, less the amount transferred pursuant to paragraph (b) of this subsection, to the state distributive school account in the state general fund.

       (e) Except as otherwise provided in section 8 of [this act,] Senate Bill No. 468 of this session, transfer the amount owed to each county to the intergovernmental fund and remit the money to the credit of the county school district fund.

       4.  For the purpose of the distribution required by this section, the occasional sale of a vehicle shall be deemed to take place in the county to which the privilege tax payable by the buyer upon that vehicle is distributed.

      Sec. 19.  This act becomes effective upon passage and approval.

________

 

CHAPTER 559, SB 480

Senate Bill No. 480–Committee on Judiciary

CHAPTER 559

AN ACT relating to actions concerning property; revising the provisions governing actions concerning constructional defects; 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 40 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  “Complex matter” means a claim:

      1.  In which the claimant is a representative of a homeowner’s association that is responsible for a residence or for an appurtenance and is acting within the scope of his duties pursuant to chapter 116 or 117 of NRS; or

 


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ê1997 Statutes of Nevada, Page 2716 (Chapter 559, SB 480)ê

 

acting within the scope of his duties pursuant to chapter 116 or 117 of NRS; or

      2.  That involves five or more separate residences at the time the action is commenced or at any time during the subsequent action.

      Sec. 3.  Notwithstanding any other provision of law:

      1.  A claimant shall, within 10 days after commencing an action against a contractor, disclose to the contractor all information about any homeowner’s warranty that is applicable to the claim.

      2.  The contractor shall, no later than 10 days after any settlement offer is made pursuant to this chapter, disclose to the claimant any information about insurance agreements that may be obtained by discovery pursuant to rule 26(b)(2) of the Nevada Rules of Civil Procedure. Such disclosure does not affect the admissibility at trial of the information disclosed.

      3.  Except as otherwise provided in subsection 4, if either party fails to provide the information required pursuant to subsection 1 or 2 within the time allowed, the other party may petition the court to compel production of the information. Upon receiving such a petition, the court may order the party to produce the required information and may award the petitioning party reasonable attorney’s fees and costs incurred in petitioning the court pursuant to this subsection.

      4.  The parties may agree to an extension of time to produce the information required pursuant to this section.

      5.  For the purposes of this section, “information about insurance agreements” is limited to any declaration sheets, endorsements and contracts of insurance issued to the contractor from the commencement of construction of the residence of the claimant to the date on which the request for the information is made and does not include information concerning any disputes between the contractor and an insurer or information concerning any reservation of rights by an insurer.

      Sec. 4.  1.  Upon petition by a party:

      (a) The court shall give preference in setting a date for the trial of an action commenced pursuant to NRS 40.600 to 40.695, inclusive, this section and sections 2 and 3 of this act; and

      (b) The court may assign an action commenced pursuant to NRS 40.600 to 40.695, inclusive, this section and sections 2 and 3 of this act to a senior judge.

      2.  If the action is assigned to a senior judge upon petition by a party:

      (a) Any additional expenses caused by the assignment must be borne equally by each party involved; or

      (b) The judge may distribute any additional expenses among the parties as he deems appropriate.

      Sec. 5.  NRS 40.600 is hereby amended to read as follows:

      40.600  As used in NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 40.605 to 40.630, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 6.  NRS 40.605 is hereby amended to read as follows:

      40.605  “Appurtenance” means a structure, installation, facility or amenity that is appurtenant to a residence, but is not a part of the dwelling unit.


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ê1997 Statutes of Nevada, Page 2717 (Chapter 559, SB 480)ê

 

unit. The term includes, without limitation, the parcel of real property, recreational facilities, golf courses, walls, sidewalks, driveways, landscaping and other structures, installations, facilities and amenities associated with a residence.

      Sec. 7.  NRS 40.610 is hereby amended to read as follows:

      40.610  “Claimant” means an owner of a residence or appurtenance or a representative of a homeowner’s association that is responsible for a residence or appurtenance [.] and is acting within the scope of his duties pursuant to chapter 116 or 117 of NRS.

      Sec. 8.  NRS 40.620 is hereby amended to read as follows:

      40.620  “Contractor” means a person who, with or without a license issued pursuant to chapter 624 of NRS, by himself or through his agents, employees or subcontractors:

      1.  [Constructs,] Develops, constructs, alters, repairs, improves or landscapes a residence, appurtenance or any part thereof; [or]

      2.  Develops a site for a residence, appurtenance or any part thereof; or

      3.  Sells a residence or appurtenance, any part of which the person, by himself or through his agents, employees or subcontractors, has developed, constructed, altered, repaired, improved or landscaped.

[The term includes a risk retention group which operates in compliance with chapter 695E of NRS and insures all or any part of a contractor’s liability for the cost to repair a residential constructional defect.]

      Sec. 9.  NRS 40.625 is hereby amended to read as follows:

      40.625  “Homeowner’s warranty” means a warranty or [contract] policy of insurance [for the protection of a homeowner which is issued by an insurer authorized to issue such a warranty or contract in this state or issued] :

      1.  Issued or purchased by or on behalf of a contractor [.] for the protection of a claimant; or

      2.  Purchased by a claimant pursuant to NRS 690B.100 to 690B.180, inclusive.

The term includes a warranty contract issued by a risk retention group that operates in compliance with chapter 695E of NRS and insures all or any part of the liability of a contractor for the cost to repair a constructional defect in a residence.

      Sec. 10.  NRS 40.630 is hereby amended to read as follows:

      40.630  “Residence” means [a dwelling designed for not more than four families or a unit in such a] any dwelling in which title to the individual units is transferred to the owners . [pursuant to chapter 116 or 117 of NRS.]

      Sec. 11.  NRS 40.635 is hereby amended to read as follows:

      40.635  NRS 40.600 to 40.695, inclusive [:] , and sections 2, 3 and 4 of this act:

      1.  Apply to [a claim or cause of action which arises after] any claim that arises before, on or after July 1, 1995, [to recover damages resulting, directly or indirectly, from] as the result of a constructional defect, except a claim for personal injury or wrongful death, [and prevail] if the claim is the subject of an action commenced on or after July 1, 1995.

      2.  Prevail over any conflicting law otherwise applicable to the claim or cause of action.


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ê1997 Statutes of Nevada, Page 2718 (Chapter 559, SB 480)ê

 

      [2.] 3.  Do not bar or limit any defense otherwise available except as otherwise provided in those sections.

      4.  Do not create a new theory upon which liability may be based.

      Sec. 12.  NRS 40.640 is hereby amended to read as follows:

      40.640  In a claim [or cause of action] to recover damages resulting from a constructional defect, a contractor is liable for his acts or omissions or the acts or omissions of his agents, employees or subcontractors and is not liable for any damages caused by:

      1.  The acts or omissions of a person other than the contractor or his agent, employee or subcontractor;

      2.  The failure of a person other than the contractor or his agent, employee or subcontractor to take reasonable action to reduce the damages or maintain the residence;

      3.  Normal wear, tear or deterioration;

      4.  Normal shrinkage, swelling, expansion or settlement; or

      5.  Any constructional defect disclosed to an owner before his purchase of the residence, if the disclosure was provided in [a] language that is understandable and was written in underlined and boldfaced type with capital letters.

      Sec. 13.  NRS 40.645 is hereby amended to read as follows:

      40.645  Except as otherwise provided in this section and NRS 40.670:

      1.  At least 60 days before a claimant [brings a cause of] commences an action against a contractor for damages arising from a constructional defect, the claimant must give written notice by certified mail, return receipt requested, to the contractor, at the contractor’s last known address, specifying in reasonable detail the defects or any damages or injuries to each residence or each unit within a multiple unit residence that [are] is the subject of the [complaint.] claim. The notice must describe in reasonable detail the cause of the defects if the cause is known, and the nature and extent that is known of the damage or injury resulting from the defects. In a complex matter, an expert opinion concerning the cause of the defects and the nature and extent of the damage or injury resulting from the defects based on a representative sample of the residences or of the units of each multiple unit residence involved in the action satisfies the requirements of this section. During the 35-day period after the contractor receives the notice, on his written request, the contractor is entitled to inspect the property that is the subject of the [complaint] claim to determine the nature and cause of the defect, damage or injury and the nature and extent of repairs necessary to remedy the defect. The contractor shall, before making the inspection, provide reasonable notice of the inspection and must make the inspection at a reasonable time. The contractor may take reasonable steps to establish the existence of the defect.

      2.  If the residence is covered by a homeowner’s warranty , [or contract of insurance issued by an insurer authorized by this state to issue such a warranty or contract,] a claimant must diligently pursue a claim under the warranty or contract.

      [2.] 3.  Within 45 days after the contractor receives the notice, the contractor may make a written offer of settlement to the claimant. The offer:


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ê1997 Statutes of Nevada, Page 2719 (Chapter 559, SB 480)ê

 

      (a) Must be served to the claimant by certified mail, return receipt requested, at the claimant’s last known address.

      (b) Must respond to each constructional defect set forth in the claimant’s notice, and describe in reasonable detail the cause of the defect, if known, the nature and extent of the damage or injury resulting from the defect, and, unless the offer is limited to a proposal for monetary compensation, the method, adequacy and estimated cost of the proposed repair.

      (c) May include:

             (1) A proposal for monetary compensation.

             (2) If the contractor is licensed to make the repairs, an agreement by the contractor to make the repairs.

             (3) An agreement by the contractor to cause the repairs to be made, at the contractor’s expense, by another contractor who is licensed to make the repairs, bonded and insured.

The repairs must be made within 45 days after the contractor receives written notice of acceptance of the offer, unless completion is delayed by the claimant or by other events beyond the control of the contractor. The claimant and the contractor may agree in writing to extend the periods prescribed by this section.

      4.  The periods provided in subsections 1 and 3 must be extended by 60 days if the claim is a complex matter. The parties may stipulate to a further extension.

      5.  Not later than 15 days before the mediation required pursuant to NRS 40.680 and upon providing 15 days’ notice, each party shall provide the other party, or shall make a reasonable effort to assist the other party to obtain, all relevant reports, photos, correspondence, plans, specifications, warranties, contracts, subcontracts, work orders for repair, videotapes and soil and other engineering reports that are not privileged.

      6.  If the claimant is a representative of a homeowner’s association, the association shall submit any offer of settlement made by the contractor to each member of the association.

      Sec. 14.  NRS 40.650 is hereby amended to read as follows:

      40.650  1.  If a claimant unreasonably rejects a reasonable written offer of settlement made pursuant to NRS 40.645 or does not permit the contractor or independent contractor a reasonable opportunity to repair the defect pursuant to an accepted offer of settlement and thereafter [files a cause of] commences an action governed by NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act, the court in which the [cause of] action is [filed] commenced may:

      (a) Deny the claimant’s attorney’s fees and costs; and

      (b) Award attorney’s fees and costs to the contractor.

Any sums paid under a homeowner’s warranty, other than sums paid in satisfaction of claims that are collateral to any coverage issued to or by the contractor, must be deducted from any recovery.

      2.  If a contractor fails to [make a reasonable] :

      (a) Make an offer of settlement [pursuant to NRS 40.645 or fails to complete,] ;

      (b) Make a good faith response to the claim asserting no liability;


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ê1997 Statutes of Nevada, Page 2720 (Chapter 559, SB 480)ê

 

      (c) Complete, in a good and workmanlike manner, the repairs specified in an accepted offer [,] ;

      (d) Agree to a mediator or accept the appointment of a mediator pursuant to NRS 40.680; or

      (e) Participate in mediation,

the limitations on damages and defenses to liability provided in NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act do not apply [.] and the claimant may commence an action without satisfying any other requirement of NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act.

      3.  If coverage under a homeowner’s warranty [or contract of insurance] is denied by an insurer in bad faith, the homeowner and the contractor have a right of action for the sums that would have been paid if coverage had been provided, plus reasonable attorney’s fees and costs.

      Sec. 15.  NRS 40.655 is hereby amended to read as follows:

      40.655  1.  Except as otherwise provided in NRS 40.650, in a claim [or cause of action] governed by NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act, the claimant may recover only the following damages to the extent proximately caused by a constructional defect:

      (a) Any reasonable attorney’s fees;

      (b) The reasonable cost of any repairs already made that were necessary and of any repairs yet to be made that are necessary to cure any constructional defect that the contractor failed to cure and the reasonable expenses of temporary housing reasonably necessary during the repair;

      (c) The reduction in market value of the residence or accessory structure, if any, to the extent the reduction is because of structural failure;

      (d) The loss of the use of all or any part of the residence ; [during the time of the repair;]

      (e) The reasonable value of any other property damaged by the constructional defect;

      (f) Any additional costs reasonably incurred by the claimant, including , but not limited to, any costs and fees incurred for [hiring experts reasonably necessary to ascertain] the retention of experts to:

             (1) Ascertain the nature and extent of the constructional [defect; and] defects;

             (2) Evaluate appropriate corrective measures to estimate the value of loss of use; and

             (3) Estimate the value of loss of use, the cost of temporary housing and the reduction of market value of the residence; and

      (g) Any interest provided by statute.

      2.  The amount of any attorney’s fees awarded pursuant to this section must be approved by the court.

      3.  If a contractor complies with the provisions of NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act, the claimant may not recover from the contractor, as a result of the constructional defect, anything other than that which is provided pursuant to NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act.


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ê1997 Statutes of Nevada, Page 2721 (Chapter 559, SB 480)ê

 

      4.  As used in this section, “structural failure” means physical damage to the load-bearing portion of a residence or appurtenance caused by a failure of the load-bearing portion of the residence or appurtenance.

      Sec. 16.  NRS 40.665 is hereby amended to read as follows:

      40.665  In addition to any other method provided for settling a claim pursuant to NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act, a contractor may, pursuant to a written agreement entered into with a claimant, settle a claim by repurchasing the claimant’s residence and the real property upon which it is located. The agreement may include [, without limitation,] provisions which reimburse the claimant for:

      1.  The market value of the residence as if no constructional defect existed, except that if a residence is less than 2 years of age and was purchased from the contractor against whom the claim is brought, the market value is the price at which the residence was sold to the claimant;

      2.  The value of any improvements made to the property by a person other than the contractor;

      [2.] 3.  Reasonable attorney’s fees and fees for experts; and

      [3.] 4.  Any costs, including costs and expenses for moving and costs, points and fees for loans.

Any offer of settlement made that includes the items listed in this section shall be deemed reasonable for the purposes of subsection 1 of NRS 40.650.

      Sec. 17.  NRS 40.670 is hereby amended to read as follows:

      40.670  1.  A contractor who receives written notice of a constructional defect resulting from work performed by the contractor or his agent, employee or subcontractor which creates an imminent threat to the health or safety of the inhabitants of the residence shall take reasonable steps to cure the defect as soon as practicable. The contractor shall not cure the defect by making any repairs for which he is not licensed or by causing any repairs to be made by a person who is not licensed to make those repairs. If the contractor fails to cure the defect in a reasonable time, the owner of the residence may have the defect cured and may recover from the contractor the reasonable cost of the repairs plus reasonable attorney’s fees and costs in addition to any other damages recoverable under any other law.

      2.  A contractor who does not cure a defect pursuant to this section because he has determined, in good faith and after a reasonable inspection, that there is not an imminent threat to the health or safety of the inhabitants is not liable for attorney’s fees and costs pursuant to this section, except that if a building inspector employed by a governmental body with jurisdiction certifies that there is an imminent threat to the health and safety of the inhabitants of the residence, the contractor is subject to the provisions of subsection 1.

      Sec. 18.  NRS 40.680 is hereby amended to read as follows:

      40.680  1.  [Before a complaint in a cause of action governed] Except as otherwise provided in this chapter, before an action based on a claim governed by NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act, may be [filed] commenced in court, the matter must be submitted to mediation, unless mediation is waived in writing by the contractor and the claimant.


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

ê1997 Statutes of Nevada, Page 2722 (Chapter 559, SB 480)ê

 

      2.  The claimant and contractor must select a mediator by agreement. If the claimant and contractor fail to agree upon a mediator within 45 days after a mediator is first selected by the claimant, either party may petition the American Arbitration Association, the Nevada Arbitration Association, Nevada Dispute Resolution Services or any other mediation service acceptable to the parties for the appointment of a mediator. A mediator so appointed may discover only those documents or records which are necessary to conduct the mediation. The mediator shall convene the mediation within 60 days after the matter is submitted to him, unless the parties agree to extend the time. [The] Except in a complex matter, the claimant shall, before the mediation begins, deposit $50 with the mediation service and the contractor shall deposit with the [mediator before mediation begins the entire] mediation service the remaining amount estimated by the [mediator] mediation service as necessary to pay the [salary] fees and expenses of the mediator [,] for the first session of mediation, and the contractor shall deposit additional amounts demanded by the [mediator] mediation service as incurred for that purpose. [The] In a complex matter, each party shall share equally in the deposits estimated by the mediation service. Unless otherwise agreed, the total fees for each day of mediation and the mediator must not exceed $750 per day.

      3.  [If, after undergoing mediation pursuant to subsection 2,] If the parties do not reach an agreement concerning the matter [,] during mediation or if the contractor fails to pay the required fees and appear, the claimant may [file his complaint] commence his action in court and:

      (a) The reasonable costs and fees of the mediation are recoverable by the prevailing party as costs of the action.

      (b) [The claimant] Either party may petition the court in which the [complaint is filed] action is commenced for the appointment of a special master.

      4.  A special master appointed pursuant to subsection 3 may:

      (a) Review all pleadings, papers or documents filed with the court concerning the [cause of] action.

      (b) Coordinate the discovery of any books, records, papers or other documents by the parties, including the disclosure of witnesses and the taking of the deposition of any party.

      (c) Order any inspections on the site of the property by a party and any consultants or experts of a party.

      (d) Order settlement conferences and attendance at those conferences by any representative of the insurer of a party.

      (e) Require any attorney representing a party to provide statements of legal and factual issues concerning the [cause of] action.

      (f) Refer to the judge who appointed him or to the presiding judge of the court in which the [cause of action is filed] action is commenced any matter requiring assistance from the court.

The special master shall not, unless otherwise agreed by the parties, personally conduct any settlement conferences or engage in any ex parte meetings regarding the action.

      5.  Upon application by a party to the court in which the [cause of action is filed,] action is commenced, any decision or other action taken by a special master appointed pursuant to this section may be appealed to the court for a [trial de novo.]


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ê1997 Statutes of Nevada, Page 2723 (Chapter 559, SB 480)ê

 

special master appointed pursuant to this section may be appealed to the court for a [trial de novo.] decision.

      6.  A report issued by a mediator or special master that indicates that either party has failed to appear before him or to mediate in good faith is admissible in the [cause of] action, but a statement or admission made by either party in the course of mediation is not admissible.

      Sec. 19.  NRS 40.685 is hereby amended to read as follows:

      40.685  1.  Except as otherwise provided in subsection 2, a written waiver or settlement agreement executed by a claimant after a contractor has corrected or otherwise repaired a constructional defect does not bar a [cause of action] claim for the constructional defect if it is determined that the contractor failed to correct or repair the defect properly.

      2.  The provisions of subsection 1 do not apply to any written waiver or settlement agreement described in subsection 1 , unless:

      (a) The claimant has obtained the opinion of an expert concerning the constructional defect;

      (b) The claimant has provided the contractor with a written notice of the defect pursuant to NRS 40.645 and a copy of the expert’s opinion; and

      (c) The claimant and the contractor have complied with the requirements for inspection and repair as provided in NRS 40.600 to 40.695, inclusive [.] , and sections 2, 3 and 4 of this act.

      3.  If a claimant does not prevail in any [cause of] action which is not barred pursuant to this section, the court may:

      (a) Deny the claimant’s attorney’s fees, fees for an expert witness or costs; and

      (b) Award attorney’s fees and costs to the contractor.

      Sec. 20.  NRS 40.690 is hereby amended to read as follows:

      40.690  [No claim or cause of action]

      1.  A claim governed by NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act may not be brought by a claimant or contractor against any third parties, including a government, governmental agency or political subdivision of a government, during the period in which a claim [or cause of action] for a constructional defect is being settled, mediated or otherwise resolved pursuant to NRS 40.600 to 40.695, inclusive [.] , and sections 2, 3 and 4 of this act. The settlement of such a claim [or cause of action] does not affect the rights or obligations of any person who is not a party to the settlement, and the failure to reach such a settlement does not affect the rights or obligations of the claimant or contractor in any action brought by the claimant or contractor against a third party.

      2.  A contractor may require any third party except an insurer, government, governmental agency or political subdivision of a government to appear and participate in proceedings pursuant to NRS 40.600 to 40.695, inclusive, and subsections 2, 3 and 4 of this act as if the third party were a contractor.

      Sec. 21.  NRS 40.695 is hereby amended to read as follows:

      40.695  [Any]

      1.  All statutes of limitation or repose applicable to a claim [or cause of action] based on a constructional defect governed by NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act are tolled from the time [a claimant provides] notice of the [claimed defect, damage or injury to the contractor pursuant to NRS 40.645] claim is given, until 30 days after mediation is concluded or waived in writing pursuant to NRS 40.680.


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

ê1997 Statutes of Nevada, Page 2724 (Chapter 559, SB 480)ê

 

time [a claimant provides] notice of the [claimed defect, damage or injury to the contractor pursuant to NRS 40.645] claim is given, until 30 days after mediation is concluded or waived in writing pursuant to NRS 40.680.

      2.  Tolling under this section applies to a third party regardless of whether the party is required to appear in the proceeding.

      Sec. 22.  The amendatory provisions of this act apply to actions that are commenced before, on or after October 1, 1997.

________

 

CHAPTER 560, SB 489

Senate Bill No. 489–Committee on Finance

CHAPTER 560

AN ACT relating to aging persons; requiring the creation of a Nevada silver haired legislative forum to identify and act upon issues of importance to aging persons; making an appropriation; 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 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  The division shall establish the Nevada silver haired legislative forum to identify and act upon issues of importance to aging persons.

      Sec. 3.  1.  The governor shall appoint 21 persons to the Nevada silver haired legislative forum, of whom not more than 11 may be members of the same political party. The governor shall appoint from each senatorial district a number of members equal to the number of state senators that represent the senatorial district.

      2.  Appointments to the Nevada silver haired legislative forum must be made by the governor before December 1 of an odd-numbered year. The term of a member begins on December 1 of the odd-numbered year of appointment.

      3.  The members of the Nevada silver haired legislative forum from Clark County senatorial districts 2, 3, 4, 7 and 8, Washoe County senatorial districts 1 and 3, the Capital senatorial district and the Western Nevada senatorial district serve an initial term of 1 year. The eight members of the Nevada silver haired legislative forum from the remaining senatorial districts serve an initial term of 2 years. After the initial terms, each member serves a term of 2 years.

      Sec. 4.  A member of the Nevada silver haired legislative forum must:

      1.  Have been a resident of this state for 5 years immediately preceding his appointment;

      2.  Have been a registered voter in the senatorial district that he is to represent for 3 years immediately preceding his appointment; and

      3.  Be at least 60 years of age on the day that he is appointed.

      Sec. 5.  Members of the national silver haired congress from this state shall serve as ex officio members of the Nevada silver haired legislative forum. If a member of the national silver haired congress ceases to be a member of the national silver haired congress, the ex officio membership of that person in the Nevada silver haired legislative forum terminates.


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ê1997 Statutes of Nevada, Page 2725 (Chapter 560, SB 489)ê

 

member of the national silver haired congress, the ex officio membership of that person in the Nevada silver haired legislative forum terminates. An ex officio member of the Nevada silver haired legislative forum has the same rights and responsibilities as the members who are appointed.

      Sec. 6.  1.  A position in the Nevada silver haired legislative forum becomes vacant upon:

      (a) The death or resignation of a member.

      (b) The illness of a member that prevents him from attending three consecutive meetings of the Nevada silver haired legislative forum.

      (c) The absence of a member for any reason from three consecutive meetings of the Nevada silver haired legislative forum.

      2.  If a vacancy occurs, the governor shall appoint a person to serve the remainder of the unexpired term. The governor may appoint a person whose membership in the national silver haired congress has ended to fill a vacancy in the Nevada silver haired legislative forum.

      Sec. 7.  The Nevada silver haired legislative forum shall elect from among its members, to serve a term of 1 year:

      1.  A president, who shall conduct meetings and oversee the formation of committees as necessary to accomplish the purposes of the Nevada silver haired legislative forum.

      2.  A vice president, who shall assist the president and conduct meetings of the Nevada silver haired legislative forum if the president is absent or otherwise unable to perform his duties.

      3.  A secretary, who shall:

      (a) Prepare and keep a record of meetings, including, without limitation, the date, time, place and purpose of every meeting; and

      (b) At the first meeting every year of the Nevada silver haired legislative forum, prepare a list of the dates of the meetings that are scheduled for the year.

      4.  A treasurer, who shall prepare and keep a list of the expenses of the Nevada silver haired legislative forum to be sent to the division for payment.

      Sec. 8.  The Nevada silver haired legislative forum may:

      1.  Meet 1 day each month during the regular session of the legislature in the legislative building in Carson City.

      2.  Meet and hold public hearings at least 1 day during each of the months of June, July and August during each even-numbered year.

      3.  Comply with chapter 241 of NRS.

      Sec. 9.  The Nevada silver haired legislative forum may:

      1.  Submit a report containing topics for possible legislative action to the governor before September 1 of each even-numbered year.

      2.  Accept gifts, grants and donations that must be deposited in the state treasury for credit to the aging services division’s gift account in the department of human resources’ gift fund. A gift, grant or donation to the Nevada silver haired legislative forum may be expended only in carrying out the duties of the Nevada silver haired legislative forum.

      3.  Adopt procedures to conduct meetings of the Nevada silver haired legislative forum and committees thereof. These procedures may be changed upon approval of a majority vote of all members of the Nevada silver haired legislative forum who are present and voting.


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

ê1997 Statutes of Nevada, Page 2726 (Chapter 560, SB 489)ê

 

      Sec. 10.  Within the limits of legislative appropriations, and any gifts, grants and donations:

      1.  The division shall pay the expenses of the Nevada silver haired legislative forum.

      2.  Each member of the Nevada silver haired legislative forum is entitled to receive for attendance at a meeting of the Nevada silver haired legislative forum or a committee thereof the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 11.  The division may adopt such regulations as are necessary to carry out the provisions of sections 2 to 11, inclusive, of this act.

      Sec. 12.  1.  There is hereby appropriated from the state general fund to the aging services division of the department of human resources the sum of $5,000 for the per diem allowance and travel expenses of members of the Nevada silver haired legislative forum. Each member may receive from this appropriation a maximum of 1 day of per diem allowance and travel expenses.

      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. 13.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 561, SB 491

Senate Bill No. 491–Committee on Finance

CHAPTER 561

AN ACT relating to state lands; authorizing Washoe County to use a portion of the fairgrounds land leased from the State of Nevada for the construction and maintenance of a county public building complex; exempting such land from a statutory trust; making legislative findings; directing the execution of an amendatory lease; 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.  The Legislature finds that:

      1.  By the provisions of chapter XXVII, Statutes of Nevada 1887, the Nevada state agricultural society, a state institution, was empowered to expend appropriated money to purchase and improve fairgrounds, the title of such acquired property to be vested in the State of Nevada for the sole use and benefit of the State of Nevada.

      2.  On March 9, 1889, the Nevada state agricultural society caused the NE 1/4 SW 1/4 and SE 1/4 NW 1/4 of Section 1, T. 19 N., R. 19 E., M.D.B. & M., in Washoe County, Nevada, to be conveyed to the State of Nevada in pursuance of chapter XXVII, Statues of Nevada 1887.

      3.  On May 1, 1951, the state board of agriculture, pursuant to chapter 251, Statutes of Nevada 1951, leased the property described in subsection 2 (approximately 80 acres less a described area of 2.904 acres) to Washoe County, Nevada, for 50 years with the express provision that the lessee “recognized the trust imposed by Chapter XXVII, Statutes of Nevada 1887, * * * and agrees to manage, control and properly maintain the said property subject to said trust.”

 


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

ê1997 Statutes of Nevada, Page 2727 (Chapter 561, SB 491)ê

 

County, Nevada, for 50 years with the express provision that the lessee “recognized the trust imposed by Chapter XXVII, Statutes of Nevada 1887, * * * and agrees to manage, control and properly maintain the said property subject to said trust.”

      4.  On August 3, 1971, an amendment made pursuant to chapter 295, Statutes of Nevada 1971, extended the term of the May 1, 1951, lease to March 21, 2050, upon the same terms.

      5.  The limited building expansion capacity of Washoe County coupled with the growth of the county dictate the necessity for providing additional county’s building space within the next 15 years, and the long-term growth envisaged can only be accommodated through the construction of additional facilities in a location that is contiguous to existing facilities and allows sufficient area for planned expansion.

      6.  A portion of the premises leased by the State of Nevada to Washoe County on May 1, 1951, provides an excellent site for the construction of a county building complex, having accessibility to the developing highway transportation system, proximity to the residents of the cities of Reno and Sparks and the availability of free public parking.

      7.  On September 2, 1972, Washoe County executed a lease with the Nevada State Fair, Inc., a nonprofit corporation, by the terms of which the Washoe County fairgrounds were leased to the Nevada State Fair, Inc., for 25 years for a nominal rent for the purpose of conducting the annual Nevada State Fair; that such lease was amended on September 5, 1975, specifically exempting 13.503 acres from the original lease and reserving such parcel for the exclusive use of Washoe County, subject to compatible use by the Nevada State Fair, Inc., on official fair days.

      8.  In addition to its administrative building and senior citizen center constructed on the 13.503 acres subject to the lease executed on September 2, 1972, described above, Washoe County needs a regional emergency operations center, regional dispatch center and additional parking for these and the other facilities at this location and for the reasons stated in subsection 6, construction and operation of a regional emergency operation facility, regional dispatch center and additional parking on a portion of the Washoe County fairgrounds is desirable.

      Sec. 2.  1.  Upon the effective date of this act, the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources, as ex officio State Land Registrar, is directed forthwith to execute an amended lease with Washoe County, Nevada, whereby the real property described in section 3 of this act shall be exempt from any trust imposed by the statutes enumerated in section 1 of this act and shall be made immediately available for use by Washoe County during the term of the existing lease expiring on March 21, 2050, for the purposes of constructing and maintaining thereon a county public building complex.

      2.  The amended lease directed to be executed by subsection 1 shall not affect the term of the lease from the State of Nevada to Washoe County, which term expires, unless otherwise directed by the Legislature, on March 21, 2050; and as provided in subsection 2 of chapter 295, Statutes of Nevada 1951, upon the expiration of the term of the lease on March 21, 2050, the property and all improvements thereon shall revert to the State of Nevada.


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

ê1997 Statutes of Nevada, Page 2728 (Chapter 561, SB 491)ê

 

2050, the property and all improvements thereon shall revert to the State of Nevada.

      Sec. 3.  The real property to be exempt from any trust imposed by the statutes enumerated in section 1 of this act and to be made immediately available for use by Washoe County as specified in section 2 of this act is described as follows:

      All that certain piece or parcel of land situate in the southwest 1/4 of section 1, township 19 north, range 19 east, M.D.M. and being more particularly described as follows:

 

Beginning at the intersection of the east right-of-way line of North Wells Avenue and the north right-of-way line of East Ninth Street in the City of Reno, County of Washoe, State of Nevada, said intersection being the point of beginning; thence North 1°43¢54² East, 779.20 feet along the east right-of-way line of said North Wells Avenue; thence leaving said right-of-way and proceeding South 88°12¢41² east 669.35 feet to a point on the west right-of-way line of Sutro Street; thence south 0°33¢14² west, 690.66 feet along the west right-of-way of Sutro Street to the point of intersection with the north right-of-way line of East Ninth Street; thence along the north right-of-way line of East Ninth Street, north 89°16¢47² west 1272.65 feet to the said point of beginning and containing an area of 21.3 acres more or less.

      Sec. 4.  Chapter 52, Statutes of Nevada 1977, at page 123, is hereby repealed.

      Sec. 5.  This act becomes effective upon passage and approval.

________

 

CHAPTER 562, SB 493

Senate Bill No. 493–Committee on Finance

CHAPTER 562

AN ACT relating to state employees; establishing the maximum allowed salaries for employees in the unclassified service of the state; 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.  The following state officers and employees in the unclassified service of the State of Nevada are entitled to receive annual salaries of not more than the approximate maximum amounts set forth following their specified titles or positions:

                                                                                                                                 Approximate

                                                                                                                                     Annual

Title or Position                                                                                                    Salary

 

      1.  Office of the governor:

                Chief of staff........................................................................................        $89,000

                Deputy chief of staff..........................................................................          50,000


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

ê1997 Statutes of Nevada, Page 2729 (Chapter 562, SB 493)ê

 

                Executive assistant.............................................................................          75,000

                Executive assistant.............................................................................          44,660

                Employee relations officer.................................................................          51,232

                Regulatory analyst.............................................................................          61,078

                Executive assistant (each).................................................................          47,337

                Executive assistant.............................................................................          42,942

                Executive assistant.............................................................................          57,072

                Administrative assistant.................................................................... 41,495

                Secretary to governor (each)............................................................          36,526

                Administrative secretary (each).......................................................          30,013

                Science advisor...................................................................................          91,079

                Assistant to the science advisor......................................................          30,013

                Technical researcher..........................................................................          41,200

                Executive director, nuclear projects.................................................          62,866

                Chief, technical programs, nuclear projects....................................          57,194

                Chief of planning, nuclear projects..................................................          54,151

                Planner, nuclear projects (each).......................................................          48,191

                Planner/researcher, nuclear projects................................................          45,391

      2.  Office of the lieutenant governor:

                Chief of staff........................................................................................        $46,000

                Assistant to the lieutenant governor..............................................          41,000

                Executive secretary.............................................................................          30,013

                Administrative secretary (each).......................................................          27,746

      3.  Office of the secretary of state:

                Chief deputy........................................................................................        $61,847

                Coordinator, corporate filing.............................................................          47,000

                Deputy secretary of state, securities...............................................          61,847

                Deputy secretary of state, elections................................................          45,000

      4.  Office of the state treasurer:

                Chief deputy state treasurer..............................................................        $72,339

                Deputy state treasurer, operations..................................................          64,000

                Deputy state treasurer, investments................................................          64,000

                Deputy state treasurer, cash management......................................          64,000

      5.  Office of controller:

                Chief deputy controller......................................................................        $72,339

                Assistant controller............................................................................          55,000

      6.  Office of the attorney general:

      (a) Attorney general’s office:

                Assistant attorney general................................................................        $90,786

                Solicitor general..................................................................................          86,071

                Assistant solicitor general................................................................          74,807

                Chief deputy attorney general—Las Vegas...................................          86,071

                Chief deputy attorney general (each)..............................................          82,132

                Children’s advocate...........................................................................          74,807

                Senior deputy attorney general (each)............................................          74,807

                Deputy attorney general (each)........................................................          65,141

                Chief, Medicaid fraud unit.................................................................          78,377

                Chief investigator...............................................................................          50,896

                Senior investigator (each).................................................................          45,413


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ê1997 Statutes of Nevada, Page 2730 (Chapter 562, SB 493)ê

 

                Investigator (each).............................................................................          43,078

                Administrative assistant....................................................................          40,399

                Supervisor, office services................................................................          51,904

                Legal researcher (each)......................................................................          29,327

                Legal researcher..................................................................................          34,903

                Senior legal researcher (each)...........................................................          34,561

                Capital case coordinator....................................................................          65,141

                Supervising insurance fraud investigator.......................................          45,413

                Insurance investigator (each)...........................................................          43,078

                Chief workers’ compensation fraud investigator...........................          51,904

                Deputy chief workers’ compensation fraud investigator.............          48,475

                Senior workers’ compensation fraud investigator (each).............          45,413

                Senior computer forensic technician...............................................          26,265

                Computer forensic technician...........................................................          23,948

                Crime prevention coordinator...........................................................          35,908

      (b) Office of advocate for customers of public utilities:

                Consumer’s advocate........................................................................        $78,377

                Staff counsel........................................................................................          74,807

                Assistant staff counsel (each)..........................................................          66,862

                Economist............................................................................................          64,130

                Senior regulatory analyst..................................................................          62,426

                Administrative assistant....................................................................          34,561

                Regulatory analyst.............................................................................          53,544

                Technical staff manager.....................................................................          66,862

                Engineer...............................................................................................          60,235

      (c) Private investigators licensing board:

                Executive director...............................................................................        $46,783

      7.  Department of administration:

                Director.................................................................................................        $90,208

                Deputy budget administrator............................................................          77,250

                Chief assistant budget administrator...............................................          56,828

                Senior appeals officer.........................................................................          82,132

                Appeals officer, hearings (each)......................................................          74,807

                Hearing officer (each).........................................................................          49,632

                Chief assistant, planning...................................................................          59,670

                Director, Clear Creek...........................................................................          40,233

                Chief, financial management, training and controls......................          66,862

                Risk manager.......................................................................................          72,161

                Administrator, motor pool.................................................................          52,935

                Manager, public works board...........................................................          85,000

                Deputy manager, public works board..............................................          69,000

                Deputy manager, public works board..............................................          72,733

      8.  Department of business and industry:

                Director.................................................................................................        $90,208

                Deputy director...................................................................................          51,232

                Commissioner of financial institutions............................................          67,592

                Deputy commissioner, financial institutions (each)......................          57,072

                Certified public accountant, financial institutions.........................          49,528


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ê1997 Statutes of Nevada, Page 2731 (Chapter 562, SB 493)ê

 

                Administrator, manufactured housing............................................          54,293

                Administrator, real estate..................................................................          55,173

                Deputy administrator, real estate.....................................................          45,606

                Administrator, unclaimed property..................................................          50,744

                Chief, consumer services...................................................................          76,777

                Commissioner, consumer affairs.......................................................          53,956

                Administrator, housing......................................................................          64,374

                Deputy administrator, housing.........................................................          53,956

                Chief assistant, housing....................................................................          41,374

                Chief accountant, housing................................................................          51,232

                Commissioner, insurance...................................................................          78,003

                Deputy commissioner, insurance (each).........................................          55,126

                Administrator, office for hospital patients......................................          39,393

                Taxicab administrator.........................................................................          56,438

                Administrator, industrial relations...................................................          73,649

                Assistant administrator, industrial relations..................................          65,104

                Attorney, industrial relations (each)................................................          65,141

                Senior attorney, industrial relations.................................................          74,807

                Assistant administrator, industrial insurance regulation.............          63,036

                Assistant administrator, industrial safety and health enforcement                 ................................................................................................ 59,262

                Assistant administrator, preventative safety.................................          59,262

                Assistant administrator, mine inspection.......................................          55,719

                Attorney for injured workers............................................................          82,132

                Deputy attorney for injured workers...............................................          71,423

                Deputy attorney for injured workers (each)...................................          61,000

                Deputy attorney for injured workers (each)...................................          71,423

                Commissioner, employee-management relations board................          53,908

                Secretary, employee-management relations board........................          27,382

                Administrator, minerals......................................................................          72,434

                Deputy administrator, minerals.........................................................          57,948

                Program assistant, minerals...............................................................          28,394

                Chief for dangerous mines................................................................          47,451

                Chief for (mine) regulation.................................................................          47,451

                Field specialist, minerals (each)........................................................          42,591

                Chief associate, small business........................................................          44,781

                Associate, small business (each).....................................................          40,888

                Executive director, state dairy commission.....................................          56,828

                Administrator, agriculture.................................................................          72,000

                Deputy administrator, agriculture....................................................          40,170

                Chief, agriculture, brand inspection.................................................          49,033

                Chief, agriculture, veterinary services.............................................          80,235

                Chief, agriculture, plant industry......................................................          65,395

                Labor commissioner...........................................................................          52,692

                Deputy labor commissioner..............................................................          34,682

                Chief assistant labor commissioner.................................................          29,569

                Executive director, athletic commission..........................................          59,061

                Chairman, committee on employment of people with disabilities    49,859


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

ê1997 Statutes of Nevada, Page 2732 (Chapter 562, SB 493)ê

 

      9.  State department of conservation and natural resources:

                Director.................................................................................................        $90,208

                Assistant director...............................................................................          51,884

                Administrator, environmental protection........................................          83,577

                State engineer (water resources)......................................................          83,577

                State forester firewarden....................................................................          72,434

                Administrator, state parks.................................................................          69,857

                Administrator, state lands.................................................................          64,547

                District supervisor, water commissioners, water resources.........          50,147

                Executive director, wild horse commission.....................................          40,644

                Administrator, water planning..........................................................          65,166

                Administrator, wildlife........................................................................          71,155

      10.  Commission on economic development:

                Executive director...............................................................................        $79,678

                Deputy director...................................................................................          63,410

                Senior associate, industrial development (each)...........................          53,544

                Associate, industrial development (each)......................................          47,094

                Supervisor, grant projects (each).....................................................          51,112

                Grant project analyst (each)..............................................................          40,888

                Director, film........................................................................................          60,390

                Senior associate, film..........................................................................          53,544

                Associate, film (each).........................................................................          47,094

                Program specialist (each)...................................................................          41,458

      11.  Department of education:

                Superintendent of public instruction...............................................        $90,208

                Deputy superintendent of instruction, research and evaluative services...........................................................................................................    72,319

                Deputy superintendent for administrative and fiscal services....    68,876

      12.  Department of employment, training and rehabilitation:

                Director, employment, training and rehabilitation.........................        $90,208

                Administrator, rehabilitation division..............................................          69,091

                Chief auditor........................................................................................          48,856

                Chief, alcohol and drug abuse..........................................................          59,506

                Chief, services to the blind................................................................          59,506

                Chief, vocational rehabilitation.........................................................          59,506

                Administrator, employment security...............................................          74,273

                Director, state job training office......................................................          55,719

                Executive director, equal rights commission..................................          59,385

                Executive director, commission for national and community services      ................................................................................................ 37,250

      13.  State gaming control board:

                Chairman, gaming control board......................................................      $100,786

                Member, gaming control board (each)............................................          93,715

                Chief, investigation............................................................................          67,647

                Chief, enforcement..............................................................................          67,647

                Chief, audit...........................................................................................          67,647

                Chief, corporate securities.................................................................          67,647


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

ê1997 Statutes of Nevada, Page 2733 (Chapter 562, SB 493)ê

 

                Chief, tax and license..........................................................................    67,647

                Chief, administration..........................................................................    67,647

                Chief deputy, administration.............................................................    61,441

                Executive secretary, gaming commission........................................    61,441

                Manager, electronics lab...................................................................    67,647

                Chief, electronics................................................................................    72,669

                Electronics engineer (each)...............................................................    65,141

                Electronic lab engineer (each)...........................................................    65,141

                Coordinator, application services....................................................    59,704

                Chief deputy, enforcement (each)....................................................    61,441

                Chief deputy, audit (each).................................................................    61,441

                Chief deputy, investigations (each).................................................    61,441

                Chief deputy, corporate securities (each).......................................    61,441

                Senior programmer analyst (each)....................................................    54,273

                Hearings officer (each).......................................................................    55,560

                Administrative coordinator...............................................................    54,614

                Systems programmer (each)..............................................................    59,440

                Supervisor, investigations (each)....................................................    54,614

                Supervisor, enforcement (each)........................................................    54,614

                Supervisor, corporate securities (each)...........................................    54,614

                Supervisor, audit (each).....................................................................    54,614

                Supervisor, tax and license (each)....................................................    54,614

                Supervisor (each)................................................................................    54,614

                Management analyst (each)..............................................................    52,751

                District office manager (each)...........................................................    55,560

                Supervisor, programming..................................................................    62,223

                Senior agent, corporate securities (each)........................................    49,277

                Senior agent, investigation (each)...................................................    49,277

                Training officer....................................................................................    55,560

                Senior agent, audit (each)..................................................................    49,277

                Senior agent, tax and license (each).................................................    49,277

                Electronics specialist (each)..............................................................    47,540

                Senior agent, enforcement (each).....................................................    49,277

                Intelligence analyst (each)................................................................    49,277

                Agent, corporate securities (each)...................................................    43,939

                Agent, audit (each).............................................................................    43,939

                Agent, investigations (each)............................................................    43,939

                Agent, enforcement (each)................................................................    43,939

                Agent, research (each).......................................................................    43,939

                Agent, tax and license (each)............................................................    43,939

                Electronics technician (each)............................................................    42,202

                Legal researcher, gaming (each).......................................................    32,254

                Senior research analyst (each)..........................................................    51,014

                Research specialist.............................................................................    58,959

                Programmer analyst (each)................................................................    49,613

                Special agent (each)...........................................................................    53,040

                Agent (each)........................................................................................    43,939

      14.  Department of human resources:

                Director................................................................................................. $90,592


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

ê1997 Statutes of Nevada, Page 2734 (Chapter 562, SB 493)ê

 

                Deputy director...................................................................................    72,339

                Administrator, health care financing and policy............................    81,120

                Deputy administrator, health care financing and policy...............    71,424

                Deputy administrator, Medicaid.......................................................    71,424

                Administrator, health.........................................................................    74,272

                Medical program coordinator, mental health program.................. 138,700

                Medical program coordinator, statewide mental health services 149,000

                Administrator, mental hygiene and mental retardation.................    88,000

                Deputy administrator, mental hygiene and mental retardation....    74,551

                State welfare administrator................................................................    85,000

                Administrator, child and family services.........................................    76,000

                Deputy administrator, child and family services............................    67,739

                Deputy administrator, child and family services (each)................    64,707

                Administrator, aging services...........................................................    59,627

                Deputy administrator, aging services (Las Vegas)........................    54,029

                Deputy administrator, aging services (Carson City).....................    54,029

                Chief, elder rights................................................................................    51,960

                Superintendent, youth training center............................................    65,000

                Superintendent, Caliente youth center............................................    62,845

                Executive director, Nevada Indian commission.............................    49,632

      15.  Department of information services:

                Director................................................................................................. $90,208

                Chief, systems and programming.....................................................    75,021

                Chief, facility management................................................................    75,021

      16.  Office of the military:

                Adjutant general................................................................................. $76,664

      17.  Department of motor vehicles and public safety:

                Director................................................................................................. $90,208

                Deputy director—Public safety........................................................    85,697

                Deputy director (each).......................................................................    75,555

                Chief parole and probation officer...................................................    70,657

                Chairman, board of parole commissioners......................................    65,000

                Parole board member (each)..............................................................    60,000

                Secretary to parole board..................................................................    43,503

                Nevada commissioner for veteran affairs........................................    45,500

                Nevada deputy commissioner for veteran affairs..........................    41,000

                Chief, emergency management.........................................................    55,173

                State fire marshal.................................................................................    61,087

      18.  Department of museums, library and arts:

                Director................................................................................................. $75,777

                Administrator, museums and history..............................................    64,402

      19.  Department of personnel:

                Director................................................................................................. $75,777

                Equal employment opportunity officer............................................    52,105

      20.  Department of prisons:

                Director................................................................................................. $90,208


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

ê1997 Statutes of Nevada, Page 2735 (Chapter 562, SB 493)ê

 

                Medical director.................................................................................. 140,000

                Mental health coordinator................................................................. 138,700

      21.  Office of the state public defender:

                State public defender......................................................................... $82,132

                Supervising public defender (office)...............................................    74,807

                Supervising public defender (trial)...................................................    71,423

                Supervising public defender (appeals)............................................    71,423

                Deputy public defender (each).........................................................    61,000

                Deputy public defender, appellate (each).......................................    61,000

                Investigator (each).............................................................................    43,078

      22.  Public service commission of Nevada:

                Chairman.............................................................................................. $83,577

                Public service commissioner (each).................................................    78,367

                Deputy commissioner........................................................................    64,739

                Senior financial analyst (each)..........................................................    58,653

                Financial analyst (each).....................................................................    59,751

                Utility operations and rate specialist (each)...................................    62,792

                Staff counsel........................................................................................    78,377

                Assistant staff counsel (each)..........................................................    74,807

                Director, consumer complaint resolution........................................    52,026

                Public education and statistical analyst (each)..............................    48,919

                Administrative attorney (each).........................................................    45,473

                Administrative attorney (each).........................................................    44,557

                Utility rate and tariff specialist (each)..............................................    47,701

                Manager, engineering services........................................................    69,649

                Manager, regulatory policy...............................................................    72,000

                Engineer, water....................................................................................    59,751

                Engineer, electric.................................................................................    62,792

                Senior engineer, electric.....................................................................    62,792

                Senior gas pipeline engineer.............................................................    63,037

                Engineer, gas pipeline........................................................................    59,751

                Senior engineering analyst (each)....................................................    53,544

                Manager, financial analysis..............................................................    69,649

                Director regulatory operations.........................................................    77,000

                Manager, rates and tariffs.................................................................    64,347

                Chief transportation inspector (each)..............................................    56,632

                Manager, transportation....................................................................    63,036

                Specialist, rates and tariffs................................................................    51,596

                Senior analyst (each)..........................................................................    53,544

                Manager, consumer complaint resolution......................................    48,310

                Legal counsel......................................................................................    78,377

                Secretary of policy..............................................................................    64,739

                Assistant legal counsel (each).........................................................    74,807

                Economist (each)................................................................................    64,130

                Supervising economist......................................................................    64,739

                Resource planning engineer.............................................................    59,751

                Assistant general counsel.................................................................    66,862

                Financial specialist.............................................................................    59,751

                Systems supervisor............................................................................    59,751


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

ê1997 Statutes of Nevada, Page 2736 (Chapter 562, SB 493)ê

 

                Assistant secretary............................................................................    51,110

                Legal case manager............................................................................    41,789

      23.  Department of taxation:

                Executive director............................................................................... $90,208

                Deputy executive director (each).....................................................    64,707

      24.  Commission on tourism:

                Executive director............................................................................... $79,678

                Public information officer..................................................................    58,504

                Business manager...............................................................................    51,904

                Development specialist, tourism (each)..........................................    53,299

                Project analyst, tourism.....................................................................    40,888

                Development specialist, Nevada Magazine....................................    47,216

                Editor publisher, Nevada Magazine.................................................    64,496

                Associate editor..................................................................................    35,410

                Managing editor, publications.........................................................    49,577

                Market and promotion manager, publications...............................    35,410

                Production manager...........................................................................    39,963

                Art director..........................................................................................    42,226

                Advertising sales representative.....................................................    26,745

      25.  Department of transportation:

                Director................................................................................................. $90,208

                Deputy director...................................................................................    85,408

                Hearings officer...................................................................................    53,544

      26.  Supreme court:

                Supervisory staff attorney (each).................................................... $90,786

                Deputy supervisory staff attorney (each)......................................    78,377

                Chief clerk............................................................................................    90,786

                Chief deputy clerk...............................................................................    50,324

                Court administrator.............................................................................    75,747

                Deputy court administrator...............................................................    62,405

                Principal staff attorney.......................................................................    71,423

                Staff attorney (each)...........................................................................    65,141

                Law librarian........................................................................................    67,479

                Senior law clerk (each).......................................................................    42,126

      27.  Colorado River commission:

                Director................................................................................................. $96,436

                Deputy director...................................................................................    84,975

                Special assistant.................................................................................    64,375

      28.  WICHE:

                Director................................................................................................. $54,000

      29.  Commission on Judicial Discipline:

                General counsel................................................................................... ............................................................................................ $102,865

      Sec. 2.  1.  If any unclassified position is omitted from this act for the fiscal years 1997-98 and 1998-99, the department of personnel shall examine the duties and responsibilities of the position and submit to the interim finance committee a list of those duties and responsibilities and a recommended salary for the position. The interim finance committee shall review the duties and responsibilities of the position and establish the salary for the position.


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

ê1997 Statutes of Nevada, Page 2737 (Chapter 562, SB 493)ê

 

      2.  The interim finance committee may establish the title and salary for any positions affected by reorganization pursuant to legislation enacted by the 69th session of the Nevada Legislature.

      Sec. 3.  The approximate maximum salaries as set forth in sections 1 and 2 of this act shall be increased by three percent effective July 1, 1998.

      Sec. 4.  1.  There is hereby appropriated from the state general fund to the state board of examiners for reimbursement to any department, commission or agency of the State of Nevada, including the judicial branch of government, which receives part or all of its funding from the state general fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of this act and the amount budgeted for that purpose:

For the fiscal year 1997-98.......................................................................... $1,386,450

For the fiscal year 1998-99.......................................................................... $2,542,743

      2.  There is hereby appropriated from the state highway fund to the state board of examiners for reimbursement to a state agency which receives part or all of its funding from the state highway fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of this act and the amount budgeted for that purpose:

For the fiscal year 1997-98............................................................................. $121,917

For the fiscal year 1998-99............................................................................. $197,445

      Sec. 5.  There is hereby appropriated from the state general fund to the state board of examiners the sum of $180,164 for fiscal year 1998-99 to provide an approximate one percent salary increase effective July 1, 1998, to the staff of the state gaming control board, except members of the gaming control board, which is in addition to the approximate maximum salaries set forth in subsection 13 of section 1 and section 3 of this act.

      Sec. 6.  1.  The state gaming control board may adopt a plan to authorize additional payments of up to $5,000 annually for unclassified employees who possess a current Nevada Certified Public Accountant Certificate, a license to practice law in the State of Nevada or any other state, or possess a Bachelor of Science or higher degree in engineering or electronic engineering and utilize, in the opinion of the board, the skills evidenced by these qualifications to further enhance the performance of their job duties and responsibilities.

      2.  There is hereby appropriated from the state general fund to the state board of examiners the sum of $170,500 for the fiscal year 1997-98 and $177,500 for the fiscal year 1998-99 for the additional cost of subsection 1 of this section.

      Sec. 7.  The money appropriated for fiscal years 1997-98 and 1998-99, in sections 4, 5 and 6 of this act is available for both fiscal years 1997-98 and 1998-99, and may be transferred from one fiscal year to the other with the approval of the governor upon recommendation of the chief of the budget division of the department of administration. Any balance of that money must not be committed for expenditure after June 30, 1999, and reverts to the fund from which it was appropriated as soon as all payments of money committed have been made.

      Sec. 8.  This act becomes effective on July 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 2738ê

 

CHAPTER 563, SB 495

Senate Bill No. 495–Committee on Finance

CHAPTER 563

AN ACT relating to juveniles; authorizing the director of the department of administration to enter into a contract to finance, acquire and construct a correctional facility for juveniles; 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.  As used in this act, unless the context otherwise requires, the words and terms defined in sections 2 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 2.  “Contractor” means a person who has entered into a contract with the department pursuant to the provisions of section 7 of this act.

      Sec. 3.  “Correctional services” includes the following functions, services and activities when provided with regard to the facility:

      1.  The operation of the facility, including management, custody of juveniles and security;

      2.  Services for food, medical attention, transportation and sanitation, a commissary and other ancillary services;

      3.  The development and implementation of systems for classification, management and information and other similar services;

      4.  Education, training and programs for employment;

      5.  Counseling, treatment programs and other similar programs; and

      6.  Physical education and recreational activities.

      Sec. 4.  “Department” means the department of administration.

      Sec. 5.  “Director” means the director of the department.

      Sec. 6.  “Facility” means a facility to provide correctional services to juveniles that is financed, acquired, constructed and operated pursuant to the provisions of this act, including:

      1.  Any improvement;

      2.  Any preliminary plan, study or survey related to the plan;

      3.  The land or the right to the land; and

      4.  Any furnishings, machines, vehicles, apparatus or equipment used in connection with the facility.

      Sec. 7.  1.  The director may, to the extent of legislative appropriations and authorizations, enter into a single contract to finance, acquire and construct the facility. The contract may include a provision that requires the contractor to provide correctional services for the facility. The provisions of this subsection do not prohibit the department or any other state agency from providing correctional services for the facility.

      2.  The contract may include an assignable lease or installment purchase agreement for the facility. The lease or agreement constitutes a debt of the State of Nevada in an amount determined by the state board of examiners not exceeding $20,000,000.

      3.  Money for the payment of the debt incurred pursuant to this section will be provided for in the annual tax imposed for the payment of the obligations of the State of Nevada from the consolidated bond interest and redemption fund or by other legislative act.


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

ê1997 Statutes of Nevada, Page 2739 (Chapter 563, SB 495)ê

 

obligations of the State of Nevada from the consolidated bond interest and redemption fund or by other legislative act. The provisions of NRS 349.238 to 349.248, inclusive, apply to the payment of the debt. Any interest on the debt must be paid at least semiannually and the principal must be paid within 20 years after the date the contract is approved by the state board of examiners.

      4.  Except for debt incurred as provided in subsection 1, all payments of money required by the contract authorized pursuant to the provisions of subsection 1 must be subject to biennial appropriation by the legislature and must not be due and payable unless an appropriation is made.

      5.  The department may request that proposals for correctional services be submitted and must specify the requirements for the proposal.

      6.  A proposal submitted to the department must:

      (a) Meet the requirements specified in the request; and

      (b) Set a fixed price for the services offered.

      7.  The contract to finance, acquire and construct the facility is exempt from the provisions relating to bids set forth in NRS 341.145 to 341.151, inclusive.

      Sec. 8.  The department may not enter into a contract that includes provisions for correctional services unless the contractor provides:

      1.  Evidence of his qualifications, experience and ability to comply with applicable court orders and correctional standards for juveniles.

      2.  A plan of indemnification for liability, including indemnity for civil rights claims. The plan must protect the state from all claims and losses incurred as a result of the contract. The provisions of this subsection do not deprive the contractor or the state of the benefits of any law that limits its exposure to liability for damages.

      3.  Evidence of past performance of similar contracts, including audited financial statements for the past 5 years, and other financial information as requested by the department.

      4.  Management personnel necessary to carry out the terms of the contract.

      Sec. 9.  The contract entered into pursuant to the provisions of this act:

      1.  May be entered into for not more than 20 years.

      2.  Must provide:

      (a) Internal and perimeter security to protect the public, employees and juveniles at the facility that is approved by the department.

      (b) Discipline for juveniles at the facility in accordance with applicable standards and procedures that comply with the standards and procedures of the department.

      (c) Food, clothing, housing and medical care for juveniles at the facility.

      Sec. 10.  The director of the department shall request a supplemental appropriation in the budget of the department submitted to the 70th session of the Nevada legislature for any necessary funding relating to the operation of the facility, if the facility is completed before July 1, 1999.

      Sec. 11.  This act becomes effective upon passage and approval.

________

 


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

ê1997 Statutes of Nevada, Page 2740ê

 

CHAPTER 564, SB 496

Senate Bill No. 496–Committee on Finance

CHAPTER 564

AN ACT relating to state employees; establishing a maximum allowed salary for certain employees in the unclassified service of the 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.  Notwithstanding the provisions of section 1 of Senate Bill No. 493 of this session, the following state employees in the unclassified service of the State of Nevada are entitled to receive annual salaries of not more than the approximate maximum amounts set forth following their specified titles or positions:

      1.  Office of the Governor:

                   Office Manager........................................................................................... $40,286

      2.  Office of the Attorney General:

                   Senior Computer Forensic Technician.................................................... $34,000

                   Computer Forensic Technician.................................................................. 31,000

      3.  State Department of Conservation and Natural Resources:

                   Assistant Director...................................................................................... $71,423

      4.  Department of Motor Vehicles and Public Safety:

                   Chairman, Board of Parole Commissioners............................................. $75,555

      Sec. 2.  The provisions of sections 2 to 7, inclusive, of Senate Bill No. 493 of this session apply to the provisions of section 1 of this act as if those provisions were contained in section 1 of Senate Bill No. 493 of this session.

      Sec. 3.  This act becomes effective on July 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 2741ê

 

CHAPTER 565, AB 508

Assembly Bill No. 508–Committee on Government Affairs

CHAPTER 565

AN ACT relating to local governmental financial administration; requiring a city or county that imposes certain fees upon a public utility to provide to the public utility information concerning the identification of its customers; requiring a public utility to pay certain fees in legal tender of the United States; prohibiting a public utility from collecting certain delinquent fees from its customers; authorizing a city or county to provide by ordinance that certain fees imposed on a public utility may be collected from a governmental entity of the state if that entity is a customer of the public utility; prohibiting certain local governments from selling telecommunications service or the services of a community antenna television system to the general public; limiting the authority of certain local governments to purchase or construct facilities for providing telecommunications; limiting the authority of certain local governments to impose terms and conditions on franchises for the provision of telecommunications service, interactive computer service or the services of a community antenna television system; 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 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 8, inclusive, of this act.

      Sec. 1.5.  “Community antenna television company” has the meaning ascribed to it in NRS 711.030.

      Sec. 2.  “Customer” does not include any customer of a provider of a telecommunication service other than a retail customer.

      Sec. 3.  “Delinquent amount” means any portion of a fee collected from a customer by a public utility that is not paid to the city or county by the public utility within 30 days after the last day of the quarter in which the fee is due.

      Sec. 4.  “Fee” means a charge imposed by a city or county upon a public utility for a business license, franchise or right of way over streets or other public areas, except:

      1.  Any charge paid pursuant to the provisions of NRS 709.110, 709.230 or 709.270; or

      2.  A term or condition of a franchise granted by:

      (a) A county whose population is 400,000 or more, or by an incorporated city that is located in whole or in part within such a county, that requires a community antenna television company to provide channels for public, educational or governmental access.

      (b) A county or an incorporated city not specified in paragraph (a) that requires a community antenna television company to provide channels, facilities or equipment for public, educational or governmental access.

      Sec. 5.  “Jurisdiction” means:

      1.  In the case of a city, the corporate limits of the city.

      2.  In the case of a county, the unincorporated area of the county.


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

ê1997 Statutes of Nevada, Page 2742 (Chapter 565, AB 508)ê

 

      Sec. 6.  “Personal wireless service” has the meaning ascribed to it in 47 U.S.C. § 332(c)(7)(C) as that provision exists on the effective date of this act.

      Sec. 7.  “Public utility” includes:

      1.  A person or local government that:

      (a) Provides electric energy or gas, whether or not the person or local government is subject to regulation by the public service commission of Nevada;

      (b) Is a telecommunication carrier as that term is defined in 47 U.S.C. § 153 on the effective date of this act, if the person or local government holds a certificate of public convenience and necessity issued by the public service commission of Nevada and derives intrastate revenue from the provision of telecommunication service to retail customers; or

      (c) Sells or resells personal wireless services.

      2.  A community antenna television company as that term is defined in NRS 711.030.

      Sec. 8.  “Revenue” does not include:

      1.  Any proceeds from the interstate sale of natural gas to a provider of electric energy that holds a certificate of public convenience and necessity issued by the public service commission of Nevada;

      2.  Any revenue of a provider of a telecommunication service other than intrastate revenue that the provider collects from retail customers; or

      3.  The amount deducted from the gross revenue of a community antenna television company pursuant to paragraph (b) of subsection 2 of NRS 711.200.

      Sec. 9.  NRS 354.59881 is hereby amended to read as follows:

      354.59881  As used in NRS 354.59881 to 354.59889, inclusive, unless the context otherwise requires [:

      1.  “Customer” does not include any customer of a provider of a telecommunication service other than a retail customer.

      2.  “Fee” means a charge imposed upon a public utility for a business license, a franchise or a right of way over streets or other public areas, except any paid pursuant to the provisions of NRS 709.110, 709.230 or 709.270.

      3.  “Jurisdiction” means:

      (a) In the case of a city, the corporate limits of the city.

      (b) In the case of a county, the unincorporated area of the county.

      4.  “Public utility” means a person or local government that provides:

      (a) Electric energy or gas, whether or not the person or local government is subject to regulation by the public service commission of Nevada;

      (b) A telecommunication service, if the person or local government holds a certificate of public convenience and necessity issued by the public service commission of Nevada and derives intrastate revenue from the provision of that service to retail customers; or

      (c) A commercial mobile radio service as that term is defined in 47 C.F.R. § 20.3 on July 5, 1995.

      5.  “Revenue” does not include:


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

ê1997 Statutes of Nevada, Page 2743 (Chapter 565, AB 508)ê

 

      (a) Any proceeds from the interstate sale of natural gas to a provider of electric energy which holds a certificate of public convenience and necessity issued by the public service commission of Nevada.

      (b) Any revenue of a provider of a telecommunication service other than intrastate revenue.] , the words and terms defined in sections 1.5 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 10.  NRS 354.59883 is hereby amended to read as follows:

      354.59883  A city or county shall not adopt an ordinance imposing or increasing a fee:

      1.  If that ordinance would alter the terms of any existing franchise agreement between the city or county and a public utility.

      2.  That applies to any public utility which does not derive revenue from customers located within the jurisdiction of the city or county.

      3.  If, after the adoption of the ordinance:

      (a) Any part of a fee to which the ordinance applies will be based upon any revenue of a public utility other than its revenue from customers located within the jurisdiction of the city or county.

      (b) The total amount of all fees the city or county imposes upon a public utility to which the ordinance applies will exceed:

             (1) Except as otherwise provided in subparagraph (2), 5 percent of the utility’s gross revenue from customers located within the jurisdiction of the city or county.

             (2) For a public utility that [provides a commercial mobile radio service,] sells or resells personal wireless services, 5 percent of its gross revenue from the first $15 charged monthly for each line of access for each of its customers who has a billing address located within the jurisdiction of the city or county. [For the purposes of this subparagraph, “commercial mobile radio service” has the meaning ascribed to it in Part 20 of Title 47 of the Code of Federal Regulations.]

      Sec. 11.  NRS 354.59885 is hereby amended to read as follows:

      354.59885  If a city or county adopts an ordinance imposing or increasing a fee:

      1.  Each public utility to which the ordinance applies or which intends to derive revenue from customers located within the jurisdiction of the city or county shall, not later than 60 calendar days after the effective date of the ordinance or 30 calendar days before the public utility begins to provide electric energy, gas or a telecommunication service to those customers, whichever occurs later, provide to the city or county:

      (a) An acknowledgment that the public utility is operating or intends to operate within the jurisdiction of that city or county; and

      (b) The date when the public utility began or intends to begin to derive revenue from customers located within the jurisdiction of the city or county.

      2.  In addition to the requirements of subsection 1, each public utility to which the ordinance applies shall, not later than 30 calendar days after the end of each calendar quarter, provide to the city or county a statement of the amount of revenue the public utility derived during that calendar quarter from the sale of electric energy, gas or a telecommunication service to each of its customers located within the jurisdiction of that city or county.


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

ê1997 Statutes of Nevada, Page 2744 (Chapter 565, AB 508)ê

 

      3.  The city or county shall, at no charge, provide to each public utility to which the ordinance applies any information that is necessary to identify each customer that is affected by the fee imposed or increased by the city or county, including the address of each customer. If the public utility requests the city or county to provide the information in a specific form, the city or county may charge a fee for the cost of providing the information in that form.

      4.  Upon receipt of the information that the city or county is required to provide pursuant to the provisions of subsection 3, the public utility may indicate on the bills that it sends to its customers the fee that is imposed or increased by the city or county.

      5.  A public utility that indicates the fee on the bills it sends to its customers pursuant to the provisions of subsection 4:

      (a) Shall be deemed to have complied with the provisions of this section and NRS 354.59887; and

      (b) Is not liable to the city or county for any damages for the failure to comply with the provisions of this section and NRS 354.59887,

if it reasonably relies upon the information that it receives from the city or county pursuant to the provisions of subsection 3.

      Sec. 12.  NRS 354.59887 is hereby amended to read as follows:

      354.59887  If a city or county adopts an ordinance imposing or increasing a fee:

      1.  The entire amount of any fee to which the ordinance applies must be [imposed] :

      (a) Imposed at the same rate upon each public utility that provides similar services within the jurisdiction of the city or county [.] ; and

      (b) Paid by the public utility to the city or county in legal tender of the United States or in a check, draft or note that is payable in legal tender of the United States.

      2.  The city or county:

      (a)Shall require [the quarterly payment of all fees imposed upon] each public utility to which the ordinance applies [.] to pay quarterly the fees imposed upon it that it has collected from its customers.

      (b) May, to the extent it determines that it is impracticable to collect from a public utility to which the ordinance applies any of the fees [it imposes] imposed upon the public utility, collect any of those fees directly from the customers of the public utility located within the jurisdiction of the city or county in proportion to the amount of revenue the public utility derives from each of those customers.

      (c) May, except as otherwise provided in this paragraph, assess combined penalties and interest of not more than 2 percent per month of the delinquent amount of any fee to which the ordinance applies. If a city annexes any land, it may not assess any penalties or interest pursuant to this paragraph regarding any fee imposed for the operation of a public utility within the annexed land during any period:

             (1) Before the effective date of the annexation; or

             (2) More than 30 days before the city provides the public utility with notice of the annexation,

whichever occurs later.


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

ê1997 Statutes of Nevada, Page 2745 (Chapter 565, AB 508)ê

 

      (d) May provide, by ordinance, that the fees imposed upon the public utility may be collected from a governmental entity of the state if that entity is a customer of the public utility.

      3.  A public utility to which the ordinance applies shall, except for any fees collected by the city or county pursuant to paragraph (b) of subsection 2, collect the aggregate of all its fees imposed by the city or county directly from its customers located within the jurisdiction of the city or county in proportion to the amount of revenue the public utility derives from each of those customers. The fees may be shown on a customer’s bill individually or collectively.

      4.  A public utility to which the ordinance applies shall not collect from a customer any penalties or interest assessed pursuant to paragraph (c) of subsection 2.

      Sec. 13.  NRS 354.59889 is hereby amended to read as follows:

      354.59889  Except as otherwise provided by agreement with all the affected public utilities:

      1.  A city or county shall not change any of its fees except through the adoption of an ordinance which provides that the change does not become effective until at least [60 days after the effective date of the ordinance.] 90 days after the city or county complies with the provisions of subsection 3 of NRS 354.59885.

      2.  The cumulative amount of any increases in fees imposed by a city or county during any period of 24 months must not exceed 1 percent of the gross revenue of any public utility to which the increase applies from customers located within the jurisdiction of that city or county.

      Sec. 14.  Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 and 16 of this act.

      Sec. 15.  1.  The governing body of an incorporated city whose population is 25,000 or more:

      (a) Shall not sell telecommunications service to the general public.

      (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

      2.  Any information relating to the study conducted pursuant to subsection 1 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

      3.  Notwithstanding the provisions of paragraph (a) of subsection 1, an airport may sell telecommunications service to the general public.

      4.  As used in this section:

      (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.

      (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

      Sec. 16.  The governing body of an incorporated city whose population is 25,000 or more shall not:


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

ê1997 Statutes of Nevada, Page 2746 (Chapter 565, AB 508)ê

 

      1.  Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

      2.  Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.

      3.  Require a person who holds a franchise for the provision of telecommunications service to place its facilities in ducts or conduits or on poles owned or leased by the city.

      4.  As used in this section:

      (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

      (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

      Sec. 17.  NRS 268.730 is hereby amended to read as follows:

      268.730  [Any] Except as otherwise provided in sections 15 and 16 of this act, any governing body of a municipality, upon its behalf and in its name, may at any time or from time to time acquire, improve, equip, operate and maintain, within or without or both within and without the municipality:

      1.  A building project;

      2.  A cemetery project;

      3.  A communications project;

      4.  A drainage project or flood control project;

      5.  An electric project;

      6.  A fire protection project;

      7.  An offstreet parking project;

      8.  An overpass project;

      9.  A park project;

      10.  A recreational project;

      11.  A refuse project;

      12.  A sewerage project;

      13.  A sidewalk project;

      14.  A street project;

      15.  A transportation project;

      16.  An underpass project; and

      17.  A water project.

      Sec. 18.  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.


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

ê1997 Statutes of Nevada, Page 2747 (Chapter 565, AB 508)ê

 

highways of the county, when the applicant complies with the terms and provisions of NRS 709.050 to 709.170, inclusive.

      2.  The board of county commissioners shall not:

      (a) Impose any terms or conditions on a franchise granted pursuant to subsection 1 for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

      (b) Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.

      3.  As used in NRS 709.050 to 709.170, inclusive [, “street railway”] :

      (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

      (b) “Street railway” means:

             [(a)] (1) A system of public transportation operating over fixed rails on the surface of the ground;

             [(b)] (2) A monorail; or

             [(c)] (3) Any other overhead or underground system used for public transportation.

The term does not include a super speed ground transportation system as defined in NRS 705.4292.

      (c) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

      Sec. 19.  NRS 709.090 is hereby amended to read as follows:

      709.090  If, upon full consideration of all the facts, the board of county commissioners determines that the granting of the franchise is in the best interests of the residents of the county, the board shall , except as otherwise provided in subsection 2 of NRS 709.050, fix the terms and prescribe the conditions [under] pursuant to which the franchise is to be granted, the character or kinds of service to be rendered, the maximum rates to be charged for the service, and such other matters as may be properly connected therewith, and shall thereupon grant the franchise subject to such terms and conditions.

      Sec. 20.  NRS 709.130 is hereby amended to read as follows:

      709.130  1.  Every person, company, corporation or association receiving a franchise [under] pursuant to the provisions of NRS 709.050 to 709.170, inclusive, shall:

      (a) Provide a plant with all necessary appurtenances of approved construction for the full performance of his [, her, their or its] franchise duties, rights and obligations, and for the needs, comfort and convenience of the inhabitants of the various unincorporated towns and cities, county or place to which [such] his franchise relates.

      (b) Keep [such] the plants and appurtenances, including all tracks, cars, poles, wires, pipes, mains and other attachments, in good repair, so as not to interfere with the passage of persons or vehicles, or the safety of persons or property.


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ê1997 Statutes of Nevada, Page 2748 (Chapter 565, AB 508)ê

 

      2.  [The] Except as otherwise provided in this subsection, the board of county commissioners [shall,] may when granting such franchise, [have authority to so] fix and direct the location of all tracks, poles, wires, mains, pipes and other appurtenances upon the public streets, alleys, avenues and highways as best to serve the convenience of the public. The board [shall also have authority to] may change the location of any [such] appurtenances and permit, upon proper showing, all necessary extensions thereof when the interest or convenience of the public [shall so require.] requires. The board shall not require a company that provides telecommunications service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the county.

      3.  All poles, except poles from which trolley wires are suspended for streetcar lines, from which wires are suspended for electric railroads, power, light or heating purposes within the boundaries of unincorporated towns and over public highways [shall] must not be less than 30 feet in height, and the wires strung thereon [shall] must not be less than 25 feet above the ground.

      4.  Every person, company, association or corporation operating a telephone, telegraph or electric light, heat or power line, or any electric railway line, shall, with due diligence, provide itself, at its own expense, a competent electrician to cut, repair and replace wires in all cases where [such] cutting or repairing or replacing is made necessary by the removal of buildings or other property through the public streets or highways.

      5.  No person, company, corporation or association [shall be granted] may receive an exclusive franchise nor [shall] may any board of county commissioners [have authority to] grant a franchise in such manner or under such terms or conditions as to hinder or obstruct the granting of franchises to other grantees, or in such manner as to obstruct or impede reasonable competition in any business or public service to which NRS 709.050 to 709.170, inclusive, apply.

      Sec. 21.  Chapter 710 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The governing body of a county whose population is 35,000 or more:

      (a) Shall not sell telecommunications service to the general public.

      (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

      2.  Any information relating to the study conducted pursuant to subsection 1 must be maintained by the county clerk and made available for public inspection during the business hours of the office of the county clerk.

      3.  Notwithstanding the provisions of paragraph (a) of subsection 1, an airport may sell telecommunications service to the general public.

      4.  As used in this section:

      (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.


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ê1997 Statutes of Nevada, Page 2749 (Chapter 565, AB 508)ê

 

      (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

      Sec. 22.  Chapter 711 of NRS is hereby amended by adding thereto a new section to read as follows:

      Except as otherwise provided in NRS 318.1192, 318.1193 and 318.1194:

      1.  The governing body of a county whose population is 35,000 or more shall not sell the services of a community antenna television system to the general public.

      2.  The governing body of a city whose population is 25,000 or more shall not sell the services of a community antenna television system to the general public.

      Sec. 23.  NRS 711.190 is hereby amended to read as follows:

      711.190  1.  Except as otherwise provided in NRS 318.1194:

      [1.] (a) A city council may grant a franchise to a community antenna television company for the construction, maintenance and operation of a community antenna television system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.

      [2.] (b) A county may grant a franchise to a community antenna television company for the construction, maintenance and operation of a community antenna television system which requires the use of the property of the county or any town in the county or that portion of the county or town dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.

      2.  If a local government grants a franchise to two or more community antenna television companies to construct, maintain or operate a community antenna television system in the same area, the local government shall impose the same terms and conditions on each franchise.

      3.  A community antenna television company that is granted a franchise pursuant to this section may provide telecommunications service or interactive computer service without obtaining a separate franchise from the local government.

      4.  A local government that grants a franchise pursuant to this section shall not require the community antenna television company to place its facilities in ducts or conduits or on poles owned or leased by the local government.

      5.  If a county whose population is 400,000 or more, or an incorporated city located in whole or in part within such a county, grants a franchise pursuant to this section, the term of the franchise must be at least 10 years. If a franchisee notifies such a county or city on or before the end of the eighth year of a franchise that it wishes to extend the franchise, the county or city shall, on or before the end of the ninth year of the franchise, grant an extension of 5 years on the same terms and conditions, unless the franchisee has not substantially complied with the terms and conditions of the franchise agreement.

      6.  As used in this section:


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ê1997 Statutes of Nevada, Page 2750 (Chapter 565, AB 508)ê

 

      (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

      (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

      Sec. 24.  The charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 287, is hereby amended by adding thereto a new section to be designated as section 2.272, immediately following section 2.270, to read as follows:

       Sec. 2.272  Franchises for the provision of telecommunications service.  The board shall not:

       1.  Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

       2.  Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.

       3.  Require a person who holds a franchise for the provision of telecommunications service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the city.

       4.  As used in this section:

       (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

       (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

      Sec. 25.  Section 2.270 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 532, Statutes of Nevada 1971, at page 1112, is hereby amended to read as follows:

       Sec. 2.270  Power of board: Provision of utilities.  [The]

       1.  Except as otherwise provided in subsection 2 and section 2.275, the board may:

       [1.] (a) Provide, by contract, franchise or public enterprise, for any utility to be furnished to Carson City or the residents thereof.

       [2.] (b) Provide for the construction of any facility necessary for the provision of such utilities.

       [3.] (c) Fix the rate to be paid for any utility provided by public enterprise.

       [4.] (d) Provide that any public utility be authorized, for any purpose or object whatever, to install, operate or use within the city mechanical watermeters, or similar mechanical devices, to measure the quantity of water delivered to water users.

       2.  The board:

       (a) Shall not sell telecommunications service to the general public.


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ê1997 Statutes of Nevada, Page 2751 (Chapter 565, AB 508)ê

 

       (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

       3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the clerk and made available for public inspection during the business hours of the office of the clerk.

       4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

       5.  As used in this section:

       (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.

       (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

      Sec. 26.  Section 6.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 425, Statutes of Nevada 1983, at page 1059, is hereby amended to read as follows:

       Sec. 6.010  Local improvement law.  [The] Except as otherwise provided in subsection 2 of section 2.270 and section 24 of this act, the board may acquire, improve, equip, operate and maintain, convert to or authorize:

       1.  Curb and gutter projects;

       2.  Drainage projects;

       3.  Offstreet parking projects;

       4.  Overpass projects;

       5.  Park projects;

       6.  Sanitary sewer projects;

       7.  Security walls;

       8.  Sidewalk projects;

       9.  Storm sewer projects;

       10.  Street projects;

       11.  Underground electric and communication facilities;

       12.  Underpass projects; and

       13.  Water projects.

      Sec. 27.  Section 7.020 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 308, is hereby amended to read as follows:

       Sec. 7.020  Acquisition, operation of municipal utilities, facilities and franchises.  Except as otherwise provided in subsection 2 of section 2.270 and section 24 of this act, Carson City may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities and counties, grant franchises and acquire in any manner any public utility, airport, municipal hall, cemetery, fire station or other public building, park, recreation center and necessary equipment for municipal departments (such acquisitions hereafter sometimes referred to in this article as “facilities” or “projects”), and hold, manage and operate them either alone or jointly with any level of government or instrumentality or subdivision thereof.


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ê1997 Statutes of Nevada, Page 2752 (Chapter 565, AB 508)ê

 

cemetery, fire station or other public building, park, recreation center and necessary equipment for municipal departments (such acquisitions hereafter sometimes referred to in this article as “facilities” or “projects”), and hold, manage and operate them either alone or jointly with any level of government or instrumentality or subdivision thereof.

      Sec. 28.  The charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 402, is hereby amended by adding thereto a new section to be designated as section 2.285, immediately following section 2.280, to read as follows:

       Sec. 2.285  Franchises for the provision of telecommunications service.  The city council shall not:

       1.  Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

       2.  Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.

       3.  Require a person who holds a franchise for the provision of telecommunications service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the city.

       4.  As used in this section:

       (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

       (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

      Sec. 29.  Section 2.280 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 410, is hereby amended to read as follows:

       Sec. 2.280  Powers of city council: Provision of utilities.  [The]

       1.  Except as otherwise provided in subsection 2 and section 2.285, the city council may:

       [1.] (a) Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

       [2.] (b) Provide for the construction of any facility necessary for the provision of such utilities.

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

       (a)] must:


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ê1997 Statutes of Nevada, Page 2753 (Chapter 565, AB 508)ê

 

             (1) Be coequal with the latest lien thereon to secure the payment of general taxes.

             [(b)] (2) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

             [(c)] (3) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

       2.  The city council:

       (a) Shall not sell telecommunications service to the general public.

       (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

       3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

       4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

       5.  As used in this section:

       (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.

       (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

      Sec. 30.  Section 6.010 of the charter of City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 67, Statutes of Nevada 1987, at page 133, is hereby amended to read as follows:

       Sec. 6.010  Local improvement law.  [The] Except as otherwise provided in subsection 2 of section 2.280 and section 2.285, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

       1.  Curb and gutter projects;

       2.  Drainage projects;

       3.  Offstreet parking projects;

       4.  Overpass projects;

       5.  Park projects;

       6.  Sanitary sewer projects;

       7.  Security walls;

       8.  Sidewalk projects;

       9.  Storm sewer projects;

       10.  Street projects;

       11.  Telephone projects;


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ê1997 Statutes of Nevada, Page 2754 (Chapter 565, AB 508)ê

 

       12.  Transportation projects;

       13.  Underground and aboveground electric and communication facilities;

       14.  Underpass projects;

       15.  Water projects;

       16.  Upon petition by a person or business authorized to provide the service, such other utility projects as are deemed necessary by the council; and

       17.  Any combination thereof.

      Sec. 31.  Section 7.020 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 419, is hereby amended to read as follows:

       Sec. 7.020  Acquisition, operation of municipal utilities.  [The] Except as otherwise provided in subsection 2 of section 2.280 and section 2.285, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it either alone or jointly, with any level of government or instrumentality or subdivision thereof.

      Sec. 32.  The charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1391, is hereby amended by adding thereto a new section to be designated as section 2.315, immediately following section 2.310, to read as follows:

       Sec. 2.315  Franchises for the provision of telecommunications service.  The city council shall not:

       1.  Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

       2.  Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.

       3.  Require a person who holds a franchise for the provision of telecommunications service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the city.

       4.  As used in this section:

       (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

       (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.


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ê1997 Statutes of Nevada, Page 2755 (Chapter 565, AB 508)ê

 

      Sec. 33.  Section 2.300 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1403, is hereby amended to read as follows:

       Sec. 2.300  Powers of city council: Provision of utilities.  [The]

       1.  Except as otherwise provided in subsection 2 and section 2.315, the city council may:

       [1.] (a) Provide, by contract, franchise or public ownership or operation, for any utility to be furnished to the residents of the city.

       [2.] (b) Provide for the construction and maintenance of any facility which is necessary for the provision of those utilities.

       [3.] (c) Prescribe, revise and collect rates, fees, tolls and charges, including fees for connection, for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking and no rate, fee, toll or charge for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking may be prescribed, revised, amended, altered, increased or decreased without proceeding as follows:

             [(a)] (1) There must be filed with the city clerk and available for public inspection schedules of all rates, fees, tolls and charges which the city has established and which are in force at that time for any service which is performed or product which is furnished in connection with any utility which is owned or operated by the city.

             [(b)] (2) No change may be made in any of those schedules except upon 30 days’ notice to the inhabitants of the city and the holding of a public hearing with respect to the proposed change. Notice of the proposed change must be given by at least two publications during the 30-day period before the hearing.

             [(c)] (3) At the time which is set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.

             [(d)] (4) Every utility which is owned or operated by the city [must] shall furnish reasonably adequate service and facilities, and the charges which are made for any service which is or will be rendered, or for any service which is connected with or incidental to any service which is or will be rendered, by the city must be just and reasonable.

       [4.] (d) Any rate, fee, toll or charge, including any fee for connection which is due for services, facilities or commodities which are furnished by the city or by any utility which is owned or operated by the city pursuant to this section is a lien upon the property to which the service is rendered. [That lien:

       (a)]The lien:

             (1) Must be perfected by filing with the county recorder of the county a statement by the city clerk in which he states the amount which is due and unpaid and describes the property which is subject to the lien.

             [(b)] (2) Is coequal with the latest lien upon that property to secure the payment of general taxes.


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ê1997 Statutes of Nevada, Page 2756 (Chapter 565, AB 508)ê

 

             [(c)] (3) Is not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

             [(d)] (4) Is prior and superior to all liens, claims, encumbrances and titles, other than the liens of assessments and general taxes.

             [(e)] (5) May be enforced and foreclosed in such manner as may be prescribed by ordinance.

       2.  The city council:

       (a) Shall not sell telecommunications service to the general public.

       (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

       3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

       4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

       5.  As used in this section:

       (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.

       (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

      Sec. 34.  Section 2.310 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 345, Statutes of Nevada 1993, at page 1101, is hereby amended to read as follows:

       Sec. 2.310  Powers of city council: Acquisition or establishment of city utility.

       1.  [The] Except as otherwise provided in subsection 2 of section 2.300 and section 2.315, the city council, on behalf of the city and in its name, may acquire, establish, hold, manage and operate, alone or with any other government or any instrumentality or subdivision of any government, any public utility in the manner which is provided in this section.

       2.  The city council must adopt a resolution which sets forth fully and in detail:

       (a) The public utility which is proposed to be acquired or established.

       (b) The estimated cost of that utility, as shown in a recent report, which has been approved by the city council, of an engineer or consulting firm which had previously been appointed by the city council for that purpose.


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ê1997 Statutes of Nevada, Page 2757 (Chapter 565, AB 508)ê

 

       (c) The proposed bonded indebtedness which must be incurred to acquire or establish that utility, the terms, amount and rate of interest of that indebtedness and the time within which, and the fund from which, that indebtedness is redeemable.

       (d) That a public hearing on the advisability of acquiring the public utility will be held at the first regular meeting of the city council after the final publication of the resolution.

       3.  The resolution must be published in full at least once a week for 4 successive weeks.

       4.  At the first regular meeting of the city council, or any adjournment of that meeting, after the completion of the publication, the city council may, without an election, enact an ordinance for that purpose, which must conform in all respects to the terms and conditions of the resolution, unless, within 30 days after the final publication of the resolution, a petition is filed with the city clerk which has been signed by a number of registered voters of the city which is not less than 15 percent of the registered voters of the city, as shown by the last preceding registration list, who own not less than 10 percent in assessed value of the taxable property within the city, as shown by the last preceding tax list or assessment roll, and which prays for the submission of the question of the enactment of the proposed ordinance at a special election or the next primary or general municipal election or primary or general state election. Upon the filing of that petition, the proposed ordinance may not be enacted or be effective for any purpose unless, at a special election or primary or general municipal election or primary or general state election, a majority of the votes which are cast in that election are cast in favor of the enactment of the ordinance.

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

       6.  If the proposed ordinance is adopted, without an election or as a result of an election, the city council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties which are needed in connection with that public utility.

      Sec. 35.  Section 6.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1417, is hereby amended to read as follows:

       Sec. 6.010  Local improvement law.  [The] Except as otherwise provided in subsection 2 of section 2.300 and section 2.315, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize, in addition to the projects authorized by chapter 271 of NRS:

 


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ê1997 Statutes of Nevada, Page 2758 (Chapter 565, AB 508)ê

 

council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize, in addition to the projects authorized by chapter 271 of NRS:

       1.  Street lighting projects;

       2.  Underground electric and communication facilities; and

       3.  Any combination of those projects.

      Sec. 36.  The charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1210, is hereby amended by adding thereto a new section to be designated as section 2.285, immediately following section 2.280, to read as follows:

       Sec. 2.285  Franchises for the provision of telecommunications service.  The city council shall not:

       1.  Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

       2.  Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.

       3.  Require a person who holds a franchise for the provision of telecommunications service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the city.

       4.  As used in this section:

       (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

       (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

      Sec. 37.  Section 2.280 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 465, Statutes of Nevada 1985, at page 1439, is hereby amended to read as follows:

       Sec. 2.280  Powers of city council: Provision of utilities.

       1.  [The] Except as otherwise provided in subsection 3 and section 2.285, the city council may:

       (a) Provide, by contract, franchise and public enterprise, for any utility to be furnished to the city for residents located either within or without the city.

       (b) Provide for the construction and maintenance of any facilities necessary for the provision of all such utilities.

       (c) Prescribe, revise and collect rates, fees, tolls and charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking. Notwithstanding any provision of this charter to the contrary or in conflict herewith, no rates, fees, tolls or charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking may be prescribed, revised, amended or altered, increased or decreased, without this procedure first being followed:

 


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ê1997 Statutes of Nevada, Page 2759 (Chapter 565, AB 508)ê

 

rates, fees, tolls or charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking may be prescribed, revised, amended or altered, increased or decreased, without this procedure first being followed:

             (1) There must be filed with the city clerk schedules of rates, fees, tolls or charges which must be open to public inspection, showing all rates, fees, tolls or charges which the city has established and which are in force at the time for any service performed or product furnished in connection therewith by any utility controlled and operated by the city.

             (2) No changes may be made in any schedule so filed with the city clerk except upon 30 days’ notice to the inhabitants of the city and a public hearing held thereon. Notice of [such a] the proposed change or changes must be given by at least two publications in a newspaper published in the city during the 30-day period before the hearing thereon.

             (3) At the time set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.

             (4) Every utility operated by the city shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.

       (d) Provide, by ordinance, for an additional charge to each customer within the city to which water is provided by a utility of up to 25 cents per month. If such a charge is provided for, the city council shall, by ordinance, provide for the expenditure of that money for any purpose relating to the beautification of the city.

       2.  Any charges due for services, facilities or commodities furnished by the city or by any utility operated by the city [under] pursuant to this section is a lien upon the property to which the service is rendered and must be perfected by filing with the county recorder of Clark County of a statement by the city clerk stating the amount due and unpaid and describing the property subject to the lien. Each such lien must:

       (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

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

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

       3.  The city council:

       (a) Shall not sell telecommunications service to the general public.

       (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and


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ê1997 Statutes of Nevada, Page 2760 (Chapter 565, AB 508)ê

 

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

       4.  Any information relating to the study conducted pursuant to subsection 3 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

       5.  Notwithstanding the provisions of paragraph (a) of subsection 3, an airport may sell telecommunications service to the general public.

       6.  As used in this section:

       (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.

       (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

      Sec. 38.  Section 6.010 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 875, is hereby amended to read as follows:

       Sec. 6.010  Local improvement law.  [The] Except as otherwise provided in subsection 3 of section 2.280 and section 2.285, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

       1.  Curb and gutter projects;

       2.  Drainage projects;

       3.  Offstreet parking projects;

       4.  Overpass projects;

       5.  Library, park or recreation projects;

       6.  Sanitary sewer projects;

       7.  Security walls;

       8.  Sidewalk projects;

       9.  Storm sewer projects;

       10.  Street projects;

       11.  Underground electric and communication facilities;

       12.  Underpass projects; and

       13.  Water projects.

      Sec. 39.  Section 7.020 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971 at page 1226, is hereby amended to read as follows:

       Sec. 7.020  Acquisition, operation of municipal utilities.  [The] Except as otherwise provided in subsection 3 of section 2.280 and section 2.285, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.


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ê1997 Statutes of Nevada, Page 2761 (Chapter 565, AB 508)ê

 

      Sec. 40.  The charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1962, is hereby amended by adding thereto a new section to be designated as section 2.150, immediately following section 2.140, to read as follows:

       Sec. 2.150  Franchises for the provision of telecommunications service.  The city council shall not:

       1.  Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

       2.  Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.

       3.  Require a person who holds a franchise for the provision of telecommunications service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the city.

       4.  As used in this section:

       (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

       (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

      Sec. 41.  Section 2.140 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 104, Statutes of Nevada 1991, at page 174, is hereby amended to read as follows:

       Sec. 2.140  General powers of city council.  [The]

       1.  Except as otherwise provided in subsection 2 and section 2.150, the city council may:

       [1.] (a) Acquire, control, improve and dispose of any real or personal property for the use of the city, its residents and visitors.

       [2.] (b) Regulate and impose a license tax for revenue upon all businesses, trades and professions.

       [3.] (c) Provide grant franchises for public transportation and utilities.

       [4.] (d) Appropriate money for advertising and publicity and for the support of a municipal band.

       [5.] (e) Enact and enforce any police, fire, traffic, health, sanitary or other measure which does not conflict with the general laws of the State of Nevada.

       [6.] (f) Fix the rate to be paid for any utility service provided by the city as a public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and is perfected by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien.


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ê1997 Statutes of Nevada, Page 2762 (Chapter 565, AB 508)ê

 

amount due and unpaid and describing the property subject to the lien. Any such lien is:

             [(a)] (1) Coequal with the latest lien upon the property to secure the payment of general taxes.

             [(b)] (2) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

             [(c)] (3) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

       2.  The city council:

       (a) Shall not sell telecommunications service to the general public.

       (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

       3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

       4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

       5.  As used in this section:

       (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.

       (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

      Sec. 42.  Section 6.010 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 875, is hereby amended to read as follows:

       Sec. 6.010  Local improvement law.  [The] Except as otherwise provided in subsection 2 of section 2.140 and section 2.150, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

       1.  Curb and gutter projects;

       2.  Drainage projects;

       3.  Offstreet parking projects;

       4.  Overpass projects;

       5.  Park projects;

       6.  Sanitary sewer projects;

       7.  Security walls;

       8.  Sidewalk projects;

       9.  Storm sewer projects;


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ê1997 Statutes of Nevada, Page 2763 (Chapter 565, AB 508)ê

 

       10.  Street projects;

       11.  Underground electric and communication facilities;

       12.  Underpass projects; and

       13.  Water projects.

      Sec. 43.  Section 7.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1980, is hereby amended to read as follows:

       Sec. 7.020  Acquisition, operation of municipal utilities.  [The] Except as otherwise provided in subsection 2 of section 2.140 and section 2.150, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality of subdivision thereof.

      Sec. 44.  The charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 724, is hereby amended by adding thereto a new section to be designated as section 2.115, immediately following section 2.110, to read as follows:

       Sec. 2.115  Franchises for the provision of telecommunications service.  The city council shall not:

       1.  Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

       2.  Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.

       3.  Require a person who holds a franchise for the provision of telecommunications service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the city.

       4.  As used in this section:

       (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

       (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

      Sec. 45.  Section 2.110 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 732, is hereby amended to read as follows:

       Sec. 2.110  Powers of the city council: Provisions for utilities.  [The]

       1.  Except as otherwise provided in subsection 2 and section 2.115, the city council may:

       [1.] (a) Provide by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.


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ê1997 Statutes of Nevada, Page 2764 (Chapter 565, AB 508)ê

 

       [2.] (b) Provide for the construction of any facility necessary for the provisions of such utility.

       [3.] (c) Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and [shall] must be performed by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien [shall:

       (a)] must:

             (1) Be coequal with the latest lien thereon to secure the payment of general taxes.

             [(b)] (2) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

             [(c)] (3) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

       2.  The city council:

       (a) Shall not sell telecommunications service to the general public.

       (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

       3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

       4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

       5.  As used in this section:

       (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.

       (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

      Sec. 46.  Section 6.010 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 450, Statutes of Nevada 1985, at page 1320, is hereby amended to read as follows:

       Sec. 6.010  Local improvement law.  [The] Except as otherwise provided in subsection 2 of section 2.110 and section 2.115, the city council, on behalf of the city, without any election, may acquire, improve, equip, operate and maintain underground facilities for electricity and communication.


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ê1997 Statutes of Nevada, Page 2765 (Chapter 565, AB 508)ê

 

      Sec. 47.  Section 7.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 739, is hereby amended to read as follows:

       Sec. 7.020  Acquisition, operation of municipal utilities.  [The] Except as otherwise provided in subsection 2 of section 2.110 and section 2.115, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

      Sec. 48.  The amendatory provisions of section 11 of this act apply to ordinances adopted after July 1, 1995.

      Sec. 49.  This act becomes effective upon passage and approval.

________

 

CHAPTER 566, AB 504

Assembly Bill No. 504–Committee on Labor and Management

CHAPTER 566

AN ACT relating to industrial insurance; providing for industrial insurance coverage for pupils and teachers participating in the program to provide pupils with the skills to make the transition from school to work and for students who are performing certain types of volunteer work; revising the provisions governing industrial insurance coverage for a person who is an apprentice; 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 616A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any:

      (a) Teacher who, as part of the program to provide pupils with the skills to make the transition from school to work established pursuant to NRS 388.368, works without pay for an employer other than the school district, university or community college with which the teacher is employed, and is not specifically covered by any other provisions of chapters 616A to 616D, inclusive, of NRS, while engaging in that work; or

      (b) Pupil who, as part of the program to provide pupils with the skills to make the transition from school to work established pursuant to NRS 388.368, works without pay for an employer,

shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of that employer at the wage of $900 per month. The teacher or pupil is entitled to the benefits of those chapters when the employer complies with the provisions of those chapters and the regulations adopted pursuant thereto.

      2.  A person who is insured by the system and is deemed to be the employer of a teacher or pupil pursuant to subsection 1 shall:

      (a) Report to the insurer the name of the teacher or pupil and the classification of risk assigned for the teacher or pupil; and


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ê1997 Statutes of Nevada, Page 2766 (Chapter 566, AB 504)ê

 

      (b) Pay the premium for each month or portion thereof for which the teacher or pupil performs work without pay for the employer.

      Secs. 2 and 3.  (Deleted by amendment.)

      Sec. 4.  NRS 616A.025 is hereby amended to read as follows:

      616A.025  As used in chapters 616A to 616D, inclusive, of NRS, unless the context otherwise requires, the words and terms defined in NRS 616A.030 to 616A.360, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 616A.135 is hereby amended to read as follows:

      616A.135  Persons [other than students] who, under a written agreement between a public agency and a private organization, perform volunteer work for a private organization as part of a public program and who are not specifically covered by any other provisions of chapters 616A to 616D, inclusive, of NRS, while engaging in that volunteer work, may be deemed by the system, or by a self-insured employer or an employer who is a member of an association of self-insured public or private employers, for the purposes of those chapters, as employees of the public agency at a wage of $100 per month. Such persons are entitled to the benefits of those chapters when the public agency complies with the provisions of those chapters and the regulations adopted under them.

      Sec. 6.  NRS 616A.215 is hereby amended to read as follows:

      616A.215  [Any]

      1.  Except as otherwise provided in subsection 3, any person who is an apprentice shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee [who is receiving] of an apprenticeship committee registered with the state apprenticeship council at a wage of $150 per month [for the purposes of chapters 616A to 616D, inclusive, of NRS. Any injury to the apprentice which occurs in the course of instruction required as a part of his apprenticeship shall be deemed to have occurred in the course of his employment and he is therefore entitled to the benefits of those chapters, if he is not employed elsewhere and] while he is:

      [1.] (a) Attending a class for vocational training; or

      [2.] (b) Receiving bona fide instruction as an apprentice,

under the direction of [an] the apprenticeship committee . [registered with the state apprenticeship council.] Such an apprentice is entitled to the benefits of chapters 616A to 616D, inclusive.

      2.  A person who is an apprentice shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of an employer who is participating in a program of training and instruction as an apprentice approved pursuant to chapter 610 of NRS while:

      (a) The apprentice is performing work for that employer; and

      (b) The employer is paying the apprentice a wage for the work performed.

The apprentice shall be deemed to be an employee at a wage equal to his average monthly wage as determined pursuant to the regulations adopted by the administrator pursuant to NRS 616C.420 and is entitled to the benefits of chapters 616A to 6161D, inclusive, of NRS.


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ê1997 Statutes of Nevada, Page 2767 (Chapter 566, AB 504)ê

 

      3.  If an apprentice who is employed by an employer participating in a program of training and instruction is injured while he is deemed to be an employee of the apprenticeship committee pursuant to subsection 1 and the apprentice is unable to work for an employer participating in the program solely because of that injury, the apprentice shall be deemed to be an employee of the apprenticeship committee at a wage of $150 per month or at his average monthly wage as determined pursuant to the regulations adopted by the administrator pursuant to NRS 616C.420, whichever is greater.

      Sec. 7.  Section 39 of chapter 580, Statutes of Nevada 1995, at page 2008, is hereby amended to read as follows:

       Sec. 39.  NRS 616A.135 is hereby amended to read as follows:

       616A.135  Persons who, under a written agreement between a public agency and a private organization, perform volunteer work for a private organization as part of a public program and who are not specifically covered by any other provisions of chapters 616A to 616D, inclusive, of NRS, while engaging in that volunteer work, may be deemed by [the system, or by a self-insured employer or an employer who is a member of an association of self-insured public or private employers,] an insurer, for the purposes of those chapters, as employees of the public agency at a wage of $100 per month. Such persons are entitled to the benefits of those chapters when the public agency complies with the provisions of those chapters and the regulations adopted [under] pursuant to them.

      Sec. 8.  If the premium for industrial insurance for an apprenticeship committee registered with the state apprenticeship council is increased as a result of the amendatory provisions of section 6 of this act, the apprenticeship committee shall require the employers who are participating in the program to pay the costs of the increased premium:

      1.  In proportion to the number of apprentices each employer has enrolled in the program; or

      2.  In such other manner as the apprenticeship committee deems appropriate.

      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.

      Sec. 10.  This act becomes effective upon passage and approval.

________

 


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ê1997 Statutes of Nevada, Page 2768ê

 

CHAPTER 567, AB 519

Assembly Bill No. 519–Committee on Health and Human Services

CHAPTER 567

AN ACT making an appropriation to the Health Division of the Department of Human Resources for the continuation of the program developed by the perinatal substance abuse subcommittee of the Advisory Board on Maternal and Child Health; 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 Health Division of the Department of Human Resources the sum of $50,000 for continuation of the program developed by the perinatal substance abuse subcommittee of the Advisory Board on Maternal and Child Health.

      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 568, AB 523

Assembly Bill No. 523–Committee on Ways and Means

CHAPTER 568

AN ACT relating to education; revising provisions governing the administration and reporting of the achievement and proficiency examinations administered in the public schools; extending the period during which the department of education may expend certain money appropriated during the previous legislative session to pay for costs relating to standard examinations of achievement and proficiency of pupils; revising the date of the prospective reversion of that money; establishing certain requirements for the administration of those examinations; 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 389.015 is hereby amended to read as follows:

      389.015  1.  The board of trustees of each school district shall administer examinations in all public schools within its district to determine the achievement and proficiency of pupils in:

      (a) Reading;

      (b) Writing; and

      (c) Mathematics.

      2.  The examinations required by subsection 1 must be:


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ê1997 Statutes of Nevada, Page 2769 (Chapter 568, AB 523)ê

 

      (a) Administered before the completion of grades 4, 8 and 11.

      (b) Administered in each school district at the same time. The time for the administration of the examinations must be prescribed by the state board.

      (c) Administered in each school in accordance with uniform procedures adopted by the state board. The department shall monitor the compliance of school districts and individual schools with the uniform procedures.

      (d) Scored by the department or a single private entity that has contracted with the state board to score the examinations. [The] If a private entity scores the examinations, it shall report the results of the examinations in the form and by the date required by the department.

      3.  Not more than 14 working days after the results of the examinations are reported to the department by a private entity that scored the examinations or the department completes the scoring of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school district. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school within the school district. Not more than 10 working days after each school receives the results of the examinations, the principal of each school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:

      (a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or

      (b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.

      4.  Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities.

      [4.]  If different standards of proficiency are adopted or other modifications or accommodations are made in the administration of the examinations for a pupil who is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the different standards adopted or other modifications or accommodations must be set forth in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards prescribed by the state board.

      5.  If a pupil fails to demonstrate adequate achievement on the examination administered before the completion of grade 4 or 8, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.

      [5.] 6.  The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading and mathematics prescribed for grades 4 and 8 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4 and 8 in this state to that of a national reference group of pupils in grades 4 and 8.


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ê1997 Statutes of Nevada, Page 2770 (Chapter 568, AB 523)ê

 

must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4 and 8 in this state to that of a national reference group of pupils in grades 4 and 8. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:

      (a) To the extent necessary for administering and evaluating the examinations.

      (b) That a disclosure may be made to a state officer who is a member of the executive or legislative branch to the extent that it is related to the performance of that officer’s duties.

      (c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.

      Sec. 2.  NRS 389.017 is hereby amended to read as follows:

      389.017  1.  The state board [of education] shall prescribe regulations requiring that each board of trustees of a school district submit to the superintendent of public instruction, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th and 11th grades of public school pupils in the district. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.

      2.  The results of examinations administered to all pupils must be reported for each school, school district and this state as follows:

      (a) The average score of pupils with disabilities for whom different standards of achievement are adopted or other modifications or accommodations are made if such reporting does not violate the confidentiality of the test scores of any individual pupil;

      (b) The average score of pupils for whom different standards of achievement were not adopted or other modifications or accommodations were not made; and

      (c) The average score of all pupils who were tested.

      3.  On or before November 1 of each year, each school district shall report to the department the following information for each examination administered in the public schools in the school district:

      (a) The examination administered;

      (b) The grade level or levels of pupils to whom the examination was administered;

      (c) The costs incurred by the school district in administering each examination; and

      (d) The purpose, if any, for which the results of the examination are used by the school district.

On or before December 1 of each year, the department shall transmit to the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau the information submitted to the department pursuant to this subsection.


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

ê1997 Statutes of Nevada, Page 2771 (Chapter 568, AB 523)ê

 

      4.  The superintendent of schools of each school district shall certify that the number of pupils who took the examinations required pursuant to NRS 389.015 is equal to the number of pupils who are enrolled in each school in the school district who are required to take the examinations except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:

      (a) His proficiency in the English language is below the average proficiency of pupils at the same grade level; or

      (b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.

      5.  In addition to the information required by subsection 3, the superintendent of public instruction shall:

      (a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and

      (b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.

      Sec. 3.  Section 6 of chapter 525, Statutes of Nevada 1995, at page 1745, is hereby amended to read as follows:

       Sec. 6.  1.  There is hereby appropriated from the state general fund to the department of education the sum of $670,030 to pay for costs incurred by the department during the fiscal years [1995-97] 1995-99 relating to the standard examinations of achievement and proficiency of pupils administered pursuant to NRS 389.015.

       2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [1997,] 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 4.  Section 1 of chapter 477, Statutes of Nevada 1995, at page 1529, is hereby amended to read as follows:

       Section 1.  There is hereby appropriated from the state general fund to the department of education the sum of $511,677 to develop and carry out a new high school proficiency examination . [:

For the fiscal year 1995-96....................................................................... $295,606

For the fiscal year 1996-97..................................................................... $216,071]

      Sec. 5.  Section 2 of chapter 477, Statutes of Nevada 1995, at page 1529, is hereby amended to read as follows:

       Sec. 2.  [The sums appropriated] Any remaining balance of the appropriation made by section 1 of this act [are available for either fiscal year. Any balance of those sums] must not be committed for expenditure after June 30, [1997,] 1999, and reverts to the state general fund as soon as all payments of money committed have been made.


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

ê1997 Statutes of Nevada, Page 2772 (Chapter 568, AB 523)ê

 

      Sec. 6.  1.  The high school proficiency examination developed with the money appropriated pursuant to section 1 of chapter 477, Statutes of Nevada 1995, at page 1529, must be administered to all pupils enrolled in grade 11 during the school year that begins in 1997.

      2.  The score required to pass that examination must be:

      (a) Set at a moderate level for pupils to whom the examination is administered during the school year that begins in 1997; and

      (b) Increased to a higher level for pupils to whom the examination is administered during subsequent school years, except that the score required to pass the examination must not be increased for pupils who failed to pass the examination administered during the school year that begins in 1997 and to whom the examination is again administered during a subsequent school year.

      Sec. 7.  This act becomes effective upon passage and approval or on June 29, 1997, whichever occurs earlier.

________

 

CHAPTER 569, AB 405

Assembly Bill No. 405–Assemblyman Manendo (By Request)

CHAPTER 569

AN ACT relating to pets; requiring that a retailer or dealer of dogs or cats provide certain information concerning the history of a dog or cat to any purchaser before the completion of the sale; 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.  Chapter 574 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other penalty provided by law, the administrator may impose an administrative fine on any retailer or dealer who violates the provisions of NRS 574.460, 574.470 or 574.480 in an amount not to exceed:

 

For the first violation...........................................................................                $250

For the second violation......................................................................                  500

For each subsequent violation...........................................................               1,000

 

      2.  All fines collected by the administrator pursuant to subsection 1 must be deposited with the state treasurer for credit to the state general fund.

      3.  As used in this section, “administrator” means the administrator of the division of agriculture of the department of business and industry.

      Sec. 2.  NRS 574.450 is hereby amended to read as follows:

      574.450  1.  A retailer or dealer shall, after the acquisition of a cat or dog for resale, cause the cat or dog to be examined by a veterinarian. The retailer or dealer shall not sell the cat or dog before it is initially examined by a veterinarian.


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

ê1997 Statutes of Nevada, Page 2773 (Chapter 569, AB 405)ê

 

retailer or dealer shall not sell the cat or dog before it is initially examined by a veterinarian.

      2.  A retailer or dealer shall cause a cat or dog acquired for resale to be re-examined by a veterinarian:

      (a) Fourteen days after the date of its initial examination; and

      (b) Every 30 days thereafter until sold.

      3.  If a veterinarian conducting an examination pursuant to this section finds that the cat or dog has no illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention, he shall provide a written statement setting forth his findings to the retailer or dealer.

      4.  [A retailer or dealer shall provide to the purchaser of a cat or dog, at the time of sale, written notice of any veterinary treatment or medication received by the cat or dog after it was acquired by the retailer or dealer, including a copy of any statement provided by a veterinarian pursuant to subsection 3. The notice must be signed by the retailer or dealer, dated and include the dates on which the cat or dog was examined and on which the cat or dog received medication or a vaccination.

      5.]  A retailer or dealer shall not knowingly sell a cat or dog if it has an illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention.

      [6.]5.  For the purposes of this section, the presence of internal or external parasites does not constitute an illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention unless the cat or dog is clinically ill as a result of the parasite.

      Sec. 3.  NRS 574.460 is hereby amended to read as follows:

      574.460  1.  A retailer or dealer shall , before selling a cat, provide the purchaser of [a cat, at the time of sale,] the cat with a written statement [containing:

      1.]that discloses:

      (a) The name, address and telephone number of the retailer or dealer.

      (b) The date the cat was born, if known.

      [2.](c) The name and address of the person from whom the retailer or dealer obtained the cat and, if the person holds a license issued by the United States Department of Agriculture, the person’s federal identification number.

      [3.](d)The name and address of the breeder of the cat, if any, and, if the breeder holds a license issued by the United States Department of Agriculture, the breeder’s federal identification number.

      (e) The registration numbers, if any, of the cat’s sire and dam with the appropriate breed registry or any health certifications from a health certification organization such as the Orthopedic Foundation for Animals or its successor organization, if any.

      (f) A record of any immunizations administered to the cat before the time of sale, including the type of vaccine, date of administration and name and address of the veterinarian who prescribed the vaccine.

      [4.  Notice of any]

      (g)The medical history of the cat, including, without limitation:


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

ê1997 Statutes of Nevada, Page 2774 (Chapter 569, AB 405)ê

 

             (1) The date that a veterinarian examined and, if applicable, re-examined the cat pursuant to subsections 1 and 2 of NRS 574.450 and determined that the cat did not have any illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention . [and is apparent at the time of the sale or should have been known from the records of the veterinarian received pursuant to NRS 574.450. The] For the purposes of this subparagraph, the presence of internal or external parasites does not constitute an illness, disease or other condition [for which notice must be given pursuant to this subsection] that is terminal or requires immediate hospitalization or immediate surgical intervention, unless the cat is clinically ill as a result of the parasite.

             (2) Whether any treatment or medication has been administered by the veterinarian who examined or, if applicable, re-examined the cat pursuant to subsections 1 and 2 of NRS 574.450 and if such treatment or medication was administered, a statement indicating on what date it was administered and for what illness, disease or condition.

             (3) The name and address of the veterinarian who performed the examinations or re-examinations or administered any treatments or medications.

      (h) That a copy of the veterinarian’s evaluation of the health of the cat made pursuant to NRS 574.450 is available to the purchaser.

      2.  The written statement must be signed and dated by the retailer or dealer and contain a space for the purchaser to sign and date the statement as an attestation that he has read and understands the disclosures contained in the statement.

      Sec. 4.  NRS 574.470 is hereby amended to read as follows:

      574.470  1.  A retailer or dealer shall , before selling a dog, provide the purchaser of [a dog, at the time of sale,] the dog with a written statement [containing:

      1.]that discloses:

      (a)The name, address and telephone number of the retailer or dealer.

      (b) The date the dog was born, if known.

      [2.](c) The name and address of the person from whom the retailer or dealer obtained the dog and, if the person holds a license issued by the United States Department of Agriculture, the person’s federal identification number.

      [3.](d) The name and address of the breeder of the dog , if any, and, if the breeder holds a license issued by the United States Department of Agriculture, the breeder’s federal identification number.

      [4.](e) The registration numbers, if any, of the dog’s sire and dam with the appropriate breed registry or any health certifications from a health certification organization such as the Orthopedic Foundation for Animals or its successor organization, if any.

      [5.](f) A record of any immunizations administered to the dog before the time of sale, including the type of vaccine, date of administration and name and address of the veterinarian who prescribed the vaccine.

      [6.  Notice of]

      (g) The medical history of the dog, including, without limitation:


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

ê1997 Statutes of Nevada, Page 2775 (Chapter 569, AB 405)ê

 

             (1) The date that a veterinarian examined and, if applicable, re-examined the dog pursuant to subsections 1 and 2 of NRS 574.450 and determined that the dog did not have any illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention . [and is apparent at the time of the sale or should have been known from the records of the veterinarian received pursuant to NRS 574.450. The] For the purposes of this subparagraph, the presence of internal or external parasites does not constitute an illness, disease or other condition [for which notice must be given pursuant to this subsection] that is terminal or requires immediate hospitalization or immediate surgical intervention, unless the dog is clinically ill as a result of the parasite.

             (2) Whether any treatment or medication has been administered by the veterinarian who examined or, if applicable, re-examined the dog pursuant to subsections 1 and 2 of NRS 574.450 and, if such treatment or medication was administered, a statement indicating on what date it was administered and for what illness, disease or condition.

             (3) The name and address of the veterinarian who performed the examinations or re-examinations or administered any treatments or medications.

      (h) That a copy of the veterinarian’s evaluation of the health of the dog performed pursuant to NRS 574.450 is available to the purchaser.

      2.  The written statement must be signed and dated by the retailer or dealer and contain a space for the purchaser to sign and date the statement as an attestation that he has read and understands the disclosures contained in the statement.

      Sec. 5.  NRS 574.480 is hereby amended to read as follows:

      574.480  A retailer or dealer shall conspicuously post within close proximity to the primary enclosure of a dog or cat offered for sale the following notice printed in at least [100-point type: INFORMATION ON THE] 48-point type upon paper that is at least 11 inches wide and 17 inches long:

 

NEVADA LAW REQUIRES THAT INFORMATION CONCERNING THE DATE OF BIRTH, SOURCE , LINEAGE AND MEDICAL HISTORY OF THESE DOGS (OR CATS) [, AND OF VETERINARY TREATMENTS RECEIVED BY THESE DOGS (OR CATS), IS AVAILABLE FOR REVIEW.] BE PROVIDED TO THE PURCHASER BEFORE THE COMPLETION OF ANY SALE.

________

 


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

ê1997 Statutes of Nevada, Page 2776ê

 

CHAPTER 570, AB 414

Assembly Bill No. 414–Committee on Elections, Procedures, and Ethics

CHAPTER 570

AN ACT relating to elections; requiring the notification of registrars of voters and certain county clerks when a registered voter is adjudicated insane or mentally incompetent; revising the provision that limits the authorized number of registered voters for a precinct in which a mechanical voting system is used; requiring the county and city clerks to prescribe the color of the ballots used in an election; revising the period during which a city clerk is required to provide a voting booth on the premises of his office for voting certain absent ballots; authorizing early voting by personal appearance in city elections; revising the period for filing an affidavit of candidacy for a city office; revising the period for filing an application to vote; revising the period for testing automatic tabulating equipment used in an election in certain counties and cities; authorizing the printing of ballots and other election materials outside this state under certain circumstances and with noncommercial printing establishments; revising the period for filing certain ballot questions with the county or city clerk; 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 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “City of the first class,” “city of the second class” or “city of the third class” means a city:

      1.  Organized pursuant to the provisions of chapter 266 of NRS; or

      2.  Incorporated pursuant to a special charter,

having a population described in subsections 1, 2 and 3 of NRS 266.055, respectively.

      Sec. 3.  Within 30 days after a person is adjudicated insane or mentally incompetent by a district court, the clerk of the district court shall provide a certified copy of the order or judgment of insanity or mental incompetency to:

      1.  The county clerk of the county in which the person is a resident, if the person is not a resident of the county in which the district court is located; or

      2.  The registrar of voters of the county, if the person is a resident of the county in which the district court is located and the county has created the office of registrar of voters pursuant to NRS 244.164.

      Sec. 4.  NRS 293.010 is hereby amended to read as follows:

      293.010  As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 293.013 to 293.121, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 293.207 is hereby amended to read as follows:

      293.207  1.  Election precincts must be established on the basis of the number of registered voters therein, with a maximum of 600 registered voters per precinct in those precincts in which paper ballots are used, or a maximum of 1,500 registered voters who are not designated inactive pursuant to NRS 293.530 per precinct in those precincts in which a mechanical voting system is used.


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

ê1997 Statutes of Nevada, Page 2777 (Chapter 570, AB 414)ê

 

pursuant to NRS 293.530 per precinct in those precincts in which a mechanical voting system is used.

      2.  The county clerk may consolidate two or more contiguous election precincts into a single voting district to conduct a particular election as public convenience, necessity and economy may require.

      Sec. 6.  NRS 293.250 is hereby amended to read as follows:

      293.250  1.  The secretary of state shall, in a manner consistent with the election laws of this state, prescribe:

      (a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to register to vote, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.

      (b) The procedure to be followed when a computer is used to register voters and to keep records of registration.

      2.  He shall prescribe with respect to the matter to be printed on every kind of ballot:

      (a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the state.

      (b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his county.

      3.  He shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter’s choice.

      4.  The fiscal note for and explanation of each proposed constitutional amendment or statewide measure, including arguments for and against it, must be included on all sample ballots.

      5.  The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the attorney general. They must be in easily understood language and of reasonable length, and whenever feasible must be completed by April 1 of the year in which the general election is to be held.

      6.  The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.

      7.  [County and city clerks may] A county or city clerk:

      (a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.

      (b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.

      Sec. 6.5.  NRS 293.327 is hereby amended to read as follows:

      293.327  1.  If a request for an absent ballot is made by a registered voter in person, a city clerk shall issue an absent ballot to the registered voter, and the ballot must be voted on the premises of the clerk’s office and returned to the clerk. The clerk shall follow the same procedure as in the case of absent ballots received by mail.


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

ê1997 Statutes of Nevada, Page 2778 (Chapter 570, AB 414)ê

 

      2.  At least 25 days before a primary or general city election until 5:00 p.m. [the day] on:

      (a) The Friday before the election; or

      (b) If the office of a city clerk is not scheduled to be open on the Friday before the election, the Thursday before the election,

each city clerk shall provide a voting booth, with suitable equipment for voting, on the premises of his office for use by registered voters who are issued absent ballots in accordance with this section.

      Sec. 7.  NRS 293.356 is hereby amended to read as follows:

      293.356  1.  If a request is made to vote early by a registered voter in person, the county or city clerk shall issue a ballot for early voting to the voter. Such a ballot must be voted on the premises of the clerk’s office and returned to the clerk. If the ballot is a paper ballot or a ballot which is voted by punching a card, the clerk shall follow the same procedure as in the case of absent ballots received by mail.

      2.  On the dates for early voting prescribed in NRS 293.3568, each county or city clerk shall provide a voting booth, with suitable equipment for voting, on the premises of his office for use by registered voters who are issued ballots for early voting in accordance with this section.

      Sec. 8.  NRS 293.3564 is hereby amended to read as follows:

      293.3564  1.  The county clerk may establish permanent polling places for early voting by personal appearance at locations designated by him throughout the county. Except as otherwise provided in subsection 2, any person entitled to vote early by personal appearance may do so at any polling place for early voting.

      2.  If it is impractical for the county clerk to provide at each polling place for early voting a ballot in every form required in the county, he may:

      (a) Provide appropriate forms of ballots for all offices within a township, city, town or county commissioner election district, as determined by the county clerk; and

      (b) Limit voting at that polling place to registered voters in that township, city, town or county commissioner election district.

      3.  The city clerk may establish permanent polling places for early voting by personal appearance at locations designated by him throughout the city. Any person entitled to vote early by personal appearance may do so at any polling place for early voting.

      Sec. 9.  NRS 293.3568 is hereby amended to read as follows:

      293.3568  1.  The period for early voting by personal appearance begins the third Saturday preceding a primary or general election , or a primary city election or general city election, and extends through the Friday before election day, Sundays and holidays excepted.

      2.  The county or city clerk may:

      (a) Include any Sunday or holiday that falls within the period for early voting by personal appearance.

      (b) Require a permanent polling place for early voting to remain open until 8 p.m. on any Saturday that falls within the period for early voting.

      3.  A permanent polling place for early voting must remain open:

      (a) On Monday through Friday:


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

ê1997 Statutes of Nevada, Page 2779 (Chapter 570, AB 414)ê

 

             (1) During the first week of early voting, from 8 a.m. until 6 p.m.

             (2) During the second week of early voting, from 8 a.m. until 6 p.m. or until 8 p.m. if the county or city clerk so requires.

      (b) On any Saturday that falls within the period for early voting, from 10 a.m. until 6 p.m.

      (c) If the county clerk or city clerk includes a Sunday that falls within the period for early voting pursuant to subsection 2, during such hours as he may establish.

      Sec. 10.  NRS 293.3572 is hereby amended to read as follows:

      293.3572  1.  In addition to permanent polling places for early voting, the county or city clerk may establish temporary branch polling places for early voting.

      2.  The provisions of subsection 3 of NRS 293.3568 do not apply to a temporary polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the county or city clerk.

      3.  The schedules for conducting voting are not required to be uniform among the temporary branch polling places.

      4.  The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a temporary branch polling place for early voting, except to the extent necessary to conduct early voting at that location.

      Sec. 11.  NRS 293.3576 is hereby amended to read as follows:

      293.3576  1.  The county or city clerk shall publish during the week before the period for early voting and at least once each week during the period for early voting in a newspaper of general circulation a schedule stating:

      (a) The location of each permanent and temporary polling place for early voting and the election precincts served by each location.

      (b) The dates and hours that early voting will be conducted at each location.

      2.  [A] The county clerk shall post a copy of the schedule [must also be posted] on the bulletin board used for posting notice of meetings of the board of county commissioners. The city clerk shall post a copy of the schedule on the bulletin board used for posting notice of the meetings of the city council. The schedule must be posted continuously for a period beginning not later than the fifth day before the first day of the period for early voting by personal appearance and ending on the last day of that period.

      3.  The county or city clerk shall make copies of the schedule available to the public in reasonable quantities without charge during the period of posting.

      4.  No additional polling places for early voting may be established after the schedule is published pursuant to this section.

      Sec. 12.  NRS 293.358 is hereby amended to read as follows:

      293.358  1.  The county or city clerk shall appoint for each polling place for early voting a deputy clerk for early voting who must serve as the election officer in charge of the polling place.


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

ê1997 Statutes of Nevada, Page 2780 (Chapter 570, AB 414)ê

 

      2.  The county or city clerk may also appoint as many additional deputy clerks as he deems necessary for the proper conduct of the election.

      Sec. 13.  NRS 293.3585 is hereby amended to read as follows:

      293.3585  1.  Upon the appearance of a person to cast a ballot for early voting, the deputy clerk for early voting shall:

      (a) Determine that the person is a registered voter in the county;

      (b) Instruct the voter to sign the roster for early voting; and

      (c) Verify the signature of the voter against that contained on the original application to register to vote or facsimile thereof, the card issued to the voter at the time of registration or some other piece of official identification.

      2.  The county or city clerk shall prescribe a procedure, approved by the secretary of state, to determine that the voter has not already voted pursuant to this section.

      3.  The roster for early voting must contain:

      (a) The voter’s name, the address where he is registered to vote, his voter identification number and a place for the voter’s signature;

      (b) The voter’s precinct or voting district number; and

      (c) The date of voting early in person.

      4.  When a voter is entitled to cast his ballot and has identified himself to the satisfaction of the deputy clerk for early voting, he is entitled to receive the appropriate ballot or ballots, but only for his own use at the polling place for early voting.

      5.  If the ballot is voted by punching a card, the deputy clerk for early voting shall:

      (a) Ensure that the voter’s precinct or voting district and the form of ballot are indicated on the card;

      (b) Direct the voter to the appropriate mechanical recording device for his form of ballot; and

      (c) Allow the voter to place his voted ballot in the ballot box.

      6.  If the ballot is voted on a mechanical recording device which directly records the votes electronically, the deputy clerk for early voting shall:

      (a) Prepare the mechanical recording device for the voter;

      (b) Ensure that the voter’s precinct or voting district and the form of ballot are indicated on each part of the voting receipt;

      (c) Retain one part of the voting receipt for the election board and return the other part of the voting receipt to the voter; and

      (d) Allow the voter to cast his vote.

      7.  A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293.303.

      Sec. 14.  NRS 293.359 is hereby amended to read as follows:

      293.359  1.  The ballot box for early voting in which voted ballots which are paper ballots or ballots which are voted by punching a card are deposited must have two locks, each with a different key and must be designed and constructed so that the box can be sealed to detect any unauthorized opening of the box and that the ballot slot can be sealed to prevent any unauthorized deposit in the box. The seals for the boxes must be serially numbered for each election.


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

ê1997 Statutes of Nevada, Page 2781 (Chapter 570, AB 414)ê

 

      2.  During the period for early voting by personal appearance, the county or city clerk shall keep the key to one of the locks to the ballot box for early voting and a designated custodian, not under the authority of the county or city clerk, shall keep the key to the second lock.

      3.  Each custodian shall retain possession of the key entrusted to him until it is delivered to the ballot board for early voting.

      Sec. 15.  NRS 293.3594 is hereby amended to read as follows:

      293.3594  1.  A plan for the security of ballots for early voting must be submitted to the secretary of state for approval no later than 90 days before the election at which early voting is to be conducted.

      2.  At the close of early voting each day, the deputy clerk for early voting shall secure each voting machine used for early voting in a manner prescribed by the secretary of state so that its unauthorized operation is prevented.

      3.  All materials for early voting must be delivered to the county clerk’s office or the city clerk’s office at the close of voting on the last day for voting at the polling place for early voting.

      Sec. 16.  NRS 293.3598 is hereby amended to read as follows:

      293.3598  1.  A ballot board for early voting must be appointed by the county clerk to handle early voting ballots for that county.

      [2.  The] A ballot board for early voting must be appointed by the city clerk to handle early voting ballots for that city.

      2.  Each ballot board must consist of two co-chairmen who must be of different political parties and at least two other members who may be of the same political party as one of the co-chairmen but must not be of the same political party as any other member.

      Sec. 17.  NRS 293.3602 is hereby amended to read as follows:

      293.3602  If paper ballots or ballots which are voted by punching a card are used during the period for early voting by personal appearance:

      1.  The ballots voted at the permanent or temporary polling place must be delivered by an election board officer to the county clerk’s office or the city clerk’s office at the close of each voting day. The seal on the ballot box must indicate the number of voted ballots contained in that box for that day.

      2.  When the ballot box is delivered pursuant to subsection 1, the county or city clerk shall provide a new ballot box locked in the manner prescribed in NRS 293.359.

      3.  At the close of the fourth voting day before the last day to vote early and at the close of each of the 3 days thereafter, the county or city clerk shall deliver all ballots voted to the ballot board for early voting. At the close of the last voting day, the county or city clerk shall deliver to the appropriate ballot board for early voting:

      (a) Each remaining ballot box containing the ballots voted early by personal appearance and his key to each box;

      (b) A voting roster of all persons who voted early by personal appearance; and

      (c) Any list of registered voters used in conducting early voting.

      4.  Upon the call of the chairmen of the board, the custodian of the key to the second lock on the ballot boxes shall deliver his key for each box to the presiding officer.


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ê1997 Statutes of Nevada, Page 2782 (Chapter 570, AB 414)ê

 

      5.  Upon the receipt of ballots, the board shall:

      (a) Remove all ballots from the ballot boxes and sort the ballots by precinct or voting district;

      (b) Count the number of ballots by precinct or voting district;

      (c) Account for all ballots on an official statement of ballots; and

      (d) Place all official ballots in the container provided to transport those items to a central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the voted ballots to the central counting place.

      6.  The county or city clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsection 5 if those members do not interfere with the handling of the ballots.

      Sec. 18.  NRS 293.3604 is hereby amended to read as follows:

      293.3604  If ballots which are voted on a mechanical recording device which directly records the votes electronically are used during the period for early voting by personal appearance in an election other than a presidential preference primary election:

      1.  At the close of each voting day the election board shall:

      (a) Prepare and sign a statement for the polling place. The statement must include:

             (1) The title of the election;

             (2) The number of the precinct or voting district;

             (3) The number which identifies the mechanical recording device and the storage device required pursuant to NRS 293B.084;

             (4) The number of ballots voted on the mechanical recording device for that day;

             (5) The number of signatures in the roster for early voting for that day; and

             (6) The number of voting receipts retained pursuant to NRS 293.3585 for that day.

      (b) Secure:

             (1) The ballots pursuant to the plan for security required by NRS 293.3594; and

             (2) Each mechanical voting device in the manner prescribed by the secretary of state pursuant to NRS 293.3594.

      2.  At the close of the last voting day, the county or city clerk shall deliver to the appropriate ballot board for early voting:

      (a) The statements for all polling places for early voting;

      (b) The voting receipts retained pursuant to NRS 293.3585;

      (c) The voting rosters used for early voting;

      (d) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting; and

      (e) Any other items as determined by the county or city clerk.

      3.  Upon receipt of the items set forth in subsection 2 at the close of the last voting day, the ballot board for early voting shall:

      (a) Sort the items by precinct or voting district;

      (b) Count the number of ballots voted by precinct or voting district;

      (c) Account for all ballots on an official statement of ballots; and


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ê1997 Statutes of Nevada, Page 2783 (Chapter 570, AB 414)ê

 

      (d) Place the items in the container provided to transport those items to the central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the items to the central counting place.

      Sec. 19.  NRS 293.3606 is hereby amended to read as follows:

      293.3606  1.  After 8 a.m. on election day, the appropriate board shall count in public the returns for early voting.

      2.  The returns for early voting must not be reported until after the polls have closed on election day.

      3.  The returns for early voting may be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of the voter’s ballot.

      4.  The county or city clerk shall develop a procedure to ensure that each ballot is kept secret.

      5.  Any person who disseminates to the public information relating to the count of returns for early voting before the polls close is guilty of a gross misdemeanor.

      Sec. 20.  NRS 293.3608 is hereby amended to read as follows:

      293.3608  On election day the county or city clerk shall:

      1.  Ensure that each mechanical recording device used during the period for early voting provides a record printed on paper of the total number of votes recorded on the device for each candidate and for or against each measure; and

      2.  Deliver to the central counting place:

      (a) The items:

             (1) Sorted and counted pursuant to subsection 3 of NRS 293.3604; or

             (2) Counted pursuant to subsection 2 of NRS 298.360;

      (b) The records printed on paper provided pursuant to subsection 1; and

      (c) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting.

      Sec. 21.  NRS 293.361 is hereby amended to read as follows:

      293.361  1.  During the time a polling place for early voting is open for voting, a person may not electioneer for or against any candidate, measure or political party in or within 30 feet from the entrance to the voting area.

      2.  During the period of early voting, the county or city clerk shall keep continuously posted:

      (a) At the entrance to the room or area, as applicable, in which the polling place for early voting is located a sign on which is printed in large letters “Polling Place for Early Voting”; and

      (b) At the outer limits of the area within which electioneering is prohibited, a sign on which is printed in large letters “Distance Marker. No electioneering between this point and the entrance to the polling place.”

      3.  Ropes or other suitable objects may be used at the polling place to ensure compliance with this section. Persons who are not expressly permitted by law to be in a polling place must be excluded from the polling place to the extent practicable.

      4.  Any person who willfully violates the provisions of this section is guilty of a gross misdemeanor.


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ê1997 Statutes of Nevada, Page 2784 (Chapter 570, AB 414)ê

 

      Sec. 22.  NRS 293.481 is hereby amended to read as follows:

      293.481  1.  Except as otherwise provided in subsection 2, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when the governing body decides to submit a question:

      (a) At a general election, shall provide a copy of the question, including an explanation of and arguments for and against the question, to each county clerk within the designated territory on or before the third Monday in July preceding the election.

      (b) At a primary election, shall provide a copy of the question, including an explanation of and arguments for and against the question, to each county clerk within the designated territory on or before the [date on which a certificate of candidacy for a candidate of a major political party must be filed pursuant to NRS 293.180.] third Monday in May preceding the election.

      (c) At any election other than a primary or general election at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide a copy of the question, including an explanation of and arguments for and against the question, to each county clerk at least 60 days before the election.

      (d) At any city election at which the city clerk gives notice of the election or otherwise performs duties in connection therewith, shall provide a copy of the question, including an explanation of and arguments for and against the question, to the city clerk at least [35] 60 days before the election.

      2.  The requirements of subsection 1 do not apply to any question expressly privileged or required pursuant to the provisions of article 19 of the constitution of the State of Nevada or pursuant to the provisions of chapter 295 of NRS or any other statute to be submitted if proposed after the dates specified.

      3.  A county or city clerk may charge any political subdivision, public or quasi-public corporation or other local agency which submits a question a reasonable fee sufficient to pay for the increased costs incurred in including the question, explanation and arguments on the ballot.

      Sec. 23.  NRS 293.5235 is hereby amended to read as follows:

      293.5235  1.  Except as otherwise provided in NRS 293.502, a person may register to vote by mailing an application to register to vote to the county clerk of the county in which he resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to register to vote may be used to correct information in the registrar of voters’ register.

      2.  An application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.


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ê1997 Statutes of Nevada, Page 2785 (Chapter 570, AB 414)ê

 

personally delivered to the county clerk shall be deemed to have been returned by mail.

      3.  The applicant must complete and sign the application.

      4.  The county clerk shall, upon receipt of an application, determine whether the application is complete.

      5.  If he determines that the application is complete, he shall, within 10 days after he receives the application, mail a notice to the applicant informing him that:

      (a) He is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

      (b) The registrar of voters’ register has been corrected to reflect any changes indicated on the application.

The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked.

      6.  If the county clerk determines that the application is not complete, he shall, as soon as possible, mail a notice to the applicant informing him that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after he receives the information, mail a notice to the applicant informing him that:

      (a) He is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

      (b) The registrar of voters’ register has been corrected to reflect any changes indicated on the application.

The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked. If the applicant does not provide the additional information within the prescribed period, the application is void.

      7.  The secretary of state shall prescribe the form for an application to register to vote by mail which must be used to register to vote by mail in this state.

      8.  The county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.

      9.  The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall attempt to determine whether the person’s current residence is other than that indicated on his application to register to vote in the manner set forth in NRS 293.530.

      10.  A person who, by mail, registers to vote pursuant to this section may be assisted in completing the application to register to vote by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.


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ê1997 Statutes of Nevada, Page 2786 (Chapter 570, AB 414)ê

 

      11.  An application to register to vote must be made available to all persons, regardless of political party affiliation.

      12.  An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the county clerk’s office within [3 working] 10 days after it is completed.

      13.  A person who willfully violates any of the provisions of subsection 10, 11 or 12 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      14.  The secretary of state shall adopt regulations to carry out the provisions of this section.

      Sec. 24.  NRS 293.543 is hereby amended to read as follows:

      293.543  1.  If the registration of an elector is canceled pursuant to subsection 2 of NRS 293.540, the county clerk shall reregister the elector upon notice from the clerk of the district court that the elector has been declared sane or mentally competent by the district court.

      2.  If the registration of an elector is canceled pursuant to subsection 3 of NRS 293.540, the elector may reregister after he presents written evidence from a court or governmental agency of this state which demonstrates that:

      (a) His conviction has been overturned; or

      (b) His civil rights have been restored.

      [2.] 3.  If the registration of an elector is canceled pursuant to the provisions of subsection 5 of NRS 293.540, the elector may reregister immediately.

      [3.] 4.  If the registration of an elector is canceled pursuant to the provisions of subsection 6 of NRS 293.540, after the close of registration for a primary election, the elector may not reregister until after the primary election.

      Secs. 25-27.  (Deleted by amendment.)

      Sec. 28.  NRS 293B.150 is hereby amended to read as follows:

      293B.150  [No sooner] Not earlier than 2 weeks before [the election day,] and not later than 5 p.m. on the day before the first day of early voting, the county or city clerk of a county or city that uses a mechanical recording device which directly records votes electronically shall test the automatic tabulating equipment and programs to ascertain that the equipment and programs will correctly count the votes cast for all offices and on all measures.

      Sec. 29.  NRS 293B.300 is hereby amended to read as follows:

      293B.300  1.  In a primary election, a member of the election board for a precinct shall issue each partisan voter a ballot which [is of a distinctive color associated with the voter’s major political party, which] contains a distinctive code associated with [that] the major political party of the voter and on which is clearly printed the name of the party.

      2.  If a mechanical voting system is used in a primary election whereby votes are directly recorded electronically, a member of the election board shall, in addition to the ballot described in subsection 1, issue each partisan voter a voting receipt [which is of a distinctive color associated with the voter’s major political party and] on which is clearly printed the name of the major political party [.]


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ê1997 Statutes of Nevada, Page 2787 (Chapter 570, AB 414)ê

 

voter’s major political party and] on which is clearly printed the name of the major political party [.] of the voter.

      3.  The member of the election board shall [then] direct the partisan voter to a mechanical recording device containing the list of offices and candidates arranged for the voter’s major political party in the manner provided in NRS 293B.190.

      Sec. 30.  NRS 293B.305 is hereby amended to read as follows:

      293B.305  Unless a major political party allows a nonpartisan voter to vote for its candidates:

      1.  In a primary election, a member of the election board for a precinct shall issue each nonpartisan voter a ballot [of a distinctive color,] with a distinctive code and printed designation identifying it as a nonpartisan ballot.

      2.  If a mechanical voting system is used in a primary election whereby votes are directly recorded electronically, a member of the election board shall, in addition to the ballot described in subsection 1, issue the nonpartisan voter a voting receipt [of a distinctive color and] with a printed designation identifying it as a nonpartisan ballot.

      3.  The member of the election board shall : [then:]

      (a) Direct the nonpartisan voter to a mechanical recording device containing a list of offices and candidates setting forth only the nonpartisan ballot;

      (b) Direct the nonpartisan voter to a mechanical recording device containing a list of offices and candidates arranged for a partisan ballot, instruct the voter to vote only the nonpartisan section of the list and advise the voter that any votes he may cast in the partisan section will not be counted; or

      (c) Issue a nonpartisan ballot attached to a sheet of foam plastic or similar backing material, a punching instrument, a sample nonpartisan ballot and an instruction sheet to the nonpartisan voter and instruct him to punch his ballot by reference to the sample ballot.

      Sec. 31.  NRS 295.095 is hereby amended to read as follows:

      295.095  1.  Any five registered voters of the county may commence initiative or referendum proceedings by filing with the county clerk an affidavit stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

      2.  Initiative petitions must be signed by a number of registered voters of the county equal to 15 percent or more of the number of voters who voted at the last preceding general election in the county.

      3.  Referendum petitions must be signed by a number of registered voters of the county equal to 10 percent or more of the number of voters who voted at the last preceding general election in the county.

      4.  A petition must be filed [within 180] not later than:

      (a) One hundred and eighty days after the date that the affidavit required by subsection 1 is filed with the county clerk [.] ; or

      (b) One hundred days before the election,

whichever is earlier.


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ê1997 Statutes of Nevada, Page 2788 (Chapter 570, AB 414)ê

 

      5.  A petition may consist of more than one document, but all documents of a petition must be uniform in size and style , numbered and assembled as one instrument for filing. Each signature must be executed in ink or indelible pencil and followed by the address of the person signing and the date on which he signed the petition. All signatures on a petition must be obtained within the period specified in paragraph (a) of subsection 4. Each document must contain or have attached thereto throughout its circulation the full text of the ordinance proposed or sought to be reconsidered.

      6.  Each document of a petition must have attached to it when filed an affidavit executed by the circulator thereof stating:

      (a) That he personally circulated the document;

      (b) The number of signatures thereon;

      (c) That all the signatures were affixed in his presence;

      (d) That he believes them to be genuine signatures of the persons whose names they purport to be; and

      (e) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

      7.  The county clerk shall issue a receipt to any person who submits a petition pursuant to this section. The receipt must set forth the number of:

      (a) Documents included in the petition;

      (b) Pages in each document; and

      (c) Signatures that the person declares are included in the petition.

      Sec. 32.  NRS 295.205 is hereby amended to read as follows:

      295.205  1.  Any five registered voters of the city may commence initiative or referendum proceedings by filing with the city clerk an affidavit:

      (a) Stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form;

      (b) Stating their names and addresses;

      (c) Specifying the address to which all notices to the committee are to be sent; and

      (d) Setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

      2.  Initiative petitions must be signed by a number of registered voters of the city equal to 15 percent or more of the number of voters who voted at the last preceding city election.

      3.  Referendum petitions must be signed by a number of registered voters of the city equal to 10 percent or more of the number of voters who voted at the last preceding city election.

      4.  A petition must be filed [within 180] not later than:

      (a) One hundred and eighty days after the date that the affidavit required by subsection 1 is filed with the city clerk [.] ; or

      (b) One hundred days before the election,

whichever is earlier.

      5.  A petition may consist of more than one document, but all documents of a petition must be uniform in size and style , numbered and assembled as one instrument for filing. Each signature must be executed in ink or indelible pencil and followed by the address of the person signing and the date on which he signed the petition. All signatures on a petition must be obtained within the period specified in paragraph (a) of subsection 4.


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ê1997 Statutes of Nevada, Page 2789 (Chapter 570, AB 414)ê

 

obtained within the period specified in paragraph (a) of subsection 4. Each document must contain or have attached thereto throughout its circulation the full text of the ordinance proposed or sought to be reconsidered.

      6.  Each document of a petition must have attached to it when filed an affidavit executed by the circulator thereof stating:

      (a) That he personally circulated the document;

      (b) The number of signatures thereon;

      (c) That all the signatures were affixed in his presence;

      (d) That he believes them to be genuine signatures of the persons whose names they purport to be; and

      (e) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

      7.  The city clerk shall issue a receipt to any person who submits a petition pursuant to this section. The receipt must set forth the number of:

      (a) Documents included in the petition;

      (b) Pages in each document; and

      (c) Signatures that the person declares are included in the petition.

      Sec. 33.  NRS 244.330 is hereby amended to read as follows:

      244.330  1.  [All] Except as otherwise provided in subsection 5, public printing required by the various counties [shall] must be placed with [some] a bona fide newspaper or bona fide commercial printing establishment within the county . [requiring the same; but if] If there is no bona fide newspaper or bona fide commercial printing establishment within the county adequately equipped to do [such printing, then the printing so required shall] the printing, the printing must be placed with [some] a bona fide newspaper or bona fide commercial printing establishment [elsewhere] in the state adequately equipped to do [such] the printing. If only one such newspaper or commercial printing establishment exists in the county and it fails, or has failed in the past, with regard to a specific piece of printing required by law to be printed, to perform its printing functions in accordance with the specification for the job as supplied by the governing body in any year, the specific piece of printing when required in any subsequent year may be placed with [some] a bona fide newspaper or bona fide commercial printing establishment [elsewhere] in the state adequately equipped to do [such] the printing.

      2.  Except as otherwise authorized in [subsection 4,] subsections 4 and 5, printing required by counties [shall] must be done within the state.

      3.  The provisions of this section are contingent upon satisfactory services being rendered by all such printing establishments and reasonable charges therefor. [Reasonable charges shall mean] As used in this subsection, “reasonable charges” means a charge not in excess of the amount necessary to be paid for similar work in other printing establishments.

      4.  [Nothing in this section shall be construed as prohibiting] The provisions of this section do not prohibit the printing of county bonds and other evidences of indebtedness outside the state.

      5.  Except as otherwise provided in this subsection, the printing of ballots and other materials required for an election must be placed with a bona fide newspaper or bona fide printing establishment that is located within the county in which the election will be held and that is adequately equipped to do the printing.


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ê1997 Statutes of Nevada, Page 2790 (Chapter 570, AB 414)ê

 

within the county in which the election will be held and that is adequately equipped to do the printing. If there is no bona fide newspaper or bona fide printing establishment located within that county that is adequately equipped to do the printing, the printing may be placed with a bona fide newspaper or bona fide printing establishment located outside the state that is adequately equipped to do the printing.

      Sec. 34.  Section 5.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 193, Statutes of Nevada 1991, at page 363, is hereby amended to read as follows:

       Sec. 5.010  Primary municipal elections.

       1.  On the Tuesday after the 1st Monday in May 1985, and at each successive interval of 4 years, a primary municipal election must be held in the city at which time candidates for two offices of councilman and for municipal judge, department 2, must be nominated.

       2.  On the Tuesday after the 1st Monday in May 1987, and at each successive interval of 4 years, a primary municipal election must be held in the city at which time candidates for mayor, for two offices of councilman and for municipal judge, department 1, must be nominated.

       3.  The candidates for councilman who are to be nominated as provided in subsections 1 and 2 must be nominated and voted for separately according to the respective wards. The candidates from wards 2 and 4 must be nominated as provided in subsection 1, and the candidates from wards 1 and 3 must be nominated as provided in subsection 2.

       4.  If the city council has established an additional department or departments of the municipal court pursuant to section 4.010 of this charter, and, as a result, more than one office of municipal judge is to be filled at any election, the candidates for those offices must be nominated and voted upon separately according to the respective departments.

       5.  Each candidate for the municipal offices which are provided for in subsections 1, 2 and 4 must file a declaration of candidacy with the city clerk . [not less than 30 days nor more than 40 days before the day of the primary election. If the last day for filing a declaration of candidacy falls on a Saturday, Sunday or legal holiday, the period for filing expires on the preceding business day at 5 p.m.] The city clerk shall collect from each candidate, at the time of filing that candidate’s declaration of candidacy, the filing fee which is prescribed by ordinance for that office. All of the filing fees which are collected by the city clerk must be paid into the city treasury.

       6.  If, at 5 p.m. on the last day for filing a declaration of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected for the term which commences on the day of the first regular meeting of the city council next succeeding the meeting at which the canvass of the returns is made, and no primary or general election need be held for that office.

       7.  If, in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes which are cast in that election for the office for which he is a candidate, he must be declared elected for the term which commences on the day of the first regular meeting of the city council next succeeding the meeting at which the canvass of the returns is made, and no general election need be held for that office.


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ê1997 Statutes of Nevada, Page 2791 (Chapter 570, AB 414)ê

 

which are cast in that election for the office for which he is a candidate, he must be declared elected for the term which commences on the day of the first regular meeting of the city council next succeeding the meeting at which the canvass of the returns is made, and no general election need be held for that office. If, in the primary election, no candidate receives a majority of votes which are cast in that election for the office for which he is a candidate, the names of the two candidates who receive the highest number of votes must be placed on the ballot for the general election.

      Sec. 35.  Section 5.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 462, Statutes of Nevada 1993, at page 1468, is hereby amended to read as follows:

       Sec. 5.020  Primary elections; declaration of candidacy.

       1.  [Except as otherwise provided in this subsection, a] A candidate for any office to be voted for at an election shall file an affidavit of candidacy with the city clerk . [not less than 30 nor more than 40 days before the day of the primary election. A candidate for any office to be voted for at a regular election held after June 1995 shall file an affidavit of candidacy with the city clerk not earlier than the first Monday in May of the year in which the election is to be held nor later than 5 p.m. on the third Monday in May.] The city clerk shall charge and collect from the candidate and the candidate [shall] must pay to the city clerk, at the time of filing [the] his affidavit of candidacy, a filing fee of $25 for filing an affidavit of candidacy. All filing fees so collected by the city clerk must be deposited to the credit of the general fund of the city.

       2.  [If for any general municipal election held before July 1995, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the Tuesday following the first Monday in May preceding the general election. If for any general municipal election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary municipal election but must be placed on the ballot for the general election.

       3.] If for any general election [held after June 1995,] there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the first Tuesday in September preceding the general election. If for any general election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election.

       [4.] 3.  In the primary election:

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

       (b) Candidates for councilman who represent a specific ward must be voted upon only by the registered voters of that ward.


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ê1997 Statutes of Nevada, Page 2792 (Chapter 570, AB 414)ê

 

       (c) Candidates for mayor and councilman at large must be voted upon by all registered voters of the city.

       [5.] 4.  The mayor and all councilmen must be voted upon by all registered voters of the city at the general election.

      Sec. 36.  Section 5.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 24, Statutes of Nevada 1987, at page 61, is hereby amended to read as follows:

       Sec. 5.020  Primary municipal elections: Declaration of candidacy.

       1.  [A candidate for any office to be voted for at any general municipal election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the 1st Tuesday after the 1st Monday in May preceding the general election.

       2.] If for any general municipal election there are three or more candidates for the offices of mayor, city attorney or municipal judge, or three or more candidates from each ward to represent the ward as a member of the city council, a primary election for that office must be held on the 1st Tuesday after the 1st Monday in May preceding the general election.

       [3.] 2.  Candidates for the offices of mayor, city attorney and municipal judge must be voted upon by the registered voters of the city at large. Candidates to represent a ward as a member of the city council must be voted upon by the registered voters of the ward to be represented by them.

       [4.] 3.  The names of the two candidates for mayor, city attorney and municipal judge and the names of the two candidates to represent the ward as a member of the city council from each ward who receive the highest number of votes at the primary election must be placed on the ballot for the general election.

      Sec. 37.  Section 1 of Assembly Bill No. 18 of this session is hereby amended to read as follows:

       Section 1.  NRS 293.361 is hereby amended to read as follows:

       293.361  1.  During the time a polling place for early voting is open for voting, a person may not electioneer for or against any candidate, measure or political party in or within [30] 100 feet from the entrance to the voting area.

       2.  During the period of early voting, the county or city clerk shall keep continuously posted:

       (a) At the entrance to the room or area, as applicable, in which the polling place for early voting is located , a sign on which is printed in large letters “Polling Place for Early Voting”; and

       (b) At the outer limits of the area within which electioneering is prohibited, a sign on which is printed in large letters “Distance Marker : [.] No electioneering between this point and the entrance to the polling place.”

       3.  Ropes or other suitable objects may be used at the polling place to ensure compliance with this section. Persons who are not expressly permitted by law to be in a polling place must be excluded from the polling place to the extent practicable.


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ê1997 Statutes of Nevada, Page 2793 (Chapter 570, AB 414)ê

 

       4.  Any person who willfully violates the provisions of this section is guilty of a gross misdemeanor.

      Sec. 38.  Section 6 of Senate Bill No. 215 of this session is hereby amended to read as follows:

       Sec. 6.  NRS 293.5235 is hereby amended to read as follows:

       293.5235  1.  Except as otherwise provided in NRS 293.502, a person may register to vote by mailing an application to register to vote to the county clerk of the county in which he resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to register to vote may be used to correct information in the registrar of voters’ register.

       2.  An application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.

       3.  The applicant must complete and sign the application.

       4.  The county clerk shall, upon receipt of an application, determine whether the application is complete.

       5.  If he determines that the application is complete, he shall, within 10 days after he receives the application, mail a notice to the applicant informing him that:

       (a) He is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

       (b) The registrar of voters’ register has been corrected to reflect any changes indicated on the application.

The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked.

       6.  If the county clerk determines that the application is not complete, he shall, as soon as possible, mail a notice to the applicant informing him that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after he receives the information, mail a notice to the applicant informing him that:

       (a) He is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

       (b) The registrar of voters’ register has been corrected to reflect any changes indicated on the application.

The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked. If the applicant does not provide the additional information within the prescribed period, the application is void.

       7.  The secretary of state shall prescribe the form for an application to register to vote by mail which must be used to register to vote by mail in this state.


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ê1997 Statutes of Nevada, Page 2794 (Chapter 570, AB 414)ê

 

       8.  The county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.

       9.  The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall attempt to determine whether the person’s current residence is other than that indicated on his application to register to vote in the manner set forth in NRS 293.530.

       10.  A person who, by mail, registers to vote pursuant to this section may be assisted in completing the application to register to vote by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.

       11.  An application to register to vote must be made available to all persons, regardless of political party affiliation.

       12.  An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the county clerk’s office within 10 days after it is completed.

       13.  A person who willfully violates any of the provisions of subsection 10, 11 or 12 is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.

       14.  The secretary of state shall adopt regulations to carry out the provisions of this section.

      Sec. 38.1.  Section 3 of Senate Bill No. 447 of this session is hereby amended to read as follows:

       Sec. 3.  1.  A primary city election must be held in each city of the first class, and in each city of the second class that has so provided by ordinance, on the first Tuesday after the first Monday in May of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be voted for at the next general city election.

       2.  A candidate for any office to be voted for at the primary city election must file a declaration of candidacy with the city clerk not less than 60 days nor more than 70 days before the date of the primary city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.

       3.  All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.

       4.  If, in a primary city election held in a city of the first or second class, one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, his name alone must be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.


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ê1997 Statutes of Nevada, Page 2795 (Chapter 570, AB 414)ê

 

city election, no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.

      Sec. 38.2.  Section 5 of Senate Bill No. 447 of this session is hereby amended to read as follows:

       Sec. 5.  1.  A general city election must be held in each city of the third class on the first Tuesday after the first Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter, as determined by ordinance.

       2.  There must be one mayor and three or five councilmen, as the city council shall provide, by ordinance, for each city of the third class. The terms of office of the mayor and the councilmen are 4 years, which terms must be staggered. The mayor and councilmen elected to office immediately after incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years. If a city council thereafter increases the number of councilmen, it shall, by lot, stagger the initial terms of the additional members.

       3.  A candidate for any office to be voted for at the general city election must file a declaration of candidacy with the city clerk not less than 60 days nor more than 70 days before the day of the general city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance.

       4.  Candidates for mayor must be voted upon by the electors of the city at large. Candidates for councilmen must be voted upon by the electors of their respective wards to represent the wards in which they reside or by the electors of the city at large in accordance with the provisions of chapter 266 of NRS.

      Sec. 38.3.  Section 11 of Senate Bill No. 447 of this session is hereby amended to read as follows:

       Sec. 11.  1.  The conduct of any city election is under the control of the governing body of the city, and it shall, by ordinance, provide for the holding of the election, appoint the necessary election officers and election boards, and do all other things required to carry the election into effect.

       2.  Early voting in a city election may be conducted pursuant to the provisions of NRS 293.356 to 293.361, inclusive.

      Sec. 38.4.  Section 107 of Senate Bill No. 447 of this session is hereby amended to read as follows:

       Sec. 107.  NRS 293.250 is hereby amended to read as follows:

       293.250  1.  The secretary of state shall, in a manner consistent with the election laws of this state, prescribe:

       (a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to register to vote, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.


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ê1997 Statutes of Nevada, Page 2796 (Chapter 570, AB 414)ê

 

       (b) The procedure to be followed when a computer is used to register voters and to keep records of registration.

       2.  He shall prescribe with respect to the matter to be printed on every kind of ballot:

       (a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the state.

       (b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his county.

       3.  He shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter’s choice.

       4.  The fiscal note for and explanation of each proposed constitutional amendment or statewide measure, including arguments for and against it, must be included on all sample ballots.

       5.  The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the attorney general. They must be in easily understood language and of reasonable length, and whenever feasible must be completed by April 1 of the year in which the general election is to be held.

       6.  The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.

       7.  A county [or city] clerk:

       (a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.

       (b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.

      Sec. 38.5.  Section 170 of Senate Bill No. 447 of this session is hereby amended to read as follows:

       Sec. 170.  Section 5.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 462, Statutes of Nevada 1993, at page 1468, is hereby amended to read as follows:

      Sec. 5.020  Primary elections; declaration of candidacy.

      1.  A candidate for any office to be voted for at an election [shall] must file [an affidavit] a declaration of candidacy with the city clerk. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing his [affidavit] declaration of candidacy, a filing fee of $25 . [for filing an affidavit of candidacy.] All filing fees so collected by the city clerk must be deposited to the credit of the general fund of the city.

      2.  If for any general election, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the first Tuesday in September preceding the general election.


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ê1997 Statutes of Nevada, Page 2797 (Chapter 570, AB 414)ê

 

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

      3.  In the primary election:

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

      (b) Candidates for councilman who represent a specific ward must be voted upon only by the registered voters of that ward.

      (c) Candidates for mayor and councilman at large must be voted upon by all registered voters of the city.

      4.  The mayor and all councilmen must be voted upon by all registered voters of the city at the general election.

      Sec. 38.6.  Section 171 of Senate Bill No. 447 of this session is hereby amended to read as follows:

       Sec. 171.  Section 5.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 24, Statutes of Nevada 1987, at page 61, is hereby amended to read as follows:

      Sec. 5.020  Primary municipal elections: Declaration of candidacy.

      1.  If for any general municipal election there are three or more candidates for the offices of mayor, city attorney or municipal judge [,] or three or more candidates from each ward to represent the ward as a member of the city council, a primary election for that office must be held on the [1st] first Tuesday after the [1st] first Monday in May preceding the general election.

      2.  Candidates for the offices of mayor, city attorney and municipal judge must be voted upon by the registered voters of the city at large. Candidates to represent a ward as a member of the city council must be voted upon by the registered voters of the ward to be represented by them.

      3.  The names of the two candidates for mayor, city attorney and municipal judge and the names of the two candidates to represent the ward as a member of the city council from each ward who receive the highest number of votes at the primary election must be placed on the ballot for the general election.

      Sec. 39.  (Deleted by amendment.)

      Sec. 40.  The amendatory provisions of this act do not apply to offenses that are committed before July 1, 1997.

      Sec. 41.  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 2798 (Chapter 570, AB 414)ê

 

      Sec. 42.  1.  This section and sections 1 to 21, inclusive, and 23 to 39, inclusive, of this act become effective on July 1, 1997.

      2.  Section 22 of this act becomes effective at 12:01 a.m. on July 1, 1997.

________

 

CHAPTER 571, AB 415

Assembly Bill No. 415–Committee on Transportation

CHAPTER 571

AN ACT relating to traffic laws; revising provisions governing the movement of a vehicle that is unattended, disabled or involved in an accident; 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 484.221 is hereby amended to read as follows:

      484.221  [1.]  The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop [such] his vehicle at the scene of [such] the accident or , if his vehicle is obstructing traffic, at a location as close thereto as possible [,] that does not obstruct traffic, and shall forthwith return to and [in every event shall] remain at the scene of [such] the accident until he has fulfilled the requirements of NRS 484.223.

      [2.  Every such stop shall be made without obstructing traffic more than is necessary.]

      Sec. 2.  NRS 484.397 is hereby amended to read as follows:

      484.397  1.  Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of this chapter, [such] the officer may move [such] the vehicle, or require the driver or person in charge of the vehicle to move it , to a position off the paved , [or] improved or main-traveled part of [such] the highway.

      2.  Whenever any police officer finds a vehicle unattended or disabled upon any highway, bridge or causeway, or in any tunnel , where [such] the vehicle constitutes an obstruction to traffic [, such] or interferes with the normal flow of traffic, the officer may provide for the immediate removal of [such vehicle in any manner provided by law.] the vehicle.

      3.  Any police officer may remove any vehicle or part of a vehicle found on the highway, or cause it to be removed, to the nearest garage or other place of safekeeping if:

      (a) The vehicle has been involved in an accident and is so disabled that its normal operation is impossible or impractical and the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle;

      (b) The person driving or in actual physical control of the vehicle is arrested for any alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay; or

 

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