Link to Page 816

 

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1999 Statutes of Nevada, Page 817 (Chapter 150, SB 140)

 

    2.  If an insurer includes any portion of any annual fees or assessments that it is required to pay to the State of Nevada in the amount billed to its insureds for the premium for insurance, the insurer may provide with each notice of renewal sent to its insureds a statement that a portion of the premium is attributable to the annual fees or assessments that it is required to pay to the State of Nevada.

    Sec. 2.  NRS 680B.025 is hereby amended to read as follows:

    680B.025  For the purposes of NRS 680B.025 to 680B.039, inclusive [:] , and section 1 of this act:

    1.  “Total income derived from direct premiums written”:

    (a) Does not include premiums written or considerations received from life insurance policies or annuity contracts issued in connection with the funding of a pension, annuity or profit-sharing plan qualified or exempt pursuant to sections 401, 403, 404, 408, 457 or 501 of the United States Internal Revenue Code as renumbered from time to time.

    (b) Does not include payments received by an insurer from the Secretary of Health and Human Services pursuant to a contract entered into pursuant to section 1876 of the Social Security Act , [(] 42 U.S.C. ง 1395mm . [).]

    (c) As to title insurance , consists of the total amount charged by the company for the sale of policies of title insurance.

    2.  Money accepted by a life insurer pursuant to an agreement which provides for an accumulation of money to purchase annuities at future dates may be considered as “total income derived from direct premiums written” either upon receipt or upon the actual application of the money to the purchase of annuities, but any interest credited to money accumulated while under the latter alternative must also be included in “total income derived from direct premiums written,” and any money taxed upon receipt, including any interest later credited thereto, is not subject to taxation upon the purchase of annuities. Each life insurer shall signify on its return covering premiums for the calendar year 1971 or for the first calendar year it transacts business in this state, whichever is later, its election between those two alternatives. Thereafter an insurer shall not change his election without the consent of the commissioner. Any such money taxed as “total income derived from direct premiums written” is, in the event of withdrawal of the money before its actual application to the purchase of annuities, eligible to be included as “return premiums” pursuant to the provisions of NRS 680B.030.

    Sec. 3.  This act becomes effective on July 1, 2000.

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1999 Statutes of Nevada, Page 818

 

CHAPTER 151, SB 159

Senate Bill No. 159–Committee on Finance

 

CHAPTER 151

 

AN ACT making an appropriation to restore the balance in the emergency account; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

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 emergency account, created by NRS 353.263, the sum of $97,840 to restore the balance in the account to approximately $400,000.

    Sec. 2.  This act becomes effective upon passage and approval.

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CHAPTER 152, SB 250

Senate Bill No. 250–Committee on Finance

 

CHAPTER 152

 

AN ACT making an appropriation to the Budget Division of the Department of Administration for reimbursement of the Legal Division of the Legislative Counsel Bureau for the expenses involved in preparing bill drafts requested by agencies of the executive branch; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

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 Budget Division of the Department of Administration for reimbursement of the Legal Division of the Legislative Counsel Bureau the sum of $150,000 for the expenses involved in preparing legislation requested by agencies of the executive branch.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

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

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1999 Statutes of Nevada, Page 819

 

CHAPTER 153, SB 332

Senate Bill No. 332–Senator Porter

 

CHAPTER 153

 

AN ACT relating to unemployment compensation; requiring the administrator of the employment security division of the department of employment, training and rehabilitation to order that benefits for unemployment not be charged against the record for experience rating of an employer if the employer provides, within a certain period, evidence satisfactory to the administrator that the employee claiming the benefits left his employment voluntarily without good cause or was discharged for misconduct connected with his employment; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

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

 

    Section 1.  NRS 612.551 is hereby amended to read as follows:

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

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

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

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

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

    (b) Was the spouse of an active member of the Armed Forces of the United States and left his employment because his spouse was transferred to a different location,

the administrator shall order that the benefits not be charged against the [employer’s] record for experience rating [.] of the employer.

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

    6.  [No] A determination made pursuant to this section [constitutes] does not constitute a basis for disqualifying a claimant to receive benefits.

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1999 Statutes of Nevada, Page 820

 

CHAPTER 154, SB 351

Senate Bill No. 351–Senator Townsend

 

CHAPTER 154

 

AN ACT relating to short-term lessors of passenger cars; authorizing the commissioner of insurance to issue a limited agent’s license to a short-term lessor of passenger cars who conducts certain limited insurance activities; providing an exemption from examination for applicants for such limited licenses; authorizing employees of such a short-term lessor to conduct without a license certain limited insurance activities within the scope of the limited license held by the short-term lessor; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

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

 

    Section 1.  Chapter 683A of NRS is hereby amended by adding thereto a new section to read as follows:

    If a short-term lessor of passenger vehicles licensed pursuant to NRS 482.363 holds a limited agent’s license issued pursuant to NRS 683A.260, an employee of the short-term lessor may engage in the solicitation and sale of insurance requested by a lessee pursuant to NRS 482.3158 without a license issued pursuant to this chapter, if the solicitation and sale of such insurance is done on behalf of, and under the supervision of, the short-term lessor.

    Sec. 2.  NRS 683A.100 is hereby amended to read as follows:

    683A.100  In addition to persons excluded by the terms thereof, the definitions of an agent, broker, solicitor or managing general agent [shall not be deemed to] do not include any of the following:

    1.  Salaried employees rendering solely clerical and administrative services in the office of the employer.

    2.  Salaried administrative and clerical employees of agents and brokers performing any functions in the office and under the supervision of the employer and receiving no commissions.

    3.  Salaried employees of insurers, or of organizations employed by insurers, engaged in inspecting, rating or classifying risks, or in general supervision of agents, and not in the solicitation or writing of insurance.

    4.  Officers of insurers or of an association of insurers engaged in the performance of their usual and customary executive duties, exclusive of field solicitation of insurance other than rendering assistance to or on behalf of a licensed agent but receiving no commission or other compensation directly dependent upon the amount of business transacted.

    5.  Persons completing or delivering declarations or certificates of coverage under running inland marine insurance contracts evidencing coverage thereunder, if:

    (a) Such persons receive no commissions directly or indirectly on such insurance; and

    (b) Such persons or their employers have an insurable interest in the risk evidenced by the certificate or declaration.

    6.  Persons who secure and furnish information for the purposes of group life insurance, group or blanket health insurance or annuity coverages, or for enrolling individuals under such plans or issuing certificates thereunder or otherwise assisting in administering such plans where no commission is paid for such services.


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1999 Statutes of Nevada, Page 821 (Chapter 154, SB 351)

 

enrolling individuals under such plans or issuing certificates thereunder or otherwise assisting in administering such plans where no commission is paid for such services.

    7.  Service representatives.

    8.  Employees of a short-term lessor of passenger vehicles who engage solely in the solicitation and sale of insurance requested by a lessee pursuant to NRS 482.3158 in accordance with section 1 of this act.

    Sec. 3.  NRS 683A.180 is hereby amended to read as follows:

    683A.180  Except as otherwise provided in subsection 3 of NRS 683A.270 [(continuation, expiration of license),] , the provisions of NRS 683A.170 [does] do not apply to and no such examination is required of:

    1.  Applicants with respect to life and health [or] insurance, life insurance or health insurance who hold the designation of chartered life underwriter (C.L.U.). Applicants must show such proof of holding the designation as may be required by the commissioner.

    2.  Applicants with respect to property, casualty and surety insurance , [(] or any combination thereof , [)] who hold the designation of chartered property and casualty underwriter (C.P.C.U.). Applicants must show such proof of holding the designation as may be required by the commissioner.

    3.  Any applicant for a license which would cover the same kind or kinds of insurance as those for which he was licensed under a similar license in this state, other than a temporary license, within 6 months next preceding the date of application, unless the previous license was revoked, suspended or continuation thereof refused by the commissioner.

    4.  Any applicant for an agent’s license who [is] :

    (a) Is currently licensed as a resident broker or solicitor for the same kind or kinds of insurance, or has been so licensed within 6 months next preceding the date of the application unless the previous license was revoked, suspended or continuation thereof refused by the commissioner [, and if] ; and

    (b) If the applicant is currently licensed as a solicitor, has had at least 1 year of experience under his solicitor’s license satisfactory to the commissioner.

    5.  Any applicant for a broker’s license who has been licensed as a resident agent or solicitor in this state for the same kinds of insurance within 1 year preceding the date of the application, unless the previous license was revoked, suspended or continuation thereof refused by the commissioner , [;] and if [an] the applicant has been licensed as:

    (a) A resident agent , the applicant has had at least 1 year [, and if a] of experience under his agent’s license satisfactory to the commissioner; and

    (b) A solicitor , the applicant has had at least 2 years [,] of experience under his [agent’s or] solicitor’s license [, as the case may be,] satisfactory to the commissioner.

    6.  Any applicant for a solicitor’s license who has been licensed as a resident agent, broker or solicitor in this state for the same kinds of insurance within 6 months next preceding the date of the application, unless the previous license was revoked, suspended or continuation thereof refused by the commissioner.


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1999 Statutes of Nevada, Page 822 (Chapter 154, SB 351)

 

    7.  Applicants with respect to variable annuities who are, or within the next preceding 6 months have been, licensed or registered as securities broker-dealers under laws administered by the Securities and Exchange Commission or any successor agency of the Federal Government.

    8.  Persons representing public carriers under limited licenses issued under NRS 683A.260.

    9.  Title insurance agents.

    10.  An applicant who is a short-term lessor of passenger cars licensed pursuant to NRS 482.363 whose insurance activities are limited to the solicitation and sale of insurance requested by a lessee pursuant to NRS 482.3158, where the insurance is offered within an agreement to lease a vehicle as optional insurance which is in effect only during the term of the lease of the vehicle.

    Sec. 4.  NRS 683A.260 is hereby amended to read as follows:

    683A.260  1.  The commissioner may issue a limited agent’s license to an applicant qualified under this chapter:

    (a) Who represents public carriers and in the course of his representation solicits or sells insurance incidentally to the transportation of persons or to the storage or transportation of property; [or]

    (b) Whose insurance activities are limited to the solicitation and sale of:

         (1) Credit insurance, as defined in NRS 690A.015, and credit property and casualty insurance; or

         (2) Fixed annuities [.] ; or

    (c) Who is a short-term lessor of passenger cars licensed pursuant to NRS 482.363 whose insurance activities are limited to the solicitation and sale of insurance requested by a lessee pursuant to NRS 482.3158, where the insurance is offered within an agreement to lease a vehicle as optional insurance which is in effect only during the term of the lease of the vehicle.

    2.  [The] Except as otherwise provided in NRS 683A.180, the commissioner may adopt regulations which require the applicant to pass an appropriate examination before the issuance of a license pursuant to this section.

    3.  Except for a bank or a bank holding company, or a parent, subsidiary or affiliate of a bank that may be licensed to sell fixed and variable annuities, and credit insurance as defined in NRS 690A.015, a person to whom a license is issued pursuant to this section may not concurrently hold any other license authorized by this chapter.

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1999 Statutes of Nevada, Page 823

 

CHAPTER 155, SB 398

Senate Bill No. 398–Committee on Finance

 

CHAPTER 155

 

AN ACT relating to child support; creating a fund for the disbursement of payments for child support collected by the welfare division of the department of human resources; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

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

 

    Section 1.  NRS 422.245 is hereby amended to read as follows:

    422.245  Any federal money allotted to the State of Nevada for public assistance programs and other programs for which the welfare division is responsible and such other money as may be received by the state for such purposes must , except as otherwise provided in section 2 of this act, be deposited in the appropriate accounts of the welfare division in the state general fund.

    Sec. 2.  Chapter 425 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The state child support disbursement fund is hereby created as an agency fund, to be administered by the chief. All money collected or otherwise received by the enforcing authority to carry out the provisions of 42 U.S.C. ง 654b must be deposited in the fund. The fund is a continuing fund without reversion. Any interest and income earned on the money in the fund must, after deducting any applicable charges, be credited to the fund.

    2.  If a check which is accepted for deposit in the fund is dishonored upon presentation for payment:

    (a) The amount of the check must be charged against the fund; and

    (b) The enforcing authority shall comply with subsection 2 of NRS 425.410.

    3.  The money in the fund must be used to carry out the provisions of 42 U.S.C. ง 654b.

    Sec. 3.  NRS 425.420 is hereby amended to read as follows:

    425.420  [All] Except as otherwise required to carry out the provisions of 42 U.S.C. ง 654b, all money collected in fees, costs, attorney’s fees, interest payments, incentive payments or other payments received by the administrator which cannot be identified as to the support account to which it should be credited, [shall] must be deposited in the state general fund.

    Sec. 4.  1.  This section and sections 2 and 3 of this act become effective on July 1, 1999.

    2.  Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1999.

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1999 Statutes of Nevada, Page 824

 

CHAPTER 156, SB 418

Senate Bill No. 418–Senators Titus, Wiener and Care

 

CHAPTER 156

 

AN ACT relating to governmental administration; providing a civil penalty for the submission of a false claim to the state or to a local government; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

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

 

    Section 1.  Title 31 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 30, inclusive, of this act.

    Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Claim” means a request or demand for money, property or services made to:

    1.  An officer, employee or agent of this state or of a political subdivision of this state; or

    2.  A contractor, grantee or other recipient of money from the state or a political subdivision of this state if any part of the money, property or services requested or demanded was provided by the state or political subdivision.

    Sec. 4.  “Political subdivision” means a county, city, assessment district or any other local government as defined in NRS 354.474.

    Sec. 5.  (Deleted by amendment.)

    Sec. 6.  1.  Except as otherwise provided in section 7 of this act, a person who, with or without specific intent to defraud, does any of the following listed acts is liable to the state or a political subdivision, whichever is affected, for three times the amount of damages sustained by the state or political subdivision because of the act of that person, for the costs of a civil action brought to recover those damages and for a civil penalty of not less than $2,000 or more than $10,000 for each act:

    (a) Knowingly presents or causes to be presented a false claim for payment or approval.

    (b) Knowingly makes or uses, or causes to be made or used, a false record or statement to obtain payment or approval of a false claim.

    (c) Conspires to defraud by obtaining allowance or payment of a false claim.

    (d) Has possession, custody or control of public property or money and knowingly delivers or causes to be delivered to the state or a political subdivision less money or property than the amount for which he receives a receipt.

    (e) Is authorized to prepare or deliver a receipt for money or property to be used by the state or a political subdivision and knowingly prepares or delivers a receipt that falsely represents the money or property.


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1999 Statutes of Nevada, Page 825 (Chapter 156, SB 418)

 

    (f) Knowingly buys, or receives as security for an obligation, public property from a person who is not authorized to sell or pledge the property.

    (g) Knowingly makes or uses, or causes to be made or used, a false record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the state or a political subdivision.

    (h) Is a beneficiary of an inadvertent submission of a false claim and, after discovering the falsity of the claim, fails to disclose the falsity to the state or political subdivision within a reasonable time.

    2.  As used in this section, a person acts “knowingly” with respect to information if he:

    (a) Has knowledge of the information;

    (b) Acts in deliberate ignorance of whether the information is true or false; or

    (c) Acts in reckless disregard of the truth or falsity of the information.

    Sec. 7.  In a civil action pursuant to this chapter, the court may give judgment for not less than twice or more than three times the amount of damages sustained, and no civil penalty, if it finds that:

    1.  The person against who the judgment is entered:

    (a) Furnished all information known to him concerning the act, within 30 days after becoming aware of the information, to the attorney general; and

    (b) Fully cooperated with any investigation of the act by the state or political subdivision; and

    2.  At the time the information was furnished, no criminal prosecution or civil or administrative proceeding had commenced with respect to the act and the person had no knowledge of the existence of any investigation with respect to the act.

    Sec. 8.  Liability pursuant to this chapter is joint and several for an act done by two or more persons.

    Sec. 9.  The attorney general may investigate any alleged liability pursuant to this chapter and may bring a civil action pursuant to this chapter against the person liable.

    Sec. 10.  (Deleted by amendment.)

    Sec. 11.  1.  Except as otherwise provided in sections 26 and 27 of this act, a private plaintiff may maintain an action pursuant to this chapter on his own account and that of the state if money, property or services provided by the state are involved, or on his own account and that of a political subdivision if money, property or services provided by the political subdivision are involved, or on his own account and that of both the state and a political subdivision if both are involved. After such an action is commenced, it may be dismissed only with leave of the court, taking into account the public purposes of this chapter and the best interests of the parties.

    2.  A complaint filed pursuant to this section must be placed under seal and so remain until the attorney general has elected whether to intervene. No service may be made upon the defendant until the complaint is unsealed.


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1999 Statutes of Nevada, Page 826 (Chapter 156, SB 418)

 

    3.  On the date the private plaintiff files his complaint, he shall send a copy of the complaint to the attorney general by mail with return receipt requested. He shall send with each copy of the complaint a written disclosure of substantially all material evidence and information he possesses.

    Sec. 12.  1.  Within 120 days after receiving a complaint and disclosure, the attorney general may intervene and proceed with the action or he may, for good cause shown, move the court to extend the time for his election whether to proceed. The motion may be supported by affidavits or other submissions in chambers.

    2.  If the attorney general elects to intervene, the complaint must be unsealed. If the attorney general elects not to intervene, the private plaintiff may proceed and the complaint must be unsealed.

    Secs. 13 and 14.  (Deleted by amendment.)

    Sec. 15.  1.  If the attorney general intervenes, the private plaintiff remains a party to an action pursuant to section 11 of this act.

    2.  The attorney general may move to dismiss the action for good cause. The private plaintiff must be notified of the filing of the motion and is entitled to oppose it and present evidence at the hearing.

    3.  Except as otherwise provided in this subsection, the attorney general may settle the action. If the attorney general intends to settle the action, he shall notify the private plaintiff of that fact. Upon the request of the private plaintiff, the court shall determine whether settlement of the action is consistent with the public purposes of this chapter and shall not approve the settlement of the action unless it determines that such settlement is consistent with the public purposes of this chapter.

    Sec. 16.  1.  The defendant is entitled to 30 days in which to respond after a complaint filed pursuant to section 11 of this act is unsealed and served upon him.

    2.  If a private plaintiff brings an action pursuant to this chapter, no other person may bring another action pursuant to this chapter based on the same facts.

    3.  An action may not be maintained by a private plaintiff pursuant to this chapter:

    (a) Against a member of the legislature or the judiciary, an elected officer of the executive department of the state government, or a member of the governing body of a political subdivision, if the action is based upon evidence or information known to the state or political subdivision at the time the action was brought.

    (b) If the action is based upon allegations or transactions that are the subject of a civil action or an administrative proceeding for a monetary penalty to which the state or political subdivision is already a party.

    Sec. 17.  1.  If the attorney general elects not to intervene in an action pursuant to section 11 of this act, the private plaintiff has the same rights in conducting the action as the attorney general would have had. A copy of each pleading or other paper filed in the action, and a copy of the transcript of each deposition taken, must be mailed to the attorney general if the attorney general so requests and pays the cost thereof.


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1999 Statutes of Nevada, Page 827 (Chapter 156, SB 418)

 

    2.  Upon timely application, the attorney general may intervene in an action in which he has previously declined to intervene, if the interest of the state or a political subdivision in recovery of the money or property involved is not being adequately represented by the private plaintiff.

    3.  If the attorney general so intervenes, the private plaintiff retains primary responsibility for conducting the action and any recovery must be apportioned as if the attorney general had not intervened.

    Sec. 18.  As used in sections 19 to 22, inclusive, of this act, “recovery” includes civil penalties and does not include any allowance of expenses or attorney’s fees.

    Sec. 19.  If the attorney general initiates an action pursuant to this chapter, 33 percent of any recovery must be paid into the state general fund to the credit of a special account, for use by the attorney general as appropriated or authorized by the legislature in the investigation and prosecution of false claims.

    Sec. 20.  1.  If the attorney general intervenes at the outset in an action pursuant to section 11 of this act, the private plaintiff is entitled, except as otherwise provided in section 21 of this act, to receive not less than 15 percent or more than 33 percent of any recovery, according to the extent of his contribution to the conduct of the action.

    2.  If the attorney general does not intervene in the action at the outset, the private plaintiff is entitled, except as otherwise provided in section 21 of this act, to receive not less than 25 percent or more than 50 percent of any recovery, as the court determines to be reasonable.

    Sec. 21.  1.  If the action is one described in section 26 of this act, the present or former employee of the state or political subdivision is not entitled to any minimum percentage of any recovery, but the court may award him no more than 33 percent of the recovery if the attorney general intervenes in the action at the outset, or no more than 50 percent if the attorney general does not intervene, according to the significance of his information, the extent of his contribution to the conduct of the action and the response to his efforts to report the false claim and gain recovery through other official channels.

    2.  If the private plaintiff is a present or former employee of the state or a political subdivision and benefited financially from the fraudulent activity, he is not entitled to any minimum percentage of any recovery, but the court may award him no more than 33 percent of the recovery if the attorney general intervenes in the action at the outset, or no more than 50 percent if the attorney general does not intervene, according to the significance of his information, the extent of his contribution to the conduct of the action, the extent of his involvement in the fraudulent activity, his attempts to avoid or resist the activity and the other circumstances of the activity.

    Sec. 22.  The portion of any recovery not apportioned pursuant to sections 19, 20 and 21 of this act must be paid into the state general fund if the money, property or services were provided only by the state, or into the general fund of the political subdivision if they were provided only by a political subdivision. If the action involved both the state and a political subdivision, the court shall apportion the remaining portion of any recovery between them according to the respective values of the money, property or services provided by each.


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1999 Statutes of Nevada, Page 828 (Chapter 156, SB 418)

 

recovery between them according to the respective values of the money, property or services provided by each.

    Sec. 23.  1.  If the attorney general or a private plaintiff prevails in or settles an action pursuant to section 11 of this act, the private plaintiff is entitled to a reasonable amount for expenses that the court finds were necessarily incurred, including reasonable costs, attorney’s fees and the fees of expert consultants and expert witnesses. Those expenses must be awarded against the defendant, and may not be allowed against the state or a political subdivision.

    2.  If the defendant prevails in the action, the court may award him reasonable expenses and attorney’s fees against the party or parties who participated in the action if it finds that the action was clearly frivolous or vexatious or brought solely for harassment.

    Sec. 24.  1.  The court may stay discovery by a private plaintiff for not more than 60 days if the attorney general shows that the proposed discovery would interfere with the investigation or prosecution of a civil or criminal matter arising out of the same facts, whether or not the attorney general participates in the action.

    2.  The court may extend the stay upon a further showing that the attorney general has pursued the civil or criminal investigation or proceeding with reasonable diligence and the proposed discovery would interfere with its continuation. Discovery may not be stayed for a total of more than 6 months over the objection of the private plaintiff, except for good cause shown by the attorney general.

    3.  A showing made pursuant to this section must be made in chambers.

    Sec. 25.  Upon a showing by the attorney general that unrestricted participation by a private plaintiff would interfere with or unduly delay the conduct of an action, or would be repetitious, irrelevant or solely for harassment, the court may limit his participation by, among other measures, limiting:

    1.  The number of witnesses he may call;

    2.  The length of the testimony of the witnesses; or

    3.  His cross-examination of witnesses.

    Sec. 26.  No action may be maintained pursuant to section 11 of this act that is based upon information discovered by a present or former employee of the state or a political subdivision during his employment, unless he first in good faith exhausted internal procedures for reporting and seeking recovery of the proceeds of the fraudulent activity through official channels and the state or political subdivision failed to act on the information provided for at least 6 months.

    Sec. 27.  1.  No action may be maintained pursuant to this chapter that is based upon the public disclosure of allegations or transactions in a criminal, civil or administrative hearing, in an investigation, report, hearing or audit conducted by or at the request of a house of the legislature, an auditor or the governing body of a political subdivision, or from the news media, unless the action is brought by the attorney general or an original source of the information.

    2.  As used in this section, “original source” means a person:


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1999 Statutes of Nevada, Page 829 (Chapter 156, SB 418)

 

    (a) Who has direct and independent knowledge of the information on which the allegations were based;

    (b) Who voluntarily provided the information to the state or political subdivision before bringing an action based on the information; and

    (c) Whose information provided the basis or caused the making of the investigation, hearing, audit or report that led to the public disclosure.

    Sec. 28.  1.  An employer shall not adopt or enforce any rule or policy forbidding an employee to disclose information to the state, a political subdivision or a law enforcement agency or to act in furtherance of an action pursuant to this chapter, including investigation for, bringing or testifying in such an action.

    2.  An employer shall not discharge, demote, suspend, threaten, harass, deny promotion to or otherwise discriminate against an employee in the terms or conditions of his employment because of lawful acts done by him on his own behalf or on behalf of others in disclosing information to the state, a political subdivision or a law enforcement agency in furtherance of an action pursuant to this chapter, including investigation for, bringing or testifying in such an action.

    Sec. 29.  1.  An employer who violates subsection 2 of section 28 of this act is liable to the affected employee in a civil action for all relief necessary to make him whole, including, without limitation, reinstatement with the same seniority as if the discrimination had not occurred or damages in lieu of reinstatement if appropriate, twice the amount of lost compensation, interest on the lost compensation, any special damage sustained as a result of the discrimination and punitive damages if appropriate. The employer is also liable for expenses recoverable pursuant to section 23 of this act, costs and attorney’s fees.

    2.  An employee is entitled to the remedies provided in subsection 1 only if:

    (a) He voluntarily disclosed information to the state or a political subdivision or voluntarily acted in furtherance of an action pursuant to this chapter; and

    (b) He was harassed, threatened with termination or demotion, or otherwise coerced by his employer into any participation in fraudulent activity.

    Sec. 30.  1.  An action pursuant to this chapter may not be commenced more than 3 years after the date of discovery of the fraudulent activity by the attorney general or more than 5 years after the fraudulent activity occurred, whichever is earlier. Within those limits, an action may be based upon fraudulent activity that occurred before October 1, 1999.

    2.  In an action pursuant to this chapter, the standard of proof is a preponderance of the evidence. A finding of guilt in a criminal proceeding charging false statement or fraud, whether upon a verdict of guilty or a plea of guilty or nolo contendere, estops the person found guilty from denying an essential element of that offense in an action pursuant to this chapter based upon the same transaction as the criminal proceeding.

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1999 Statutes of Nevada, Page 830

 

CHAPTER 157, SB 412

Senate Bill No. 412–Senators Mathews, Rawson, Amodei, Coffin and Washington

 

CHAPTER 157

 

AN ACT relating to children; providing for protective custody for children upon the death of a parent that is or may be a result of domestic violence; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

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

 

    Section 1.  NRS 432B.330 is hereby amended to read as follows:

    432B.330  1.  A child is in need of protection if:

    (a) He has been abandoned by a person responsible for his welfare;

    (b) He is suffering from congenital drug addiction or the fetal alcohol syndrome, because of the faults or habits of a person responsible for his welfare;

    (c) He has been subjected to abuse or neglect by a person responsible for his welfare;

    (d) He is in the care of a person responsible for his welfare and another child has died as a result of abuse or neglect by that person; or

    (e) He has been placed for care or adoption in violation of law.

    2.  A child may be in need of protection if the person responsible for his welfare:

    (a) Is unable to discharge his responsibilities to and for the child because of incarceration, hospitalization or other physical or mental incapacity;

    (b) Fails, although he is financially able to do so or has been offered financial or other means to do so, to provide for the following needs of the child:

         (1) Food, clothing or shelter necessary for the child’s health or safety;

         (2) Education as required by law; or

         (3) Adequate medical care; or

    (c) Has been responsible for the abuse or neglect of a child who has resided with that person.

    3.  A child may be in need of protection if the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.

    Sec. 2.  NRS 432B.390 is hereby amended to read as follows:

    432B.390  1.  An agent or officer of a law enforcement agency, an officer of the local juvenile probation department or the local department of juvenile services or a designee of an agency which provides protective services [may] :

    (a) May place a child in protective custody without the consent of the person responsible for the child’s welfare if he has reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect.

    (b) Shall place a child in protective custody upon the death of a parent of the child, without the consent of the person responsible for the welfare of the child, if the agent, officer or designee has reasonable cause to believe that the death of the parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.


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1999 Statutes of Nevada, Page 831 (Chapter 157, SB 412)

 

of the child, if the agent, officer or designee has reasonable cause to believe that the death of the parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.

    2.  If there is reasonable cause to believe that the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, a protective custody hearing must be held pursuant to NRS 432B.470, whether the child was placed in protective custody or with a relative. If an agency other than an agency which provides protective services becomes aware that there is reasonable cause to believe that the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, that agency shall immediately notify the agency which provides protective services and a protective custody hearing must be scheduled.

    3.  An agency which provides protective services shall request the assistance of a law enforcement agency in the removal of the child if it has reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm.

    [2.] 4.  Before taking a child for placement in protective custody, the person taking the child shall show his identification to any person who is responsible for the child and is present at the time the child is taken. If a person who is responsible for the child is not present at the time the child is taken, the person taking the child shall show his identification to any other person upon request. The identification required by this subsection must be a single card that contains a photograph of the person taking the child and identifies him as a person authorized pursuant to subsection 1 to place a child in protective custody.

    [3.] 5.  A child placed in protective custody pending an investigation and a hearing held pursuant to NRS 432B.470 must be placed in a hospital, if the child needs hospitalization, or in a shelter, which may include a foster home or other home or facility which provides care for those children, but the child must not be placed in a jail or other place for detention, incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.

    [4.] 6.  A person placing a child in protective custody shall:

    (a) Immediately take steps to protect all other children remaining in the home or facility, if necessary;

    (b) Immediately make a reasonable effort to inform the person responsible for the child’s welfare that the child has been placed in protective custody;

    (c) Give preference in placement of the child to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state; and

    (d) As soon as practicable, inform the agency which provides protective services and the appropriate law enforcement agency.

    [5.] 7.  If a child is placed with any person who resides outside this state, the placement must be in accordance with NRS 127.330.


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1999 Statutes of Nevada, Page 832 (Chapter 157, SB 412)

 

    Sec. 3.  NRS 432B.490 is hereby amended to read as follows:

    432B.490  1.  An agency which provides protective services:

    (a) [Shall,] In cases where the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, shall within 10 days after the hearing on protective custody initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510;

    (b) In other cases where a hearing on protective custody is held, shall within 10 days after the hearing on protective custody, unless good cause exists, initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510 or recommend against any further action in court; or

    [(b)] (c) If a child is not placed in protective custody, may, after an investigation is made under NRS 432B.010 to 432B.400, inclusive, file a petition which meets the requirements set forth in NRS 432B.510.

    2.  If the agency recommends against further action, the court may, on its own motion, initiate proceedings when it finds that it is in the best interests of the child.

    3.  If a child has been placed in protective custody and if further action in court is taken, an agency which provides protective services shall make recommendations to the court concerning whether the child should be returned to the person responsible for his welfare pending further action in court.

    Sec. 4.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 158, SB 433

Senate Bill No. 433–Senator Porter

 

CHAPTER 158

 

AN ACT relating to local government finance; requiring each local government to prepare a capital improvement plan; authorizing local governments to enter into contracts for the construction or completion of certain public works before the issuance of bonds or medium-term obligations under certain circumstances; authorizing counties to acquire securities issued by municipalities within those counties that are issued for infrastructure projects under certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

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

 

    Section 1.  Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  On or before July 1 of each year, each local government shall prepare, on a form prescribed by the department of taxation for use by local governments, a capital improvement plan for the ensuing 5 fiscal years.

    2.  Each local government must submit a copy of the capital improvement plan of the local government to the:

    (a) Department of taxation; and


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1999 Statutes of Nevada, Page 833 (Chapter 158, SB 433)

 

    (b) Debt management commission of the county in which the local government is located.

    3.  Each local government must file a copy of the capital improvement plan of the local government for public record and inspection by the public in the offices of:

    (a) The clerk or secretary of the governing body; and

    (b) The county clerk.

    4.  The total amount of the expenditures contained in the capital improvement plan of the local government for the next ensuing fiscal year must equal the total amount of expenditures for capital outlay set forth in the final budget of the local government for each fund listed in that budget.

    Sec. 2.  NRS 354.470 is hereby amended to read as follows:

    354.470  NRS 354.470 to 354.626, inclusive, and section 1 of this act may be cited as the Local Government Budget Act.

    Sec. 3.  NRS 354.59801 is hereby amended to read as follows:

    354.59801  Each local government shall file in the office of the clerk or secretary of its governing body, for public record and inspection:

    1.  A copy of its final budget;

    2.  A copy of its final plan for capital improvements [;] prepared pursuant to section 1 of this act and, if applicable, NRS 350.0035; and

    3.  A report of its proposed expenditures for the following fiscal year, written in the same detail as its chart of accounts. The total amount of these expenditures must equal the total amount of expenditures contained in its final budget for each department and fund listed in that budget.

    Sec. 4.  NRS 354.626 is hereby amended to read as follows:

    354.626  1.  No governing body or member thereof, officer, office, department or agency may, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, medium-term obligation repayments, and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, is guilty of a misdemeanor, and upon conviction thereof ceases to hold his office or employment. Prosecution for any violation of this section may be conducted by the attorney general, or, in the case of incorporated cities, school districts or special districts, by the district attorney.

    2.  Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:

    (a) Purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof.

    (b) Long-term cooperative agreements as authorized by chapter 277 of NRS.

    (c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.

    (d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.

    (e) Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract or contracts entered into between local government employers and employee organizations.


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1999 Statutes of Nevada, Page 834 (Chapter 158, SB 433)

 

such contract or contracts entered into between local government employers and employee organizations.

    (f) Contracts between a local government and any person for the construction or completion of public works, money for which has been or will be provided by the proceeds of a sale of bonds or medium-term obligations [.] and that are entered into by the local government after:

         (1) Any election required for the approval of the bonds has been held;

         (2) Any approvals by any other governmental entity required to be obtained before the bonds or medium-term obligations can be issued have been obtained; and

         (3) The ordinance or resolution that specifies each of the terms of the bonds or medium-term obligations, except those terms that are set forth in paragraphs (a) to (e), inclusive, of subsection 2 of NRS 350.165, has been adopted.

Neither the fund balance of a governmental fund nor the equity balance in any proprietary fund may be used unless appropriated in a manner provided by law.

    (g) Contracts which are entered into by a local government and delivered to any person solely for the purpose of acquiring supplies and equipment necessarily ordered in the current fiscal year for use in an ensuing fiscal year, and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available for inspection by any person on demand.

    (h) Long-term contracts for the furnishing of television or FM radio broadcast translator signals as authorized by NRS 269.127.

    (i) The receipt and proper expenditure of money received pursuant to a grant awarded by an agency of the Federal Government.

    (j) The incurrence of obligations beyond the current fiscal year under a lease or contract for installment purchase which contains a provision that the obligation incurred thereby is extinguished by the failure of the governing body to appropriate money for the ensuing fiscal year for the payment of the amounts then due.

    Sec. 5.  Chapter 244A of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 11, inclusive, of this act.

    Sec. 6.  “Infrastructure project” means:

    1.  A capital improvement for fire protection, a library, a building, a park or police protection that a municipality is authorized to improve, acquire or equip pursuant to a law other than the County Bond Law; or

    2.  For a water authority or any municipality whose governing body is composed of only the members of the board, a capital improvement for a water system or a sanitary sewer that the municipality is authorized to improve, acquire or equip pursuant to a law other than the County Bond Law.

    Sec. 7.  “Lending project” means the acquisition of municipal securities issued by a municipality located wholly or partially within the county acquiring the municipal securities for one or more infrastructure projects or for the refunding of municipal securities previously acquired as part of a lending project by a county for one or more infrastructure projects or any combination thereof.


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1999 Statutes of Nevada, Page 835 (Chapter 158, SB 433)

 

part of a lending project by a county for one or more infrastructure projects or any combination thereof.

    Sec. 8.  “Municipal securities” means notes, warrants, interim debentures, bonds and temporary bonds issued by a municipality pursuant to a law other than the County Bond Law which are:

    1.  General obligations payable from ad valorem taxes that are approved by the voters of the municipality issued for a capital improvement of a library or park;

    2.  General obligations payable from ad valorem taxes that are approved by the voters of the municipality or are approved pursuant to subsection 3 of NRS 350.020 issued for a capital improvement of an infrastructure project other than a library or park; or

    3.  Revenue obligations of a water authority that are payable from revenues of:

    (a) The water system of the water authority;

    (b) One or more of the municipalities that are members of the water authority; or

    (c) Any combination of the entities described in paragraphs (a) and (b).

    Sec. 9.  “Municipality” means any city, town, school district, library district, consolidated library district, fire protection district, district for a fire department, park district, general improvement district organized pursuant to chapter 318 of NRS, water district organized pursuant to a special act or water authority organized as a political subdivision created by cooperative agreement whose members include at least the two largest municipal retail water purveyors in the county.

    Sec. 10.  “Revenues of a lending project” means any money, except the proceeds of taxes levied by the county, received by the county pursuant to any lending project, including, without limitation:

    1.  Money derived from any source of revenue connected with a lending project, including, without limitation, payments by a municipality of the principal, interest or redemption premium of any municipal security, and any other income derived from the operation or administration of a lending project or the sale or other disposal of municipal securities or other assets acquired in connection with a lending project;

    2.  Loans, grants or contributions to the county from the Federal Government for the payment of the principal, interest and redemption premiums of county securities;

    3.  Fees or charges paid by a municipality in connection with a lending project; and

    4.  Money derived from the investment and reinvestment of the money described in subsections 1, 2 or 3.

    Sec. 11.  In connection with any lending project, a county may:

    1.  Require additional security or credit enhancement for payment of municipal securities acquired as it deems prudent.

    2.  Make contracts and execute all necessary or desirable instruments or documents not in conflict with the requirements of the County Bond Law.

    3.  Provide by ordinance for its standards, policies and procedures for financing lending projects.


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1999 Statutes of Nevada, Page 836 (Chapter 158, SB 433)

 

    4.  Acquire and hold municipal securities and execute the rights of the holder of those municipal securities.

    5.  Sell or otherwise dispose of municipal securities unless the county is limited by any agreement that is related to those securities.

    6.  Refund any county general obligations issued for a lending project if the county and the municipality agree to the disposition of any savings resulting from the refunding.

    7.  Require payment by a municipality that participates in a lending project of the fees and expenses of the county in connection with the lending project.

    8.  Secure the payment of county general obligations issued for a lending project with a pledge of revenues of the lending project. If the revenues of a lending project are formally pledged to the county bonds issued to finance a lending project, the board may treat the revenues of the lending project financed by an issue of county general obligation bonds as pledged revenues pursuant to subsection 3 of NRS 350.020.

    Sec. 12.  NRS 244A.011 is hereby amended to read as follows:

    244A.011  NRS 244A.011 to 244A.065, inclusive, and sections 6 to 11, inclusive, of this act shall be known as the County Bond Law.

    Sec. 13.  NRS 244A.013 is hereby amended to read as follows:

    244A.013  Except where the context otherwise requires, the definitions in NRS 244A.015 to 244A.056, inclusive, and sections 6 to 10, inclusive, of this act govern the construction hereof.

    Sec. 14.  NRS 244A.057 is hereby amended to read as follows:

    244A.057  Any board, upon behalf of the county and in its name, may acquire, improve, equip, operate and maintain, within the county:

    1.  A building project;

    2.  A drainage and flood control project;

    3.  A lending project if the county has adopted an ordinance pursuant to subsection 3 of section 11 of this act;

    4.  An offstreet parking project;

    [4.] 5.  An overpass project;

    [5.] 6.  A park project;

    [6.] 7.  A sewerage project;

    [7.] 8.  A street project;

    [8.] 9.  An underpass project; and

    [9.] 10.  A water project.

    Sec. 15.  NRS 244A.059 is hereby amended to read as follows:

    244A.059  1.  Subject to the provisions of chapter 350 of NRS, any board, upon behalf of the county and in its name, may issue the county’s general obligation bonds to acquire, improve and equip , [(] or any combination thereof , [),] any project herein authorized, or any part thereof, and thereby to defray the cost of the project wholly or in part.

    2.  A county shall not become indebted by the issuance of bonds or other securities constituting an indebtedness, whether the bonds are issued hereunder or under a special or local law, to an amount in the aggregate, including existing indebtedness of the county, but excluding any outstanding revenue bonds, any outstanding special assessment bonds, or any other outstanding special obligation securities, any short-term securities issued in anticipation of and payable from general [(] ad valorem [)] taxes levied for the current fiscal year, any general obligation indebtedness of the county issued to pay the cost of any lending project, and any indebtedness not evidenced by notes, bonds or other securities, exceeding 10 percent of the total last assessed valuation of the taxable property of the county.


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1999 Statutes of Nevada, Page 837 (Chapter 158, SB 433)

 

anticipation of and payable from general [(] ad valorem [)] taxes levied for the current fiscal year, any general obligation indebtedness of the county issued to pay the cost of any lending project, and any indebtedness not evidenced by notes, bonds or other securities, exceeding 10 percent of the total last assessed valuation of the taxable property of the county.

    3.  A county shall not become indebted by the issuance of general obligation indebtedness to fund the cost of lending projects in an amount exceeding 15 percent of the total last assessed valuation of the taxable property of the county.

    Sec. 16.  NRS 244A.653 is hereby amended to read as follows:

    244A.653  A county whose population is 400,000 or more shall not become indebted for those county recreational purposes under the provisions of NRS 244A.597 to 244A.655, inclusive, by the issuance of general obligation bonds and other general obligation securities, other than any notes or warrants maturing within 1 year from the respective dates of their issuance, but excluding any outstanding revenue bonds, special assessment bonds or other special obligation securities, and excluding any outstanding general obligation notes and warrants, exceeding 5 percent of the total last assessed valuation of the taxable property in the county. [A county whose population is 400,000 or more shall not become indebted in an amount exceeding 10 percent of that valuation by the issuance of any general obligation securities, other than any such notes or warrants, but excluding any outstanding special obligation securities and excluding any outstanding general obligation notes and warrants.]

    Sec. 17.  NRS 244A.655 is hereby amended to read as follows:

    244A.655  A county whose population is less than 400,000 shall not become indebted for those county recreational purposes under the provisions of NRS 244A.597 to 244A.655, inclusive, by the issuance of general obligation bonds and other general obligation securities, other than any notes or warrants maturing within 1 year from the respective dates of their issuance, but excluding any outstanding revenue bonds, special assessment bonds or other special obligation securities, and excluding any outstanding general obligation notes and warrants, exceeding 3 percent of the total last assessed valuation of the taxable property in the county. [A county whose population is less than 400,000 shall not become indebted in an amount exceeding 10 percent of that valuation by the issuance of any general obligation securities, other than any such notes or warrants, but excluding any outstanding special obligation securities and excluding any outstanding general obligation notes and warrants.]

    Sec. 18.  1.  This section and sections 1 to 4, inclusive, of this act become effective upon passage and approval.

    2.  Sections 5 to 17, inclusive, of this act become effective on October 1, 1999.

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1999 Statutes of Nevada, Page 838

 

CHAPTER 159, SB 454

Senate Bill No. 454–Committee on Government Affairs

 

CHAPTER 159

 

AN ACT relating to the City of North Las Vegas; amending the city charter to provide that the city attorney is appointed by, serves at the pleasure of, and is under the general direction and supervision of, the city council; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

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

 

    Section 1.  Section 1.080 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1211, is hereby amended to read as follows:

     Sec. 1.080  Appointment of officers; city manager’s director.

     1.  [All] Except as otherwise provided in section 3.050, all officers, not elected or covered under the civil service system, [shall] must be appointed by the city manager subject to ratification by the city council.

     2.  All departments, offices and agencies under the direction and supervision of the city manager [shall] must be administered by an officer subject to the direction and supervision of the city manager. With the consent of the city council, the city manager may serve as the head of two or more departments, offices or agencies or may appoint one person to be head of two or more departments, offices or agencies.

     3.  All appointive officers of the city [shall] are entitled to receive such salary as may be designated by the city council.

     4.  The city council may require from all other officers and employees of the city constituted or appointed under this charter, except councilmen, sufficient security for the faithful and honest performance of their respective duties.

    Sec. 2.  Section 3.050 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1221, is hereby amended to read as follows:

     Sec. 3.050  City attorney: [Qualifications; duties.] Appointment; salary; qualifications; duties; removal.

     1.  The city council shall appoint a city attorney and fix his salary.

     2.  The city attorney [shall] must be a duly licensed member of the State Bar of Nevada.

     [2.] 3.  The city attorney [shall be] is the chief legal officer of the city and shall perform such duties as may be designated by the city council or prescribed by ordinance.

   4.  The city attorney is under the general direction and supervision of the city council.


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1999 Statutes of Nevada, Page 839 (Chapter 159, SB 454)

 

   5.  The city attorney serves at the pleasure of the city council and may be removed by an affirmative vote of a majority of the entire membership of the city council at any time.

________

 

CHAPTER 160, SB 465

Senate Bill No. 465–Committee on Commerce and Labor

 

CHAPTER 160

 

AN ACT relating to financial institutions; authorizing banks to maintain trust offices in various locations under certain circumstances; authorizing the commissioner of financial institutions to collect fees for trust offices; clarifying the circumstances under which a foreign trust company or bank may be appointed to act as fiduciary in this state; amending the requirements for the articles of incorporation and organization of a trust company; amending certain requirements of an application for a license as a trust company; providing for the qualifications of the directors and officers of a trust company; revising the investment powers of a trust company; authorizing the commissioner of financial institutions to impose administrative penalties for violations of certain provisions governing trust companies; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

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

 

    Section 1.  NRS 658.096 is hereby amended to read as follows:

    658.096  1.  The commissioner shall charge and collect the following fees in connection with his official duties:

    (a) For licensing of state banks:

         (1) A fee of $200 for each parent bank, payable on June 30 of each year.

         (2) A fee of $100 for each branch bank [,] or trust office, payable on June 30 of each year.

The fees must accompany the application for renewal of the license. A penalty of 10 percent of the fee must be charged for each month or part of a month that the fees are not paid after June 30 of each year.

    (b) For applications for new branch banks [,] or trust offices, a nonrefundable fee of $200 for the application and survey , to be paid by the applicant at the time of making the application. The applicant [shall] must also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative account created by NRS 232.545.

    (c) For examinations and the examination of trust departments of state banks [,] or trust offices, a fee for conducting the examination and [in] for preparing and typing the report of the examination at the rate established pursuant to NRS 658.101.

    2.  Except as otherwise provided in paragraph (b) of subsection 1, all money collected pursuant this section must be paid into the state general fund.

    3.  As used in this section, “trust office” has the meaning ascribed to it in subsection 4 of section 4 of this act.


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1999 Statutes of Nevada, Page 840 (Chapter 160, SB 465)

 

    Sec. 2.  Chapter 662 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

    Sec. 3.  As used in NRS 662.235 and 662.245 and section 4 of this act, “business of a trust company” or “trust company business” has the meaning ascribed to it in section 7 of this act.

    Sec. 4.  1.  A bank organized under this Title may maintain trust offices in this or other states with the written consent of the commissioner.

    2.  Any action taken by the commissioner pursuant to subsection 1 is subject to review in the manner provided in NRS 659.055.

    3.  The commissioner may adopt regulations establishing reasonable conditions and requirements for the approval and maintenance of trust offices.

    4.  As used in this section, “trust office” means an office, other than the principal office, at which a bank organized under this Title is authorized by the commissioner to conduct the business of a trust company.

    Sec. 5.  NRS 662.245 is hereby amended to read as follows:

    662.245  1.  [Except as otherwise specifically provided by statute, no bank or other organization, and no officer, employee or agent of such an organization, acting on its behalf,] An organization that does not maintain an office in this state to conduct the business of a trust company may be appointed to act as fiduciary by any court or by authority of any law of this state [unless,] if, in addition to any other requirements of law, the [bank or other organization:

    (a) Is organized under the laws of and has its principal place of business in this state or is a depository institution authorized by the commissioner to operate a branch or agency in this state;

    (b) Is a national banking association which has its principal place of business in this state;

    (c)] organization:

    (a) Associates as cofiduciary a bank [whose principal place of business is] authorized to do business in this state [; or

    (d) Is a national bank, banking corporation,] or a trust company licensed pursuant to chapter 669 of NRS; or

    (b) Is a trust corporation or trust company which:

         (1) Is organized under the laws of and has its principal place of business in another state which allows [banks,] trust corporations or trust companies [organized under the laws of this state] licensed pursuant to chapter 669 of NRS to act as fiduciary [;] in that state;

         (2) Is authorized by its charter to act as fiduciary; and

         (3) Before the appointment as fiduciary, files with the secretary of state a document, acknowledged before a notarial officer, which:

             (I) Appoints the secretary of state as its agent upon whom all process in any action or proceeding against it may be served;

             (II) Contains its agreement that the appointment continues in force as long as any liability remains outstanding against it in this state, and that any process against it which is served on the secretary of state is of the same legal validity as if served on it personally;

             (III) Contains an address to which the secretary of state may mail the process when received; and


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             (IV) Is accompanied by a fee of $10.

A copy of the document required by this subparagraph, certified by the secretary of state, is sufficient evidence of the appointment and agreement.

    2.  A court [with] which has jurisdiction over the accounts of a fiduciary that is a [national bank, banking corporation,] trust corporation or trust company described in paragraph [(d)] (b) of subsection 1 [,] may require [such a] the fiduciary to provide a bond to ensure the performance of its duties as fiduciary, in the same manner and to the same extent as the court may require such a bond from a fiduciary that is a [banking or other corporation] bank or trust company described in paragraph (a) [or (b)] of subsection 1.

    3.  Service of process authorized by subparagraph (3) of paragraph [(d)] (b) of subsection 1 must be made by filing with the secretary of state:

    (a) Two copies of the legal process. The copies must include a specific citation to the provisions of this section. The secretary of state may refuse to accept such service if the proper citation is not included in each copy.

    (b) A fee of $10.

The secretary of state shall forthwith forward one copy of the legal process to the [bank or other] organization, by registered or certified mail prepaid to the address provided in the document filed pursuant to subparagraph (3) of paragraph [(d)] (b) of subsection 1.

    4.  As used in this section:

    (a) “Fiduciary” means an executor, commissioner, guardian of minors or estates, receiver, depositary or trustee.

    (b) “Notarial officer” has the meaning ascribed to it in NRS 240.005.

    (c) “State” means any state or territory of the United States, or the District of Columbia.

    Sec. 6.  Chapter 669 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 10, inclusive, of this act.

    Sec. 7.  “Business of a trust company” or “trust company business” means the holding out by a person, by advertising, solicitation or other means, that it is available to act as a fiduciary in this state and undertaking to act as a fiduciary in the regular course of its business.

    Sec. 8.  “Fiduciary” means a trustee, executor, administrator, guardian of an estate, conservator, assignee for the benefit of creditors, receiver, depositary or person that receives on deposit money or property from a public administrator under any provision of this chapter or from another fiduciary.

    Sec. 9.  1.  If the commissioner ascertains by examination or otherwise that the capital or assets of a trust company are impaired or that the affairs of a trust company are in an unsafe condition which may result in danger to the public, he may immediately take possession of all the property, business and assets of the company which are located in this state and retain possession of them pending further proceedings as provided in this chapter.

    2.  If the directors or officers of a corporation or the managers or members acting in a managerial capacity of a limited-liability company refuse to allow the commissioner to take possession of the property of the company, the commissioner shall communicate that fact to the attorney general.


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general. Upon notification from the commissioner, the attorney general shall immediately institute such proceedings as may be necessary to place the commissioner in immediate possession of the property of the company. Upon possession of the property, the commissioner shall make or have made an inventory of the assets and known liabilities of the company.

    3.  The commissioner shall file one copy of the inventory in his office and one copy in the office of the clerk of the district court of the county in which the principal office of the trust company is located and shall mail one copy to each director or officer of the corporation, or the manager or member acting in a managerial capacity of the limited-liability company, at his last known address.

    4.  The clerk of the court with which the copy of the inventory is filed shall file it as any other case or proceeding pending in the court and shall give it a docket number.

    Sec. 10.  1.  The directors or officers of a corporation or the managers or members acting in a managerial capacity of a limited-liability company licensed as a trust company may, within 60 days after the date the commissioner takes possession of the property, business and assets of the corporation or limited-liability company licensed as a trust company, make good any deficit that exists or remedy the unsafe condition of the affairs of the corporation or limited-liability company licensed as a trust company.

    2.  At the expiration of the 60-day period set forth in subsection 1, if the deficiency in assets or capital has not been made good or the unsafe condition remedied, the commissioner may apply to the court to be appointed receiver and proceed to liquidate the assets of the company that are located in this state in the same manner as now provided by law for liquidation of a private corporation in receivership.

    3.  Another person may not be appointed receiver by any court unless he first gives the commissioner ample notice of his application.

    4.  The inventory made by the commissioner pursuant to section 9 of this act and all claims filed by creditors are open at all reasonable times for inspection, and any action taken by the receiver upon any of the claims is subject to the approval of the court before which the cause is pending.

    5.  The expenses of the receiver and compensation of counsel, as well as all expenditures required in the liquidation proceedings, must be fixed by the commissioner subject to the approval of the court and, upon certification of the commissioner, must be paid out of the money in his hands as the receiver.

    Sec. 11.  NRS 669.020 is hereby amended to read as follows:

    669.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [669.030] 669.040 to 669.070, inclusive, and sections 7 and 8 of this act have the meanings ascribed to them in [such] those sections.

    Sec. 12.  NRS 669.040 is hereby amended to read as follows:

    669.040  “Court trust” means [the action of a trust company acting under] a fiduciary relationship created by an appointment, order or decree [of any court as executor, administrator, guardian, conservator, assignee, receiver, depositary or trustee, or receiving on deposit money or property from a public administrator under any provision of this chapter or from any executor, administrator, guardian, conservator, assignee, receiver, depositary or trustee under any order or decree] of any court.


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executor, administrator, guardian, conservator, assignee, receiver, depositary or trustee under any order or decree] of any court.

    Sec. 13.  NRS 669.050 is hereby amended to read as follows:

    669.050  “Private trust” means [every other trust, agency,] a fiduciary relationship [or representative capacity] other than a court trust.

    Sec. 14.  NRS 669.070 is hereby amended to read as follows:

    669.070  “Trust company” means a corporation [organized and] or limited‑liability company licensed as provided in this chapter and engaged in a trust company business.

    Sec. 15.  NRS 669.080 is hereby amended to read as follows:

    669.080  1.  This chapter does not apply to [:

    1.  Banks or banking institutions regulated under the provisions of chapters 657 to 668, inclusive, of NRS;

    2.  Savings and loan institutions regulated under chapter 673 of NRS;

    3.  Title insurers but only respecting escrows;

    4.  Nonprofit, charitable trusts or trust associations; or

    5.  Any person, if:

    (a)] a person who:

    (a) Does business under the laws of this state, the United States or another state relating to banks, savings banks, savings and loan associations or thrift companies, but if the business conducted in this state is not subject to supervision by a regulatory authority of another jurisdiction, the person must be licensed pursuant to this chapter;

    (b) Is appointed as a fiduciary pursuant to NRS 662.245;

    (c) Is acting in the performance of his duties as an attorney at law;

    (d) Acts as a trustee under a deed of trust;

    (e) Acts as a resident agent for a domestic or foreign corporation, limited-liability company, limited partnership or limited-liability partnership;

    (f) Acts as a trustee of a trust holding real property for the primary purpose of facilitating any transaction with respect to real estate if he is not regularly engaged in the business of acting as a trustee for such trusts;

    (g) Engages in the business of a collection agency pursuant to chapter 649 of NRS;

    (h) Engages in the business of an escrow agency, escrow agent or escrow officer pursuant to the provisions of chapter 645A or 692A of NRS;

    (i) Acts as a trustee of a trust created for charitable or nonprofit purposes if he is not regularly engaged in the business of acting as trustee for such trusts;

    (j) Receives money or other property as a real estate broker licensed under chapter 645 of NRS on behalf of a principal;

    (k) Engages in transactions as a broker-dealer or sales representative pursuant to chapter 90 of NRS;

    (l) Acts as a fiduciary under a court trust;

    (m) Does business as an insurer authorized to issue policies of life insurance and annuities or endowment contracts in this state and is subject to regulation and control of the commissioner of insurance; or

    (n) Acts as a fiduciary if:

         (1) The fiduciary relationship is not one of his principal occupations; or


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1999 Statutes of Nevada, Page 844 (Chapter 160, SB 465)

 

    [(b)] (2) He serves as [trustee] a fiduciary for a relative by blood or marriage.

    2.  A bank, savings bank, savings and loan association or thrift company claiming an exemption from this chapter pursuant to paragraph (a) of subsection 1 must notify the commissioner of financial institutions of its intention to engage in the business of a trust company in this state and present proof satisfactory to the commissioner of financial institutions that its fiduciary activities in this state will be subject to regulation by another jurisdiction.

    Sec. 16.  NRS 669.095 is hereby amended to read as follows:

    669.095  1.  Except as otherwise provided in subsection 2, no person [, partnership, firm, association, corporation or other business] or organization formed and doing business under the laws of this state or any other state may:

    (a) Use the word “trust” or any direct derivative of that word as a part of its name.

    (b) Advertise or use any sign with the word “trust” used as a part of its name.

    2.  The provisions of subsection 1 do not apply to a person or [business] organization which:

    (a) Is supervised by the commissioner of financial institutions pursuant to this chapter or chapters 657 to 668, inclusive, [or] 673 or 677 of NRS; [or]

    (b) Is doing business under the laws of the United States or another state relating to banks, savings banks, savings and loan associations or thrift companies;

    (c) Is acting under an appointment pursuant to NRS 662.245; or

    (d) Is supervised by the commissioner of insurance.

    Sec. 17.  NRS 669.110 is hereby amended to read as follows:

    669.110  [Any three or more persons, a majority of whom shall be residents of this state, may execute articles of incorporation and be incorporated as a trust company in the manner prescribed in this chapter.] An applicant for a license to conduct the business of a trust company under this chapter must be organized as a corporation or limited‑liability company under the laws of this state or authorized to do business in this state as a foreign corporation or foreign limited‑liability company.

    Sec. 18.  NRS 669.120 is hereby amended to read as follows:

    669.120  1.  [The] If a corporation or limited‑liability company that is engaged in trust company business is organized under the laws of this state, the articles of incorporation or articles of organization must contain:

    (a) The [corporate] name adopted by the [corporation,] trust company, which must be such as to distinguish it from any other trust company formed or incorporated in this state, or engaged in the [trust] business of a trust company in this state [.

    (b) The place where its business is to be conducted.

    (c)] ; and

    (b) The purpose for which it is formed.

    [(d) The amount of its stock, which must be divided into shares of the par value of not less than $1 each.


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1999 Statutes of Nevada, Page 845 (Chapter 160, SB 465)

 

    (e) The name and place of residence of, and the number of shares subscribed by, each stockholder.

    (f) The number of directors, which must not be less than five, and the names of the stockholders selected to act as the first board of directors, each of whom must be a bona fide subscriber for at least $1,000 of the stock of the bank, fully paid and not hypothecated.

    (g) The location of all branch offices as approved by the commissioner.

    (h) Such other matters, not inconsistent with law, as the incorporators deem appropriate.

    2.  The articles of incorporation may also provide for:

    (a) The issuance and sale of preferred stock in such amount as is fixed by the articles or by amendments thereto;

    (b) The amount and number of shares of preferred stock; and

    (c) The terms and conditions of the issuance and sale, which must not be inconsistent with the provisions of this chapter.]

    2.  The provisions of subsection 1 do not apply to a corporation or limited‑liability company engaged in trust company business that is organized under the laws of another state, but it must use a name that distinguishes it from any other trust company organized as or conducting the business of a trust company in this state.

    Sec. 19.  NRS 669.130 is hereby amended to read as follows:

    669.130  [1.  The secretary of state shall issue a certificate in the form provided by law for other corporations, and the existence of the trust company as a corporation begins upon the issuance of the certificate by the secretary of state, from which time it has and may exercise the powers conferred by law upon corporations generally, except as those powers are limited or modified by this chapter.

    2.  The] A trust company shall not transact business, except [the election of officers and the taking and approving of their official bonds, the receipt of payments on account of the subscriptions of the stock and such other business as is] business that is incidental to its organization, until it is authorized by the commissioner to commence the [trust company] business of a trust company as provided in this chapter.

    Sec. 20.  NRS 669.150 is hereby amended to read as follows:

    669.150  1.  [The corporate trust company shall] An applicant must file an application for a license to transact trust company business with the commissioner on forms prescribed by the commissioner, which must contain or be accompanied by such information as the commissioner requires.

    2.  A nonrefundable fee of $1,000 [for the application and survey] must accompany the application. The applicant [shall] must also pay such reasonable additional expenses incurred in the process of investigation as the commissioner deems necessary. In addition, a fee of not less than $100 nor more than $250, prorated on the basis of the licensing year as provided by the commissioner, must be paid at the time of making the application.

    3.  [Any] A trust company may maintain offices in this and other states. For every branch location of a trust company organized under the laws of this state, and every branch location in this state of a foreign trust company authorized to do business in this state, a request for approval and licensing [of a branch location for a trust company] must be filed with the commissioner on such forms as he prescribes.


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1999 Statutes of Nevada, Page 846 (Chapter 160, SB 465)

 

commissioner on such forms as he prescribes. A nonrefundable fee of $250 [for the application and survey] must accompany each request. In addition, a fee of not more than $100, prorated on the basis of the licensing year as provided by the commissioner, must be paid at the time of making the request.

    4.  All money received by the commissioner pursuant to this section must be placed in the investigative account created by NRS 232.545.

    Sec. 21.  NRS 669.160 is hereby amended to read as follows:

    669.160  1.  Within 60 days after the application for a license is filed, the commissioner shall investigate the facts of the application and the other requirements of this chapter to determine:

    (a) That the persons who will serve as directors or officers [are qualified by character and experience.] of the corporation, or the managers or members acting in a managerial capacity of the limited‑liability company, as applicable:

         (1) Have a good reputation for honesty, trustworthiness and integrity and display competence to transact the business of a trust company in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of these qualifications to the commissioner.

         (2) Have not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

         (3) Have not made a false statement of material fact on the application.

         (4) Have not had a license that was issued pursuant to the provisions of this chapter suspended or revoked within the 10 years immediately preceding the date of the application.

         (5) Have not had a license as a trust company which was issued in any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of the application.

         (6) Have not violated any of the provisions of this chapter or any regulation adopted pursuant to the provisions of this chapter.

    (b) That the financial status of the [stockholders,] directors and officers of the corporation or the managers or members acting in a managerial capacity of the limited‑liability company is consistent with their responsibilities and duties.

    (c) That the name of the proposed company is not deceptively similar to the name of another trust company licensed in this state or is not otherwise misleading.

    (d) That the initial stockholders’ equity is not less than the required minimum.

    [(e) The need for trust facilities or additional trust facilities in the community where the proposed trust company is to be located.

    (f) Such other matters concerning the proposed trust company in relation to its location as the commissioner may deem relevant.

    2.  Within 90 days after the application is filed, the commissioner shall conduct a public hearing to consider the application. At least 30 days before the hearing, the commissioner shall give written notice of the hearing to all persons doing a trust business in the community in which the proposed trust company is to be located and to such other persons, institutions or organizations as he deems appropriate.]


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1999 Statutes of Nevada, Page 847 (Chapter 160, SB 465)

 

persons doing a trust business in the community in which the proposed trust company is to be located and to such other persons, institutions or organizations as he deems appropriate.]

    2.  Notice of the entry of an order refusing a license to a trust company must be given in writing, served personally or sent by certified mail or by telegraph to the company affected. The company, upon application, is entitled to a hearing before a hearing officer appointed by the director of the department of business and industry, but if no such application is made within 30 days after the entry of an order refusing a license to any company, the commissioner shall enter a final order.

    3.  If the hearing officer affirms the order of the commissioner refusing the license, the applicant may file a petition for judicial review pursuant to NRS 233B.130.

    Sec. 22.  NRS 669.220 is hereby amended to read as follows:

    669.220  1.  [Every] A trust company:

    (a) Shall keep all trust funds and investments separate from the assets of the trust company, and all investments made by the trust company as a fiduciary must be designated so that the trust or estate to which the investments belong may be clearly identified.

    (b) [Holding] When it holds trust funds awaiting investment or distribution , may deposit or leave those funds on deposit with a state or national bank. The funds must not be deposited or left with the same corporation depositing them or leaving them on deposit, or with a corporation or association holding or owning a majority of the stock of the trust company making or leaving the deposit, unless that corporation or association first pledges, as security for the deposit, securities eligible for investment by state banks which have a market value equal to that of the deposited funds. No security is required with respect to any portion of the deposits that is insured under the provisions of any law of the United States.

    (c) [Acting] When it acts in any capacity under a court trust or private trust, unless the instrument creating the trust provides otherwise, may cause any securities held by it in its representative capacity to be registered in the name of a nominee or nominees of the trust company.

    (d) When acting as depositary or custodian for the personal representative of a court trust or private trust, unless the instrument creating the trust provides otherwise, may with the consent of the personal representative of the trust, cause any securities held by it to be registered in the name of a nominee or nominees of the trust company.

    2.  [Every] A trust company is liable for any loss occasioned by the acts of its nominees with respect to securities registered under this section.

    3.  No corporation or the registrar or transfer agent of the corporation is liable for registering or causing to be registered on the books of the corporation any securities in the name of any nominee of a trust company or for transferring or causing to be transferred on the books of the corporation any securities registered by the corporation in the name of any nominee of a trust company when the transfer is made on the authorization of the nominee.

    4.  Except as otherwise provided in subsection 5, [a trust company’s investments] the assets forming the capital of a trust company must:

    (a) Be governmental obligations or insured deposits [.


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1999 Statutes of Nevada, Page 848 (Chapter 160, SB 465)

 

    (b) Mature] that mature within 3 years after acquisition.

[The]

    (b) Have an aggregate market value [of all investments must equal or exceed] that equals or exceeds 60 percent of the company’s current stockholders’ equity or 60 percent of the company’s initial stockholders’ equity, whichever is greater.

    5.  A trust company may purchase or rent land and equipment for use in the daily activities of the trust company.

    Sec. 23.  NRS 669.225 is hereby amended to read as follows:

    669.225  1.  [A] In addition to the powers of investment granted to the trust company by the instrument creating the relationship of fiduciary or agent, a trust company which is acting as a fiduciary or agent may, in its discretion or at the direction of another person who is authorized to direct the investment of money held by the trust company as a fiduciary or agent, invest in the securities of [a management] an investment trust or [management] investment company if:

    (a) The investment trust or investment company is registered pursuant to the Investment Company Act of 1940 as amended , [(] 15 U.S.C. งง 80a-1 et seq. [)] ; and

    (b) The portfolio of the investment trust or investment company consists substantially of investments which are not prohibited by the instrument creating the fiduciary or agency relationship.

    2.  A trust company or an affiliate of the trust company may provide services to the investment trust or investment company, including, without limitation, acting as an investment adviser, custodian, transfer agent, registrar, sponsor, distributor or manager and may receive reasonable compensation for the services. The manner in which the compensation is calculated must be disclosed to the person who is currently receiving the benefits of the relationship of a fiduciary or [agency relationship] agent with the trust company. The disclosure may be made by a prospectus, a statement of account or otherwise.

    3.  A trust company may deposit money held by the trust company as a fiduciary or agent with an affiliate before investing or making other disposition of the money.

    Sec. 24.  NRS 669.240 is hereby amended to read as follows:

    669.240  1.  The directors or managers of a trust company shall require good and sufficient fidelity bonds in the amount of $25,000 or more on all active officers , managers, members acting in a managerial capacity and employees, whether or not they receive a salary or other compensation from the trust company, to indemnify the trust company against loss because of any dishonest, fraudulent or criminal act or omission by any [officer or employee] of the persons bonded acting alone or in combination with any other person. The bonds may be in any form and may be paid for by the trust company.

    2.  The [directors] trust company shall obtain suitable insurance [for their company] against burglary, robbery, theft and other hazards to which it may be exposed in the operation of its business.

    3.  The [directors] trust company shall at least annually prescribe the amount or penal sum of the bonds or policies and designate the sureties and underwriters thereof, after giving due and careful consideration to all known elements and factors constituting a risk or hazard.


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1999 Statutes of Nevada, Page 849 (Chapter 160, SB 465)

 

underwriters thereof, after giving due and careful consideration to all known elements and factors constituting a risk or hazard. The [directors’] action must be recorded in the minutes of the [board of directors] trust company and reported to the commissioner.

    Sec. 25.  NRS 669.280 is hereby amended to read as follows:

    669.280  1.  The violation of any of the provisions of this chapter by the officers or directors , or the managers or members acting in a managerial capacity, of any trust company [authorized to do business under the provisions of this chapter] is sufficient cause for the commissioner to close the trust company, liquidate its business and revoke its license.

    2.  If [any officer or director of] a trust company or any person authorized to act on the behalf of the trust company refuses to allow the commissioner or his deputies to inspect all books, records, papers and effects of [its business,] the business of the trust company, the commissioner may revoke its license and proceed to wind up [its affairs.] the affairs of the trust company.

    Sec. 26.  NRS 669.290 is hereby amended to read as follows:

    669.290  Each officer, [employer,] director , manager, member, employee or agent of a trust company who knowingly or willfully neglects to perform any duty required by this chapter or other applicable law, or who knowingly or willfully fails to conform to any material lawful requirement made by the commissioner, is subject to removal upon order of the commissioner, and is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    Sec. 27.  NRS 159.017 is hereby amended to read as follows:

    159.017  “Guardian” means any person appointed under this chapter as guardian of the person, of the estate, or of the person and estate for any other person, and includes [a bank] an organization under NRS 662.245 and joint appointees. The term includes a special guardian.

    Sec. 28.  The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

    Sec. 29.  NRS 669.030, 669.140, 669.170 and 669.180 are hereby repealed.

________

 


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CHAPTER 161, SB 449

Senate Bill No. 449–Senator Coffin

 

CHAPTER 161

 

AN ACT relating to concealed firearms; requiring a sheriff to provide notice to a victim of a violent crime regarding certain actions taken concerning a permit to carry a concealed firearm or an application for such a permit; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

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

 

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

    1.  If a sheriff who is processing an application for a permit receives notification pursuant to NRS 202.3657 that the applicant has been:

    (a) Charged with a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657:

         (1) Suspended the processing of the application until the final disposition of the charges against the applicant; or

         (2) Resumed the processing of the application following the dropping of charges against the applicant or the acquittal of the applicant.

    (b) Convicted of a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657, denied the application.

    2.  If a sheriff who has issued a permit to a permittee receives notification pursuant to NRS 202.3657 that the permittee has been:

    (a) Charged with a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657:

         (1) Suspended the permit of the permittee until the final disposition of the charges against the permittee; or

         (2) Restored the permit of the permittee following the dropping of charges against the permittee or the acquittal of the permittee.

    (b) Convicted of a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657, revoked the permit of the permittee.

    3.  The sheriff shall notify a victim pursuant to subsection 1 or 2 not later than 10 days after the date on which the sheriff performs one of the actions listed in subsection 1 or 2 concerning an application or a permit.

    Sec. 2.  NRS 202.3653 is hereby amended to read as follows:

    202.3653  As used in NRS 202.3653 to 202.369, inclusive, and section 1 of this act, unless the context otherwise requires:

    1.  “Concealed firearm” means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.

    2.  “Department” means the department of motor vehicles and public safety.


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    3.  “Permit” means a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive.

    Sec. 3.  NRS 202.3662 is hereby amended to read as follows:

    202.3662  1.  Except as otherwise provided in this section [:] and section 1 of this act:

    (a) An application for a permit, and all information contained within that application; and

    (b) All information provided to a sheriff or obtained by a sheriff in the course of his investigation of an applicant,

are confidential.

    2.  Any records regarding an applicant or permittee may be released to a law enforcement agency for the purpose of conducting an investigation or prosecution.

    3.  Statistical abstracts of data compiled by a sheriff regarding permits applied for or issued pursuant to NRS 202.3653 to 202.369, inclusive, including, but not limited to, the number of applications received and permits issued, may be released to any person.

________

 

CHAPTER 162, SB 315

Senate Bill No. 315–Committee on Judiciary

 

CHAPTER 162

 

AN ACT relating to civil actions; requiring arbitrators to make certain findings in certain civil actions; requiring such findings to be introduced into evidence at a trial de novo before a jury; requiring the court to give certain jury instructions concerning arbitration at a trial de novo before a jury; and providing other matters properly relating thereto.

 

[Approved May 19, 1999]

 

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

 

    Section 1.  Chapter 38 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If an action is submitted to arbitration in accordance with the provisions of NRS 38.250 to 38.258, inclusive, the arbitrator or panel of arbitrators shall, in addition to any other written findings of fact or conclusions of law, make written findings in accordance with this subsection concerning each cause of action. The written findings must be in substantially the following form, with “panel of arbitrators” being substituted for “arbitrator” when appropriate:

 

   Based upon the evidence presented at the arbitration hearing concerning the cause of action for ................, the arbitrator finds in favor of ................(name of the party) and ................(“awards damages in the amount of $................” or “does not award any damages on that cause of action”).

 


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1999 Statutes of Nevada, Page 852 (Chapter 162, SB 315)

 

    2.  If an action is submitted to arbitration in accordance with the provisions of NRS 38.250 to 38.258, inclusive, and, after arbitration, a party requests a trial anew before a jury:

    (a) The written findings made by the arbitrator or the panel of arbitrators pursuant to subsection 1 must be admitted at trial. The testimony of the arbitrator or arbitrators, whenever taken, must not be admitted at trial, and the arbitrator or arbitrators must not be deposed or called to testify concerning the arbitration. Any other evidence concerning the arbitration must not be admitted at trial, unless the admission of such evidence is required by the constitution of this state or the Constitution of the United States.

    (b) The court shall give the following instruction to the jury concerning the action, substituting “panel of arbitrators” for “arbitrator” when appropriate:

 

   During the course of this trial, certain evidence was admitted concerning the findings of an arbitrator. On the cause of action for ................, the arbitrator found in favor of ................(name of the party) and ................(“awarded damages in the amount of $................” or “did not award any damages on that cause of action”). The findings of the arbitrator may be given the same weight as other evidence or may be disregarded. However, you must not give those findings undue weight because they were made by an arbitrator, and you must not use the findings of the arbitrator as a substitute for your independent judgment. You must weigh all the evidence that was presented at trial and arrive at a conclusion based upon your own determination of the cause of action.

 

    3.  The court shall give a separate instruction pursuant to paragraph (b) of subsection 2 for each such cause of action that is tried before a jury.

    Sec. 2.  NRS 38.250 is hereby amended to read as follows:

    38.250  Except as otherwise provided in NRS 38.310:

    1.  All civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed $40,000 must be submitted to nonbinding arbitration in accordance with the provisions of NRS [38.253, 38.255 and 38.258.] 38.250 to 38.258, inclusive, and section 1 of this act.

    2.  A civil action for damages filed in justice’s court may be submitted to arbitration if the parties agree, orally or in writing, to the submission.

    Sec. 3.  The amendatory provisions of this act apply to an action that is filed on or after October 1, 1999.

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1999 Statutes of Nevada, Page 853

 

CHAPTER 163, AB 95

Assembly Bill No. 95–Committee on Government Affairs

 

CHAPTER 163

 

AN ACT relating to local improvements; authorizing the creation of a local improvement district for a street beautification project; requiring the governing body of a municipality which creates an improvement district to establish a procedure for hardship determinations; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  Chapter 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  “Street beautification project” means the beautification of any street, including, without limitation, median strips, pedestrian malls, covered walkways or areas, water distribution and irrigation systems, retaining walls, landscaping, tree planting, shrubbery, foliage, fountains, waterfalls, decorative structures, benches, information booths, restrooms, signs and other structures, and the reconstruction and relocation of existing municipally owned works, improvements or facilities on such streets, whether or not performed in conjunction with a street project or offstreet parking project, or both.

    Sec. 3.  1.  On or before June 30 of each year after the creation of a district for a street beautification project, the governing body shall prepare and approve an estimate of the costs required during the next fiscal year and a proposed assessment roll assessing an amount not in excess of those estimated costs against the benefited property. The basis for the computation of the assessments must be the frontage or another uniform and quantifiable basis.

    2.  A public hearing must be conducted on the estimate of costs for the next year and the assessment roll. Notice of the hearing must be given, and the hearing conducted, in the manner described in NRS 271.380 and 271.385. The proposed assessments must not exceed the estimated amount specified in the original assessment plat unless a new hearing, after published and mailed notice, is held in the manner described in NRS 271.305, 271.306 and 271.310.

    3.  After the public hearing on the assessment roll, the governing body shall, by resolution or ordinance, confirm the assessments as specified in the roll or as modified.

    4.  The assessments must be due over a period of 1 year after the effective date of the resolution or ordinance confirming the assessments. The assessments may be made payable at one time or in two or more installments over that period. Interest may not be charged on an assessment or installment paid when due.

    Sec. 4.  NRS 271.030 is hereby amended to read as follows:

    271.030  [Except where the context otherwise requires, the definitions in NRS 271.035 to 271.250, inclusive, govern the construction of this chapter.] As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 271.035 to 271.250, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.


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1999 Statutes of Nevada, Page 854 (Chapter 163, AB 95)

 

and terms defined in NRS 271.035 to 271.250, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

    Sec. 5.  NRS 271.265 is hereby amended to read as follows:

    271.265  1.  The governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both, within and without the municipality:

    (a) A curb and gutter project;

    (b) A drainage project;

    (c) An offstreet parking project;

    (d) An overpass project;

    (e) A park project;

    (f) A sanitary sewer project;

    (g) A security wall;

    (h) A sidewalk project;

    (i) A storm sewer project;

    (j) A street project;

    (k) A street beautification project;

    (l) A transportation project;

    [(l)] (m) An underpass project;

    [(m)] (n) A water project; and

    [(n)] (o) Any combination of such projects.

    2.  In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both, within and without the municipality:

    (a) An electrical project;

    (b) A telephone project;

    (c) A combination of an electrical project and a telephone project;

    (d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and

    (e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.

    3.  In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.

    Sec. 6.  NRS 271.280 is hereby amended to read as follows:

    271.280  1.  Whenever the governing body is of the opinion that the interest of the municipality requires any project, the governing body, by resolution, shall direct the engineer to prepare, or may, after he has prepared, ratify:

    (a) Preliminary plans showing:

         (1) A typical section of the contemplated improvement.

         (2) The type or types of material, approximate thickness and wideness.


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1999 Statutes of Nevada, Page 855 (Chapter 163, AB 95)

 

         (3) A preliminary estimate of the cost of the project, including incidental costs.

    (b) An assessment plat showing:

         (1) The area to be assessed.

         (2) [The] Except as otherwise provided in section 3 of this act, the amount of maximum benefits estimated to be assessed against each tract in the assessment area.

The governing body is not required to employ the services of an appraiser to estimate or to assist the engineer in estimating the benefits to be derived from the project.

    2.  The resolution or ratification may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit prices, as the engineer determines is most desirable for the improvement complete in place.

    3.  The resolution or document ratified must describe the project in general terms.

    4.  The resolution or document ratified must state:

    (a) What part or portion of the expense of the project is of special benefit and therefore is to be paid by assessments.

    (b) What part, if any, has been or is proposed to be defrayed with money derived from other than the levy of assessments.

    (c) The basis by which the cost will be apportioned and assessments levied.

    5.  If the assessment is not to be made according to front feet, the resolution or document ratified must:

    (a) By apt description designate the improvement district, including the tracts to be assessed.

    (b) Describe definitely the location of the project.

    (c) State that the assessment is to be made upon all the tracts benefited by the project proportionately to the benefits received.

    6.  If the assessment is to be upon the abutting property upon a frontage basis, it is sufficient for the resolution or document ratified so to state and to define the location of the project to be made.

    7.  It is not necessary in any case to describe minutely in the resolution or document ratified each particular tract to be assessed, but simply to designate the property, improvement district or the location, so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.

    8.  The engineer shall forthwith prepare and file with the clerk:

    (a) The preliminary plans; and

    (b) The assessment plat.

    9.  Upon the filing of the plans and plat, they must be examined by the governing body. If the plans and plat are found to be satisfactory, the governing body shall make a provisional order by resolution to the effect that the project will be acquired or improved, or both acquired and improved.


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1999 Statutes of Nevada, Page 856 (Chapter 163, AB 95)

 

    Sec. 7.  NRS 271.306 is hereby amended to read as follows:

    271.306  1.  Regardless of the basis used for apportioning assessments, the amount apportioned to a wedge or V or any other irregularly shaped tract must be in proportion to the special benefits thereby derived.

    2.  [If,] Except as otherwise provided in subsection 3, if, within the time specified in the notice, complaints, protests and objections in writing, that is, all written remonstrances, against acquiring or improving the project proposed by initiation of the governing body are filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein must not be acquired or improved unless:

    (a) The municipality pays one-half or more of the total cost of the project, other than a park project, with money derived from other than the levy of assessments; or

    (b) The project constitutes not more than 2,640 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to either side of the same street or between improvements already made to intersecting streets. In this case the governing body may on its own motion cause the intervening and unimproved part of the street to be improved. Such improvements will not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the governing body in its sole discretion, deems such written complaints, protests and objections proper to cause the improvement to be stayed or prevented.

    3.  Written remonstrances by the owners of tracts constituting 50 percent of the basis for the computation of assessments suffice to preclude the acquisition or improvement of a street beautification project.

    Sec. 8.  NRS 271.357 is hereby amended to read as follows:

    271.357  1.  The governing body of each municipality which creates an improvement district [may] shall establish a procedure to allow a person whose property will be included within the boundaries of the district to apply for a hardship determination.

    2.  The procedure must include the referral of applications to an appropriate social services agency within the local government for evaluation. The agency shall consider each application on the basis of ability to pay the assessments attributable to the applicant’s property and render a recommendation of approval or disapproval to the governing body.

    3.  The procedure must include a requirement for renewal of the hardship determination as often as the governing body deems necessary. An application for the renewal of a hardship determination must be treated in a manner that is similar to the evaluation and approval required for an initial determination.

    Sec. 9.  NRS 271.485 is hereby amended to read as follows:

    271.485  1.  Any bonds issued pursuant to this chapter may be sold in such a manner as may be approved by the governing body to defray the cost of the project, including all proper incidental expenses. The governing body may issue a single issue of bonds to defray the costs of projects in two or more improvement districts if the principal amount of those bonds does not exceed the total uncollected assessments levied in each improvement district.


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1999 Statutes of Nevada, Page 857 (Chapter 163, AB 95)

 

more improvement districts if the principal amount of those bonds does not exceed the total uncollected assessments levied in each improvement district.

    2.  Bonds must be sold in the manner prescribed in NRS 350.105 to 350.195, inclusive:

    (a) For not less than the principal amount thereof and accrued interest thereon; or

    (b) At the option of the governing body, below par at a discount not exceeding 9 percent of the principal amount and except as otherwise provided in NRS 271.487 and 271.730, at a price which will not result in an effective interest rate which exceeds by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted if the maximum or any lesser amount of discount permitted by the governing body has been capitalized as a cost of the project.

    3.  Except as otherwise provided in NRS 271.487 and 271.730, the rate of interest of the bonds must not at any time exceed the rate of interest, or lower or lowest rate if more than one, borne by the special assessments, but any rate of interest of the bonds may be the same as or less than any rate of interest of the assessment, subject to the limitation provided in subsection 2, as the governing body may determine.

    4.  The governing body may employ legal, fiscal, engineering and other expert services in connection with any project authorized by this chapter and the authorization, issuance and sale of bonds.

    5.  Any accrued interest and any premium must be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.

    6.  Any unexpended balance of the proceeds of the bond remaining after the completion of the project for which the bonds were issued must be paid immediately into the fund created for the payment of the principal of the bonds and must be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.

    7.  The validity of the bonds must not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.

    8.  A purchaser of the bonds is not responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.

    9.  The governing body may enter into a contract to sell special assessment bonds at any time but, if the governing body so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if:

    (a) Before awarding the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project; and

    (b) It has not elected to proceed pursuant to subsection 2 or 3 of NRS 271.330, but has elected to proceed pursuant to subsection 1 of that section.


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1999 Statutes of Nevada, Page 858 (Chapter 163, AB 95)

 

    10.  If the governing body ceases to have jurisdiction to proceed, because the requisite proportion of owners of [more than one-half of] the frontage to be assessed, or of [such] the area, zone or other [assessment basis,] basis of assessment, file written complaints, protests and objections to the project, as provided in NRS 271.306, or for any other reason, any contract to sell special assessment bonds is terminated and becomes inoperative.

________

 

CHAPTER 164, AB 107

Assembly Bill No. 107–Committee on Commerce and Labor

 

CHAPTER 164

 

AN ACT relating to manufactured housing; requiring dealers to comply with certain requirements concerning money held by them pending the sale or exchange of an interest in a manufactured home, mobile home or commercial coach; establishing requirements relating to the enforceability of certain brokerage agreements; requiring dealers who enter into brokerage agreements to perform certain acts relating to their clients; revising the categories of licensure as a limited serviceman; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

    Sec. 2.  “Brokerage agreement” means a contract between a dealer and a client in which the dealer agrees to accept compensation to:

    1.  Assist, solicit or negotiate the sale or exchange of an interest in a manufactured home, mobile home or commercial coach; or

    2.  Induce any person to buy or exchange an interest in a manufactured home, mobile home or commercial coach.

    Sec. 3.  “Client” means a person who has entered into a brokerage agreement with a dealer.

    Sec. 4.  1.  Any money that a dealer receives from a client or other person concerning the sale or exchange of an interest in a manufactured home, mobile home or commercial coach must be accounted for by the dealer when:

    (a) The sale or exchange of the interest in the manufactured home, mobile home or commercial coach is executed; or

    (b) The contract for the sale or exchange of the interest in the manufactured home, mobile home or commercial coach is rescinded by the dealer, client or any other person,

whichever occurs earlier.

    2.  The dealer shall:

    (a) Prepare or cause to be prepared a written itemized statement concerning each expenditure or deduction of money made by the dealer;

    (b) Deliver or cause to be delivered to each person from whom the dealer received money a copy of the written itemized statement; and

    (c) Maintain a copy of the written itemized statement at his place of business.


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1999 Statutes of Nevada, Page 859 (Chapter 164, AB 107)

 

    3.  Except as otherwise provided in a brokerage agreement or an escrow agreement signed by the parties to a sale or exchange of an interest in a manufactured home, mobile home or commercial coach and the escrow agent or escrow officer licensed pursuant to the provisions of chapter 645A or 692A of NRS, no money concerning that sale or exchange held by a dealer may be distributed until:

    (a) An application for:

         (1) A certificate of ownership for the manufactured home, mobile home or commercial coach; or

         (2) A certificate of title or certificate of ownership that does not pass immediately upon the sale or transfer of the manufactured home, mobile home or commercial coach,

has been submitted to the division;

    (b) Each person who has a financial interest in the manufactured home, mobile home or commercial coach has executed a document that releases or waives his interest; and

    (c) Each party to the sale or exchange has complied with the requirements for the sale or exchange that are set forth in the regulations adopted pursuant to the provisions of this chapter.

    Sec. 5.  A brokerage agreement that includes a provision that grants a dealer the exclusive right to assist, solicit or negotiate the sale or exchange of an interest in a manufactured home, mobile home or commercial coach on behalf of a client is enforceable if the agreement:

    1.  Is in writing;

    2.  Sets forth the date the brokerage agreement expires;

    3.  Does not require the client to perform any act concerning the brokerage agreement after the agreement expires; and

    4.  Is signed by the client or his representative and the dealer or his representative.

    Sec. 6.  1.  A dealer who has entered into a brokerage agreement with a client for the sale or exchange of an interest in a manufactured home, mobile home or commercial coach shall:

    (a) Seek the price and terms for the sale or exchange that are set forth in the brokerage agreement or are approved by the client;

    (b) Present all offers made to or by the client as soon as practicable;

    (c) Disclose to the client all the material facts known by him concerning the sale or exchange;

    (d) Advise the client to obtain advice from an expert concerning any matters that are beyond the knowledge or expertise of the dealer;

    (e) As soon as practicable, account for all money and property he receives in which the client may have a financial interest; and

    (f) As soon as practicable, deliver to each party a copy of the executed contract for the sale or exchange.

    2.  A dealer shall not enter into a brokerage agreement with a client for the sale or exchange of an interest in a manufactured home, mobile home or commercial coach unless the dealer has determined that the client will be able to deliver good title upon the execution of the sale or exchange of the interest in the manufactured home, mobile home or commercial coach.


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1999 Statutes of Nevada, Page 860 (Chapter 164, AB 107)

 

    Sec. 7.  1.  Unless otherwise specifically waived in writing by the buyer, for each sale of a manufactured home, mobile home or commercial coach in which the dealer is the seller or an agent of the seller, there is an implied warranty by the dealer that all the essential systems are in working order upon the execution of the sale. For the purposes of this subsection, the words “as is” or any similar words do not constitute a waiver of the implied warranty unless the words specifically refer to a specific component of an essential system.

    2.  As used in this section, “essential system” means the heating, air-conditioning, electrical, plumbing and drainage systems of a manufactured home, mobile home or commercial coach.

    Sec. 8.  The administrator shall prescribe, by regulation, the form of the contract that must be used for the sale of a manufactured home, mobile home or commercial coach.

    Sec. 9.  1.  Except as otherwise provided in subsection 2, a dealer shall not obtain or attempt to obtain the signature of a buyer on a contract for the sale or exchange of an interest in a mobile home, manufactured home or commercial coach if any of the essential provisions of the contract are not set forth in the contract.

    2.  The dealer may insert:

    (a) The identification number or identifying marks of a manufactured home, mobile home or commercial coach; and

    (b) The date the first installment payment for the sale or exchange is due from the buyer,

into the blank spaces of a contract after the contract has been signed by a buyer if the manufactured home, mobile home or commercial coach was not delivered to the buyer on the date the contract was executed.

    3.  The administrator shall prescribe, by regulation, the essential provisions of a contract.

    Sec. 10.  NRS 489.031 is hereby amended to read as follows:

    489.031  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 489.036 to 489.155, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

    Sec. 11.  NRS 489.076 is hereby amended to read as follows:

    489.076  1.  “Dealer” means any person who:

    (a) For compensation, money or any other [things] thing of value, sells, exchanges, buys or offers for sale, negotiates or attempts to negotiate a sale or exchange of an interest in a manufactured home, mobile home or commercial coach subject to the requirements of this chapter, or induces or attempts to induce any person to buy or exchange an interest in a manufactured home, mobile home or commercial coach;

    (b) For compensation, money or any other thing of value, leases or rents, offers for lease or rental, negotiates or attempts to negotiate the lease or rental of an interest in a manufactured home, mobile home or commercial coach subject to the requirements of this chapter, or induces or attempts to induce any person to lease or rent an interest in a manufactured home, mobile home or commercial coach;


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1999 Statutes of Nevada, Page 861 (Chapter 164, AB 107)

 

    (c) Receives or expects to receive a commission, money, brokerage fees, profit or any other thing of value from either the seller or purchaser of any manufactured home, mobile home or commercial coach;

    [(c)] (d) Is engaged wholly or in part in the business of [selling] :

         (1) Selling, renting or leasing manufactured homes, mobile homes or commercial coaches [, or buying] ;

         (2) Buying or taking [them] manufactured homes, mobile homes or commercial coaches in trade for the purpose of resale, selling, or offering them for sale or consignment to be sold [, or otherwise] ;

         (3) Buying or taking manufactured homes, mobile homes or commercial coaches in trade to rent, lease or offer them for rent or lease; or

         (4) Otherwise dealing in manufactured homes, mobile homes or commercial coaches; or

    [(d)] (e) Acts as a repossessor or liquidator concerning manufactured homes, mobile homes or commercial coaches,

whether or not they are owned by such persons.

    2.  The term does not include:

    (a) Receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under the order of any court;

    (b) Public officers while performing their official duties;

    (c) Banks, savings and loan associations, credit unions, thrift companies or other financial institutions proceeding as repossessors or liquidators of their own security; [or]

    (d) A person who rents or leases his manufactured home, mobile home or commercial coach; or

    (e) An owner selling his private residence.

    Sec. 12.  NRS 489.137 is hereby amended to read as follows:

    489.137  “Salesman” means any person employed by a dealer or rebuilder, under any form of contract or arrangement to sell, rent, lease, exchange [,] or buy, or offer for sale, rental, lease or exchange , an interest in a manufactured home, mobile home or commercial coach to any person, and who receives or expects to receive a commission, fee or any other consideration from his employer.

    Sec. 13.  NRS 489.325 is hereby amended to read as follows:

    489.325  1.  The administrator may adopt regulations which provide for the creation of a subclass of licensure for servicemen. A person licensed as a limited serviceman pursuant to this section must be limited in the scope of the work he may perform to installation or repair in one of the following categories:

    (a) Awnings, roofing or skirting;

    (b) Plumbing; [or]

    (c) Heating and air‑conditioning systems; or [electrical]

    (d) Electrical systems.

    2.  The administrator shall provide in [such a regulation] those regulations for:

    (a) The imposition of reasonable fees for application, examination and licensure.


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1999 Statutes of Nevada, Page 862 (Chapter 164, AB 107)

 

    (b) The creation and administration of a written or oral examination for each category of limited licensure.

    (c) Minimum qualifications for such a license, including , without limitation, the passage of the applicable examination.

    3.  A person who is licensed as a limited serviceman shall comply with each statute and regulation which applies to servicemen, including , without limitation, the [required] payment of a fee required pursuant to subparagraph 1 of paragraph (c) of subsection 2 of NRS 489.4971.

    Sec. 14.  NRS 489.4975 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

    (f) The petition has been filed [no] not more than 1 year after the termination of all proceedings, including reviews and appeals, in connection with the judgment.

    Sec. 15.  NRS 489.715 is hereby amended to read as follows:

    489.715  1.  Full disclosure of all terms and conditions of an offer to sell, buy or lease a used manufactured home, used mobile home or used commercial coach must be set forth in writing and signed by the seller, buyer and dealer.

    2.  Any offer to purchase or lease a used manufactured home, used mobile home or used commercial coach must be submitted within 5 days after the offer is made to the owner or his authorized agent for approval or disapproval.


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1999 Statutes of Nevada, Page 863 (Chapter 164, AB 107)

 

disapproval. The offer must be in writing and signed and dated by the person making the offer and by the dealer.

    3.  As used in this section, “authorized agent” does not include a dealer or an employee or agent of the dealer.

    Sec. 16.  NRS 489.4973 is hereby repealed.

________

 

CHAPTER 165, AB 111

Assembly Bill No. 111–Committee on Commerce and Labor

 

CHAPTER 165

 

AN ACT relating to safety in the workplace; requiring the establishment of a written safety program in certain workplaces where explosives are manufactured; providing exceptions; requiring safety programs and related training programs to be in a language and format that is understandable to each employee; revising the provisions governing the manner in which rights and responsibilities of employers and employees relating to safety are furnished to employees; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 618.376 is hereby amended to read as follows:

    618.376  1.  Every employer shall, upon hiring an employee, provide the employee with a document or videotape setting forth the rights and responsibilities of employers and employees to promote safety in the workplace. The document, or evidence of receipt of the videotape, must be signed by the employer and employee and placed in the employee’s personnel file. The document or videotape shall not be deemed to be a part of any employment contract.

    2.  The division shall adopt regulations specifying the contents of such a document or videotape and establishing requirements for [issuing] making the document or videotape available in different languages.

    Sec. 2.  NRS 618.383 is hereby amended to read as follows:

    618.383  1.  Except as otherwise provided in [subsection 7,] subsections 8 and 9, an employer shall establish a written safety program and carry out the requirements of the program within 90 days after it is established.

    2.  The written safety program must include:

    (a) The establishment of a training program for employees concerning safety in the workplace, particularly in those areas where there have been recurring injuries [.] or where explosives are manufactured.

    (b) If an employer has more than 25 employees, or if an employer’s employees are engaged in the manufacture of explosives, the establishment of a safety committee. The safety committee must include representatives of employees. If the employees are represented by a labor organization, the representatives of employees must be selected by the employees and not appointed by the employer.


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1999 Statutes of Nevada, Page 864 (Chapter 165, AB 111)

 

    3.  A representative of employees while engaging in the business of a safety committee, including attendance at meetings, authorized inspections or any other activity of the committee, must be paid by his employer as if that employee were engaged in his usual work activities.

    4.  The written safety program and all training programs required pursuant to this section must be conducted and made available in a language and format that is understandable to each employee.

    5.  The administrator of the division shall adopt regulations establishing the minimum requirements for a written safety program.

    [5.] 6.  The administrator of the division shall develop and provide each employer with a written guide for establishing a written safety program.

    [6.] 7.  An employer who contracts with a temporary employment service shall provide specialized training concerning safety for the employees of the service before they begin work at each site or as soon as possible thereafter.

    [7.] 8.  An employer who has 10 or fewer employees is exempted from the provisions of this section unless the employer [has] :

    (a) Has been identified pursuant to NRS 616B.206 as having excessive losses [.] ; or

    (b) Has employees engaged in the manufacture of explosives.

    9.  For the purposes of this section, an employer in the mining industry shall not be deemed to be a manufacturer of explosives.

    10.  Except as otherwise provided in subsection 11, as used in this section, “explosives” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of the compound, mixture or device or any part thereof may cause an explosion.

    11.  For the purposes of this section, an explosive does not include:

    (a) Ammunition for small arms, or any component thereof;

    (b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:

         (1) In an antique firearm, as that term is defined in 18 U.S.C. ง 921(a)(16), as that section existed on January 1, 1999; or

         (2) In an antique device which is exempted from the definition of “destructive device” pursuant to 18 U.S.C. ง 921(a)(4), as that section existed on January 1, 1999; or

    (c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.


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1999 Statutes of Nevada, Page 865 (Chapter 165, AB 111)

 

    Sec. 3.  Section 119.5 of chapter 580, Statutes of Nevada 1995, at page 2038, is hereby amended to reads as follows:

   Sec. 119.5.  NRS 618.383 is hereby amended to read as follows:

     618.383  1.  Except as otherwise provided in subsections 8 and 9, an employer shall establish a written safety program and carry out the requirements of the program within 90 days after it is established.

     2.  The written safety program must include:

     (a) The establishment of a training program for employees concerning safety in the workplace, particularly in those areas where there have been recurring injuries or where explosives are manufactured.

     (b) If an employer has more than 25 employees, or if an employer’s employees are engaged in the manufacture of explosives, the establishment of a safety committee. The safety committee must include representatives of employees. If the employees are represented by a labor organization, the representatives of employees must be selected by the employees and not appointed by the employer.

     3.  A representative of employees while engaging in the business of a safety committee, including attendance at meetings, authorized inspections or any other activity of the committee, must be paid by his employer as if that employee were engaged in his usual work activities.

     4.  The written safety program and all training programs required pursuant to this section must be conducted and made available in a language and format that is understandable to each employee.

     5.  The administrator of the division shall adopt regulations establishing the minimum requirements for a written safety program.

     6.  The administrator of the division shall develop and provide each employer with a written guide for establishing a written safety program.

     7.  An employer who contracts with a temporary employment service shall provide specialized training concerning safety for the employees of the service before they begin work at each site or as soon as possible thereafter.

     8.  An employer who has 10 or fewer employees is exempted from the provisions of this section unless the employer [:

     (a) Has been identified pursuant to NRS 616.380 as having excessive losses; or

     (b) Has] has employees engaged in the manufacture of explosives.

     9.  For the purpose of this section, an employer in the mining industry shall not be deemed to be a manufacturer of explosives.

     10.  Except as otherwise provided in subsection 11, as used in this section, “explosives” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of the compound, mixture or device or any part thereof may cause an explosion.


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1999 Statutes of Nevada, Page 866 (Chapter 165, AB 111)

 

proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of the compound, mixture or device or any part thereof may cause an explosion.

     11.  For the purposess of this section, an explosive does not include:

   (a) Ammunition for small arms, or any component thereof;

   (b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:

                   (1) In an antique firearm, as that term is defined in 18 U.S.C. ง 921(a)(16), as that section existed on January 1, 1999; or

                   (2) In an antique device which is exempted from the definition of “destructive device” pursuant to 18 U.S.C. ง 921(a)(4), as that section existed on January 1, 1999; or

     (c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.

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

________

 

CHAPTER 166, AB 141

Assembly Bill No. 141–Committee on Health and Human Services

 

CHAPTER 166

 

AN ACT relating to mentally ill persons; clarifying certain provisions governing the rights of a client concerning admission to a mental health facility; revising the circumstances under which a mentally ill person who is involuntarily admitted to a mental health facility and is conditionally released may be required to return to the facility; revising the process by which such a person may be unconditionally released before the expiration of the statutory period for detention; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 433.471 is hereby amended to read as follows:

    433.471  Each client admitted for evaluation, treatment or training to a facility has the following rights concerning admission to the facility, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the client by such additional means as prescribed by regulation:

    1.  The right not to be admitted to the facility under false pretenses or as a result of any improper, unethical or unlawful conduct by a staff member of the facility to collect money from the insurance company of the client or for any other financial purpose.


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1999 Statutes of Nevada, Page 867 (Chapter 166, AB 141)

 

    2.  The right to receive a copy, on request, of the criteria upon which the facility makes its decision to admit or discharge a client from the facility. Such criteria must not, for emergency admissions or involuntary court-ordered admissions, be based on the availability of insurance coverage or any other financial considerations.

    3.  As used in this section, “improper conduct” means a violation of the rules, policies or procedures of the facility.

    Sec. 2.  NRS 433A.370 is hereby amended to read as follows:

    433A.370  1.  When a client committed by a court to a division facility on or before June 30, 1975, or a client who is judicially admitted on or after July 1, 1975, or a person who is involuntarily detained pursuant to NRS 433A.150 to 433A.300, inclusive, escapes from any division facility, or when a judicially admitted client has not returned to a division facility from [convalescent leave] conditional release after the administrative officer of the facility has ordered him to do so, any peace officer shall, upon written request of the administrative officer or his designee and without the necessity of a warrant or court order, apprehend, take into custody and deliver the person to such division facility or another state facility.

    2.  Any person appointed or designated by the director of the department to take into custody and transport to a division facility persons who have escaped or failed to return as described in subsection 1 may participate in the apprehension and delivery of any such person, but may not take the person into custody without a warrant.

    Sec. 3.  NRS 433A.380 is hereby amended to read as follows:

    433A.380  1.  Except as otherwise provided in subsection 4, any person involuntarily admitted by a court may be conditionally released from a public or private mental health facility [on convalescent leave] when, in the judgment of the medical director of the facility, the [convalescent status] conditional release is in the best interest of the person and will not be detrimental to the public welfare. The medical director or his designee of the facility shall prescribe the period for which the conditional release is effective. The period must not extend beyond the last day of the court-ordered period of treatment pursuant to NRS 433A.310.

    2.  When a person is conditionally released pursuant to subsection 1, the state or any of its agents or employees are not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the person.

    3.  When a person who has been adjudicated by a court to be incompetent is conditionally released from a mental health facility, the administrative officer of the mental health facility shall petition the court for restoration of full civil and legal rights as deemed necessary to facilitate the incompetent person’s rehabilitation.

    4.  A person who was involuntarily admitted by a court because he was likely to harm others if allowed to remain at liberty may be conditionally released only if, at the time of the release, written notice is given to the court which admitted him and to the district attorney of the county in which the proceedings for admission were held.

    5.  Except as otherwise provided in subsection 7, the administrative officer of a public or private mental health facility or his designee shall order a person who is conditionally released from that facility pursuant to this section to return to the facility if a psychiatrist and a member of that person’s treatment team who is professionally qualified in the field of psychiatric mental health determine, pursuant to NRS 433A.115, that the conditional release is no longer appropriate because that person presents a clear and present danger of harm to himself or others.


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1999 Statutes of Nevada, Page 868 (Chapter 166, AB 141)

 

order a person who is conditionally released from that facility pursuant to this section to return to the facility if a psychiatrist and a member of that person’s treatment team who is professionally qualified in the field of psychiatric mental health determine, pursuant to NRS 433A.115, that the conditional release is no longer appropriate because that person presents a clear and present danger of harm to himself or others. Except as otherwise provided in this subsection, the administrative officer or his designee shall, at least 3 days before the issuance of the order to return, give written notice of the order to the court that admitted the person to the facility. If an emergency exists in which the person presents an imminent threat of danger of harm to himself or others, the order must be submitted to the court not later than 1 business day after the order is issued.

    6.  The court shall review an order submitted pursuant to subsection 5 and the current condition of the person who was ordered to return to the facility at its next regularly scheduled hearing for the review of petitions for involuntary court-ordered admissions, but in no event later than 5 judicial days after the person is returned to the facility. The administrative officer or his designee shall give written notice to the person who was ordered to return to the facility and to his attorney, if known, of the time, date and place of the hearing and of the facts necessitating that person’s return to the facility.

    7.  The provisions of subsection 5 do not apply if the period of conditional release has expired.

    Sec. 4.  NRS 433A.390 is hereby amended to read as follows:

    433A.390  1.  When a client, involuntarily admitted to a mental health facility by court order, is released at the end of the time specified pursuant to NRS 433A.310, written notice must be given to the admitting court at least 10 days before the release of the client. The client may then be released without requiring further orders of the court.

    2.  An involuntarily court-admitted client may be [conditionally] unconditionally released before the period specified in NRS 433A.310 when:

    (a) An evaluation team established under NRS 433A.250 or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, determines that the client has recovered from his mental illness or has improved to such an extent that he is no longer considered to present a clear and present danger of harm to himself or others; and

    (b) Under advisement from the evaluation team or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, the medical director of the mental health facility authorizes the release and gives written notice to the admitting court [.

    3.  The release of an involuntarily court-admitted client pursuant to subsection 2 becomes unconditional 10 days after the release unless the admitting court, within that period, issues an order providing otherwise.] at least 10 days before the release of the client.

    Sec. 5.  This act becomes effective upon passage and approval.

________

 


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1999 Statutes of Nevada, Page 869

 

CHAPTER 167, AB 203

Assembly Bill No. 203–Committee on Commerce and Labor

 

CHAPTER 167

 

AN ACT relating to the rehabilitation division of the department of employment, training and rehabilitation; specifying the duties of the administrator of the rehabilitation division; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

    The director shall appoint an administrator of the rehabilitation division of the department. The administrator:

    1.  Is in the unclassified service of the state unless federal law or regulation requires otherwise, and serves at the pleasure of the director.

    2.  Shall administer the provisions of law set forth in subsection 4, subject to the administrative supervision of the director.

    3.  Except as otherwise provided in NRS 284.143, shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

    4.  Is responsible for the administration, through the bureaus of the rehabilitation division, of the provisions of NRS 232.940 and 232.950 and this section, NRS 426.520 to 426.610, inclusive, 458.010 to 458.360, inclusive, and chapters 426A and 615 of NRS and all other provisions of law relating to the functions of the rehabilitation division and its bureaus, but is not responsible for the professional line activities of the bureaus except as otherwise provided by specific statute.

    5.  Is responsible for the preparation of a consolidated state plan for the bureau of services to the blind and visually impaired, the bureau of vocational rehabilitation and any other program administered by the rehabilitation division that he considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government. This subsection does not apply if any federal regulation exists that prohibits a consolidated plan.

    6.  In developing and revising state plans pursuant to subsection 5, shall consider, without limitation:

    (a) The amount of money available from the Federal Government for the programs of the rehabilitation division;

    (b) The conditions attached to the acceptance of that money; and

    (c) The limitations of legislative appropriations for the programs.

    7.  May employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the duties of the rehabilitation division.

    Sec. 2.  NRS 232.900 is hereby amended to read as follows:

    232.900  As used in NRS 232.900 to 232.960, inclusive, and section 1 of this act, unless the context otherwise requires:


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1999 Statutes of Nevada, Page 870 (Chapter 167, AB 203)

 

    1.  “Department” means the department of employment, training and rehabilitation.

    2.  “Director” means the director of the department.

    Sec. 3.  NRS 232.920 is hereby amended to read as follows:

    232.920  The director:

    1.  Shall:

    (a) Organize the department into divisions and other operating units as needed to achieve the purposes of the department;

    (b) Upon request, provide the director of the department of administration with a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons; and

    (c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.

    2.  Is responsible for the administration, through the divisions of the department, of the provisions of NRS 458.010 to 458.360, inclusive, chapters 426, 426A, 612 and 615 of NRS, and all other provisions of law relating to the functions of the department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as [specifically] otherwise provided by [law.

    3.  Is responsible for the preparation of a consolidated state plan for the bureau of services to the blind and visually impaired, the bureau of vocational rehabilitation and any other program administered by the rehabilitation division which he considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government. This subsection does not apply if any federal regulation exists which prohibits a consolidated plan.

    4.  In developing and revising state plans pursuant to subsection 3, shall consider, among other things, the amount of money available from the Federal Government for the programs of the division and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for the programs.

    5.] specific statute.

    3.  May employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the duties of the department.

    Sec. 4.  NRS 232.950 is hereby amended to read as follows:

    232.950  1.  The [director] administrator shall appoint , with the consent of the director, a head of each bureau in the division, to be known as the chief of his respective bureau.

    2.  The chief of each bureau:

    (a) Is in the unclassified service of the state unless federal law or regulation requires otherwise.

    (b) Shall administer the provisions of law relating to his bureau, subject to the administrative supervision of the [director.] administrator.

    (c) Is directly responsible to the [director.] administrator.


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1999 Statutes of Nevada, Page 871 (Chapter 167, AB 203)

 

    3.  Subject to the approval of the [director,] administrator, the chief of each bureau may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his duties.

    Sec. 5.  NRS 426A.060 is hereby amended to read as follows:

    426A.060  1.  The advisory committee on traumatic brain injuries, consisting of 11 members, is hereby created.

    2.  The [director] administrator shall appoint to the committee:

    (a) One member who is an employee of the rehabilitation division of the department.

    (b) One member who is an employee of the welfare division of the department of human resources and participates in the administration of the state program providing Medicaid.

    (c) One member who is a licensed insurer in this state.

    (d) One member who represents the interests of educators in this state.

    (e) One member who is a person professionally qualified in the field of psychiatric mental health.

    (f) Two members who are employees of private providers of rehabilitative health care located in this state.

    (g) One member who represents persons who operate community-based programs for head injuries in this state.

    (h) One member who represents hospitals in this state.

    (i) Two members who represent the recipients of health care in this state.

    3.  After the initial appointments, each member of the committee serves a term of 3 years.

    4.  The committee shall elect one of its members to serve as chairman.

    5.  Members of the committee serve without compensation and are not entitled to receive the per diem allowance or travel expenses provided for state officers and employees generally.

    6.  The committee may:

    (a) Make recommendations to the [director] administrator relating to the establishment and operation of any program for persons with traumatic brain injuries.

    (b) Make recommendations to the [director] administrator concerning proposed legislation relating to traumatic brain injuries.

    (c) Collect information relating to traumatic brain injuries.

    7.  The committee shall prepare a report of its activities and recommendations each year and submit a copy to the:

    (a) Director [;] of the department;

    (b) Administrator;

    (c) Legislative committee on health care; and

    [(c)] (d) Legislative commission.

    8.  As used in this section:

    (a) [“Director”] “Administrator” means the [director] administrator of the rehabilitation division of the department.

    (b) “Person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433.209.

    (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.


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1999 Statutes of Nevada, Page 872 (Chapter 167, AB 203)

 

    Sec. 6.  NRS 458.043 is hereby amended to read as follows:

    458.043  As executive head of the bureau, the chief shall:

    1.  Direct and supervise all administrative and technical activities as provided by NRS 458.010 to 458.360, inclusive, subject to administrative supervision by the [director.] administrator of the rehabilitation division of the department.

    2.  Subject to the approval of the [director,] administrator of the rehabilitation division of the department, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the bureau may require.

    Sec. 7.  Chapter 615 of NRS is hereby amended by adding thereto a new section to read as follows:

    “Administrator” means the administrator of the rehabilitation division of the department.

    Sec. 8.  NRS 615.020 is hereby amended to read as follows:

    615.020  As used in this chapter the words and terms defined in NRS 615.031 to 615.140, inclusive, and section 7 of this act unless the context otherwise requires, have the meanings ascribed to them in those sections.

    Sec. 9.  NRS 615.180 is hereby amended to read as follows:

    615.180  1.  The chief shall:

    (a) Subject to the approval of the director, adopt rules and regulations necessary to carry out the purposes of this chapter;

    (b) Establish appropriate administrative units within the bureau;

    (c) Subject to the approval of the [director,] administrator, appoint such personnel as is necessary for the proper and efficient performance of the functions of the bureau;

    (d) Prescribe the duties of the personnel of the bureau;

    (e) Prepare and submit to the governor, through the director, before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter;

    (f) Make certification for the disbursement of money available for carrying out the purposes of this chapter; and

    (g) Take such other action as may be necessary or appropriate to cooperate with public and private agencies and otherwise to carry out the purposes of this chapter.

    2.  The chief may delegate to any officer or employee of the bureau such of his powers and duties as he finds necessary to carry out the purposes of this chapter.

    Sec. 10.  NRS 615.280 is hereby amended to read as follows:

    615.280  1.  Any person applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the bureau or the [director] administrator with respect to him is entitled, in accordance with regulations, to a fair hearing before a hearing officer.

    2.  A person aggrieved by the decision of a hearing officer is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.


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1999 Statutes of Nevada, Page 873 (Chapter 167, AB 203)

 

    Sec. 11.  Notwithstanding the amendatory provisions of section 5 of this act, the members of the advisory committee on traumatic brain injuries appointed by the director of the department of employment, training and rehabilitation pursuant to NRS 426A.060 before the effective date of this act remain members of the advisory committee for the duration of the respective terms to which they were appointed.

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

________

 

CHAPTER 168, AB 215

Assembly Bill No. 215–Assemblymen Humke, Beers, Hettrick, Perkins, Buckley, Giunchigliani, Berman, Gibbons and Chowning

 

CHAPTER 168

 

AN ACT relating to escrows; requiring the holder of an escrow to record certain information regarding the license or certificate of cooperation of a real estate broker, broker-salesman or salesman at the time an escrow for the sale of real property is established; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  Chapter 645A of NRS is hereby amended by adding thereto a new section to read as follows:

    At the time that an escrow for the sale of real property is established, the holder of the escrow shall record in writing the number and the date of expiration of the:

    1.  License issued pursuant to chapter 645 of NRS; or

    2.  Certificate of cooperation issued pursuant to NRS 645.605,

of any real estate broker, broker-salesman or salesman who will be paid compensation from money held in the escrow for performing the services of a real estate broker, broker-salesman or salesman in the transaction that is the subject of the escrow. The holder of the escrow is not required to verify independently the validity of the number of the license or certificate.

________

 


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1999 Statutes of Nevada, Page 874

 

CHAPTER 169, AB 231

Assembly Bill No. 231–Committee on Judiciary

 

CHAPTER 169

 

AN ACT relating to children; imposing certain requirements before a court may waive arrearages in the payment of child support; expanding the class of persons to whom district attorneys must provide certain services for the support of children; clarifying certain provisions regarding the appointment of a guardian ad litem in an action to determine paternity; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  Chapter 125B of NRS is hereby amended by adding thereto a new section to read as follows:

    Before a court issues or modifies an order for the support of a child, the court shall determine whether any of the parties to the proceeding are receiving or have ever received public assistance. If the court determines that any of those parties are receiving or have ever received public assistance, the court shall not waive any arrearages in the payment of child support until after it has provided the welfare division of the department of human resources with notice and an opportunity to be heard regarding the matter.

    Sec. 2.  NRS 125B.002 is hereby amended to read as follows:

    125B.002  As used in NRS 125B.002 to 125B.180, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 125B.004 and 125B.008 have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 125B.150 is hereby amended to read as follows:

    125B.150  1.  The district attorney of the county of residence of the child , or of a parent , alleged parent or guardian who does not have physical custody of the child , shall take such action as is necessary to establish parentage of the child and locate and take legal action, including the establishment or adjustment of an obligation of support, against a [parent] person who has a duty to support the child when requested to do so by the [custodial] parent , alleged parent or guardian or a public agency which provides assistance to the parent , alleged parent, guardian or child. If the court for cause transfers the action to another county, the clerk of the receiving court shall notify the district attorney of that county, and that district attorney shall proceed to prosecute the cause of action and take such further action as is necessary to establish parentage and to establish or adjust the obligation of support and to enforce the payment of support pursuant to this chapter or chapter 31A, 126, 130 or 425 of NRS.

    2.  In a county where the district attorney has deputies to aid him in the performance of his duties, the district attorney shall designate himself or a particular deputy as responsible for performing the duties imposed by subsection 1.

    3.  Except as otherwise provided in NRS 126.101, the district attorney and his deputies do not represent the parent , alleged parent, guardian or [the] child in the performance of their duties pursuant to this chapter and chapter 31A, 126, 130 or 425 of NRS, but are rendering a public service as representatives of the state.


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1999 Statutes of Nevada, Page 875 (Chapter 169, AB 231)

 

chapter 31A, 126, 130 or 425 of NRS, but are rendering a public service as representatives of the state.

    4.  Officials of the welfare division of the department of human resources are entitled to access to the information obtained by the district attorney if that information is relevant to the performance of their duties. The district attorney or his deputy shall inform each person who provides information pursuant to this section concerning the limitations on the confidentiality between lawyer and client under these circumstances.

    5.  Disclosures of criminal activity by a parent or child are not confidential.

    6.  The district attorney shall inform each parent who applies for his assistance in this regard that a procedure is available to collect unpaid support from any refund owed to the parent who has a duty to support the child because an excessive amount of money was withheld to pay his federal income tax. The district attorney shall submit to the welfare division all documents and information it requires to pursue such a collection if:

    (a) The applicant is not receiving public assistance.

    (b) The district attorney has in his records:

         (1) A copy of the order of support for a child and any modifications of the order which specify their date of issuance and the amount of the ordered support;

         (2) A copy of a record of payments received or, if no such record is available, an affidavit signed by the custodial parent attesting to the amount of support owed; and

         (3) The current address of the custodial parent.

    (c) From the records in his possession, the district attorney has reason to believe that the amount of unpaid support is not less than $500.

Before submitting the documents and information to the welfare division, the district attorney shall verify the accuracy of the documents submitted relating to the amount claimed as unpaid support and the name and social security number of the parent who has a duty to support the child. If the district attorney has verified this information previously, he need not reverify it before submitting it to the welfare division.

    7.  The welfare division shall adopt such regulations as are necessary to carry out the provisions of subsection 6.

    Sec. 4.  NRS 126.101 is hereby amended to read as follows:

    126.101  1.  The child must be made a party to the action. If he is a minor, he must be represented by his general guardian or a guardian ad litem appointed by the court. The child’s mother or father may not represent the child as guardian or otherwise. If a district attorney brings an action pursuant to NRS 125B.150 [,] and the interests of the child:

    (a) Are adequately represented by the appointment of the district attorney as his guardian ad litem, the district attorney shall act as guardian ad litem for the child without the need for court appointment . [, if the interests of the child are adequately represented by the appointment of the district attorney. If the interests of the child are]

    (b) Are not adequately represented by the appointment [,] of the district attorney as his guardian ad litem, the welfare division of the department of human resources must be appointed as guardian ad litem in the case.


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1999 Statutes of Nevada, Page 876 (Chapter 169, AB 231)

 

    2.  The natural mother and a man presumed to be the father under NRS 126.051 must be made parties, but if more than one man is presumed to be the natural father, only a man presumed pursuant to subsection 2 of NRS 126.051 is an indispensable party. Any other presumed or alleged father may be made a party.

    3.  The court may align the parties.

________

 

CHAPTER 170, AB 249

Assembly Bill No. 249–Committee on Health and Human Services

 

CHAPTER 170

 

AN ACT relating to Medicaid; amending the provisions governing the recovery of assets pursuant to the Medicaid estate recovery program; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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 a new section to read as follows:

    1.  Except as otherwise provided in this section, the welfare division shall, to the extent that it is not prohibited by federal law, recover from a recipient of public assistance, the estate of the recipient, the undivided estate of a recipient of Medicaid or a person who signed the application for public assistance on behalf of the recipient an amount not to exceed the amount of public assistance incorrectly paid to the recipient, if the person who signed the application:

    (a) Failed to report any required information to the welfare division that the person knew at the time he signed the application; or

    (b) Failed to report to the welfare division within the period allowed by the welfare division any required information that the person obtained after he filed the application.

    2.  Except as otherwise provided in this section, a recipient of incorrectly paid public assistance, the undivided estate of a recipient of Medicaid or a person who signed the application for public benefits on behalf of the recipient shall reimburse the division or appropriate state agency for the value of the incorrectly paid public assistance.

    3.  The administrator or his designee may, to the extent that it is not prohibited by federal law, determine the amount of, and settle, adjust, compromise or deny a claim against a recipient of public assistance, the estate of the recipient, the undivided estate of a recipient of Medicaid or a person who signed the application for public assistance on behalf of the recipient.

    4.  The administrator may, to the extent that it is not prohibited by federal law, waive the repayment of public assistance incorrectly paid to a recipient if the incorrect payment was not the result of an intentional misrepresentation or omission by the recipient and if repayment would cause an undue hardship to the recipient. The administrator shall, by regulation, establish the terms and conditions of such a waiver, including, without limitation, the circumstances that constitute undue hardship.


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1999 Statutes of Nevada, Page 877 (Chapter 170, AB 249)

 

regulation, establish the terms and conditions of such a waiver, including, without limitation, the circumstances that constitute undue hardship.

    Sec. 2.  NRS 422.054 is hereby amended to read as follows:

    422.054  “Undivided estate” means all real and personal property and other assets included in the estate of a deceased recipient of Medicaid and any other real and personal property and other assets in or to which he had an interest or legal title immediately before or at the time of his death, to the extent of that interest or title. The term includes , without limitation, assets [passing by reason of joint tenancy, reserved life estate, survivorship or trust, and] conveyed to a survivor, heir or assign of the deceased recipient through joint tenancy, tenancy in common, survivorship, life estate, living trust or other arrangement, including, without limitation, any of the decedent’s separate property and his interest in community property that was transferred to a community spouse pursuant to NRS 123.259 or pursuant to an order of a district court under any other provision of law.

    Sec. 3.  NRS 422.2935 is hereby amended to read as follows:

    422.2935  1.  Except as otherwise provided in this section [, the welfare division shall,] and to the extent it is not prohibited by federal law and when circumstances allow [:

    (a) Recover] , the welfare division shall recover benefits correctly paid for Medicaid from:

         [(1)] (a) The undivided estate of the person who received those benefits; and

         [(2)] (b) Any recipient of money or property from the undivided estate of the person who received those benefits.

    [(b) Recover from the recipient of Medicaid or the person who signed the application for Medicaid on behalf of the recipient an amount not to exceed the benefits incorrectly paid to the recipient if the person who signed the application:

         (1) Failed to report any required information to the welfare division which he knew at the time he signed the application; or

         (2) Failed within the period allowed by the welfare division to report any required information to the welfare division which he obtained after he filed the application.]

    2.  The welfare division shall not recover benefits pursuant to [paragraph (a) of] subsection 1, except from a person who is neither a surviving spouse nor a child, until after the death of the surviving spouse, if any, and only at a time when the person who received the benefits has no surviving child who is under 21 years of age or is blind or permanently and totally disabled.

    3.  Except as otherwise provided by federal law, if a transfer of real or personal property by a recipient of Medicaid is made for less than fair market value, the welfare division may pursue any remedy available pursuant to chapter 112 of NRS with respect to the transfer.

    4.  The amount of Medicaid paid to or on behalf of a person is a claim against the estate in any probate proceeding only at a time when there is no surviving spouse or surviving child who is under 21 years of age or is blind or permanently and totally disabled.

    5.  The administrator may elect not to file a claim against the estate of a recipient of Medicaid or his spouse if he determines that the filing of the claim will cause an undue hardship for the spouse or other survivors of the recipient.


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1999 Statutes of Nevada, Page 878 (Chapter 170, AB 249)

 

claim will cause an undue hardship for the spouse or other survivors of the recipient. The administrator shall adopt regulations defining the circumstances that constitute an undue hardship.

    6.  Any recovery of money obtained pursuant to this section must be applied first to the cost of recovering the money. Any remaining money must be divided among the Federal Government, the department and the county in the proportion that the amount of assistance each contributed to the recipient bears to the total amount of the assistance contributed.

    7.  [An action to recover money owed to the department of human resources as a result of the payment of benefits for Medicaid must be commenced within 6 months after the cause of action accrues. A cause of action accrues after all of the following events have occurred:

    (a) The death of the recipient of Medicaid;

    (b) The death of the surviving spouse of the recipient of Medicaid;

    (c) The death of all children of the recipient of Medicaid who are blind or permanently and totally disabled as determined in accordance with 42 U.S.C. ง 1382c; and

    (d) The arrival of all other children of the recipient of Medicaid at the age of 21 years.] Any recovery by the welfare division from the undivided estate of a recipient pursuant to this section must be paid in cash to the extent of:

    (a) The amount of Medicaid paid to or on behalf of the recipient after October 1, 1993; or

    (b) The value of the remaining assets in the undivided estate,

whichever is less.

    Sec. 4.  NRS 422.29355 is hereby amended to read as follows:

    422.29355  1.  The welfare division may, to the extent not prohibited by federal law, petition for the imposition of a lien pursuant to the provisions of NRS 108.850 against real or personal property of a recipient of Medicaid as follows:

    (a) The welfare division may obtain a lien against a recipient’s property, both real or personal, before or after his death in the amount of assistance paid or to be paid on his behalf if the court determines that assistance was incorrectly paid for the recipient.

    (b) The welfare division may seek a lien against the real property of a recipient at any age before his death in the amount of assistance paid or to be paid for him if he is an inpatient in a nursing facility, intermediate care facility for the mentally retarded or other medical institution and the welfare division determines, after notice and opportunity for a hearing in accordance with its regulations, that he cannot reasonably be expected to be discharged and return home.

    2.  No lien may be placed on a recipient’s home pursuant to paragraph (b) of subsection 1 for assistance correctly paid if:

    (a) His spouse;

    (b) His child who is under 21 years of age or blind or permanently and totally disabled as determined in accordance with 42 U.S.C. ง 1382c; or

    (c) His brother or sister who is an owner or part owner of the home and who was residing in the home for at least 1 year immediately before the date the recipient was admitted to the medical institution,

is lawfully residing in the home.


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1999 Statutes of Nevada, Page 879 (Chapter 170, AB 249)

 

    3.  Upon the death of a recipient the welfare division may seek a lien upon his undivided estate as defined in NRS 422.054.

    4.  The state welfare administrator shall release a lien pursuant to this section:

    (a) Upon notice by the recipient or his representative to the administrator that the recipient has been discharged from the medical institution and has returned home;

    (b) If the lien was incorrectly determined; or

    (c) Upon satisfaction of the welfare division’s claim.

    Sec. 5.  NRS 147.070 is hereby amended to read as follows:

    147.070  1.  Every claim for an amount of $250 or more filed with the clerk must be supported by the affidavit of the claimant that:

    (a) The amount is justly due (or if the claim is not yet due, that the amount is a just demand and will be due on the ..... day of ........).

    (b) No payments have been made thereon which are not credited.

    (c) There are no offsets to the amount demanded to the knowledge of the claimant or other affiant.

    2.  Every claim filed with the clerk must contain the mailing address of the claimant. Any written notice mailed by an executor or administrator to the claimant at the address furnished is proper notice.

    3.  When the affidavit is made by any other person than the claimant, the reasons why it is not made by the claimant must be set forth in the affidavit.

    4.  The oath may be taken before any person authorized to administer oaths.

    5.  The amount of interest must be computed and included in the statement of the claim and the rate of interest determined.

    6.  [The] Except as otherwise provided in subsection 7, the court may, in its discretion, for good cause shown, allow a defective claim or affidavit to be corrected or amended on application made at any time before the filing of the final account.

    7.  The court shall allow the welfare division of the department of human resources to amend at any time before the filing of the final account a claim for the payment of benefits for Medicaid that the division identifies after the original claim has been filed.

    Sec. 6.  NRS 147.110 is hereby amended to read as follows:

    147.110  1.  Within 15 days after the time for filing claims has expired, as provided in this chapter, the executor or administrator shall examine all claims filed and shall either endorse on each claim his allowance or rejection, with the day and the year thereof, or shall file a notice of allowance or rejection with the date and the year thereof, and such notice of allowance or rejection shall be attached to the claim allowed or rejected.

    2.  Within 5 days after the 15 days specified in subsection 1, the executor or administrator shall present all claims allowed by him to the district judge for his approval or rejection.

    3.  If an executor or administrator [shall refuse or neglect] refuses or neglects to endorse on a claim his allowance or rejection within 15 days, as specified in this section, or [shall] does not file a notice of allowance or rejection, the claim shall be deemed rejected, but the executor or administrator may, nevertheless, allow the claim at any time before the filing of the final account.


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1999 Statutes of Nevada, Page 880 (Chapter 170, AB 249)

 

administrator may, nevertheless, allow the claim at any time before the filing of the final account.

    4.  If a claim is deemed rejected pursuant to subsection 3, the executor or administrator must, not more than 10 days after the rejection, provide written notice of the rejection by registered mail to all affected creditors.

________

 

CHAPTER 171, AB 254

Assembly Bill No. 254–Committee on Government Affairs

 

CHAPTER 171

 

AN ACT relating to the incorporation of cities; deleting certain requirements for the incorporation of cities by general law; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 266.017 is hereby amended to read as follows:

    266.017  The area to be included in a city proposed to be incorporated pursuant to NRS 266.016 to 266.0445, inclusive, must:

    1.  Be currently used or suitable for residential, commercial, industrial or governmental purposes.

    2.  Be contiguous and urban in character, and include all contiguous area used for residential purposes.

    3.  [Have] In a county whose population is 100,000 or more, have an average population density which is:

    (a) Not less than four persons per acre if the proposed city is within 7 miles of the county seat; or

    (b) At least equal to the density of any city that is within 7 miles of the proposed boundaries, if the proposed city is not within 7 miles of the county seat.

If the area proposed to be included in the city is more than 7 miles away from the county seat and more than 7 miles away from any existing city, there is no requirement concerning density of population.

    4.  Not include any portion of a parcel of privately owned real property that has not been subdivided and is 100 acres or more in area without the written consent of the owner.

    5.  Not include any area within the boundaries of an existing incorporated city.

    6.  If the area of a city proposed to be incorporated is located in a county whose population is 100,000 or more and includes the area of any unincorporated town, include the entire area of the unincorporated town.

    Sec. 2.  NRS 266.0285 is hereby amended to read as follows:

    266.0285  1.  To determine the advisability of incorporation and the feasibility of the proposed city, the board of county commissioners shall consider the following factors with regard to the area proposed to be incorporated:


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1999 Statutes of Nevada, Page 881 (Chapter 171, AB 254)

 

    (a) Its population and , if the area is located in a county whose population is 100,000 or more, the density of population;

    (b) The land area, land uses, topography, natural boundaries and drainage basin;

    (c) The extent to which the area is devoted to agriculture, mineral production or other uses that may not require significant improvements to the property;

    (d) The extent of commercial and industrial development;

    (e) The extent and age of residential development;

    (f) The comparative size and assessed value of subdivided land and unsubdivided land;

    (g) Current and potential issues concerning transportation;

    (h) Past expansion of population and construction;

    (i) The likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next 10 years;

    (j) The present cost, method and adequacy of regulatory controls and governmental service, including, but not limited to, water and sewer service, fire rating and protection, police protection, improvement and maintenance of streets, administrative services and recreational facilities in the area and the future need for such services and controls;

    (k) The present and projected revenues for the county and the proposed city;

    (l) The probable effect of incorporation on revenues and services in the county and local governments in adjacent areas;

    (m) The probable effect of the proposed incorporation and of any alternatives to incorporation on the social, economic and governmental structure of the affected county and adjacent areas;

    (n) The probable effect of the proposed incorporation and of any alternatives to incorporation on the availability and requirement of water and other natural resources; and

    (o) Any determination by a governmental agency that the area is suitable for residential, commercial or industrial development, or that the area will be opened to private acquisition.

    2.  If the area proposed to be incorporated is within 5 miles of an existing city, in addition to the factors listed in subsection 1, the board of county commissioners shall consider:

    (a) The size and population of the existing city;

    (b) Growth in population and commercial and industrial development in the existing city during the past 10 years;

    (c) Any extension of the boundaries of the existing city during the past 10 years;

    (d) The probability of growth of the existing city toward the area proposed to be incorporated in the next 10 years, considering natural barriers and other factors that might influence such growth; and

    (e) The willingness of the existing city to annex the area proposed for incorporation and to provide services to the area.

    3.  The board of county commissioners shall also consider:


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1999 Statutes of Nevada, Page 882 (Chapter 171, AB 254)

 

    (a) The recommendations of any commission, agency, district or member of the public who submits a written report;

    (b) Testimony from any person who testifies at a hearing; and

    (c) Existing petitions for annexation of any part of the area.

________

 

CHAPTER 172, AB 255

Assembly Bill No. 255–Committee on Government Affairs

 

CHAPTER 172

 

AN ACT relating to state financial administration; requiring biennial reporting by the director of the department of administration on the status of internal accounting and administrative controls in certain state agencies; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 353A.025 is hereby amended to read as follows:

    353A.025  1.  The head of each agency shall periodically review the agency’s system of internal accounting and administrative control to determine whether it is in compliance with the uniform system of internal accounting and administrative control for agencies adopted pursuant to subsection 1 of NRS 353A.020.

    2.  On or before July 1 of each even-numbered year, the head of each agency shall report to the director whether the agency’s system of internal accounting and administrative control is in compliance with the uniform system adopted pursuant to subsection 1 of NRS 353A.020. The reports must be made available for inspection by the members of the legislature.

    3.  The director shall, on or before the first Monday in February of each odd-numbered year, submit a report on the status of internal accounting and administrative controls in agencies to the:

    (a) Director of the legislative counsel bureau for transmittal to the:

         (1) Senate standing committee on finance; and

         (2) Assembly standing committee on ways and means;

    (b) Governor; and

    (c) Legislative auditor.

    4.  The report submitted by the director pursuant to subsection 3 must include, without limitation:

    (a) The identification of each agency that has not complied with the requirements of subsections 1 and 2;

    (b) The identification of each agency that does not have an effective method for reviewing its system of internal accounting and administrative control; and

    (c) The identification of each agency that has weaknesses in its system of internal accounting and administrative control, and the extent and types of such weaknesses.

________


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1999 Statutes of Nevada, Page 883

 

CHAPTER 173, AB 260

Assembly Bill No. 260–Committee on Government Affairs

 

CHAPTER 173

 

AN ACT relating to ethics in government; revising the definition of “public officer” to exclude a county health officer; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 281.4365 is hereby amended to read as follows:

    281.4365  1.  “Public officer” means a person elected or appointed to a position which is established by the constitution of the State of Nevada, a statute of this state or an ordinance of any of its counties or incorporated cities and which involves the exercise of a public power, trust or duty. As used in this section, “the exercise of a public power, trust or duty” includes:

    (a) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of public policy;

    (b) The expenditure of public money; and

    (c) The enforcement of laws and rules of the state, a county or a city.

    2.  “Public officer” does not include:

    (a) Any justice, judge or other officer of the court system;

    (b) A commissioner of deeds;

    (c) Any member of a board, commission or other body whose function is advisory; [or]

    (d) Any member of a board of trustees for a general improvement district or special district whose official duties do not include the formulation of a budget for the district or the authorization of the expenditure of the district’s money [.] ; or

    (e) A county health officer appointed pursuant to NRS 439.290.

    Sec. 2.  This act becomes effective upon passage and approval.

________

 


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1999 Statutes of Nevada, Page 884

 

CHAPTER 174, AB 414

Assembly Bill No. 414–Committee on Government Affairs

 

CHAPTER 174

 

AN ACT relating to county recorders; increasing the fee charged by a county recorder for certifying a document; prohibiting the recording of certain documents that do not contain certain information; revising the manner in which the county recorder provides the welfare division of the department of human resources with information contained in an affidavit of death; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 247.305 is hereby amended to read as follows:

    247.305  1.  If another statute specifies the fee to be charged for a service, county recorders shall charge and collect only the fee specified. Otherwise county recorders shall charge and collect the following fees:

 

For recording any document, for the first page.................................................................................................................... $7

    For each additional page........................................................................................................................................................ 1

For recording each portion of a document which must be separately indexed, after the first indexing...................... 3

For copying any record, for each page..................................................................................................................................... 1

For certifying, including certificate and seal [, for the first seal........................................................................................... 3

    For each additional seal..................................................................................................................................................... 1] 4

For a certified copy of a certificate of marriage..................................................................................................................... 7

For a certified abstract of a certificate of marriage............................................................................................................... 7

 

    2.  Except as otherwise provided in subsection 3, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by him to:

    (a) The county in which his office is located.

    (b) The State of Nevada or any city or town within the county in which his office is located, if the document being recorded:

         (1) Conveys to the state, or to that city or town, an interest in land;

         (2) Is a mortgage or deed of trust upon lands within the county which names the state or that city or town as beneficiary;

         (3) Imposes a lien in favor of the state or that city or town; or

         (4) Is a notice of the pendency of an action in eminent domain filed by the state pursuant to NRS 37.060.

    3.  A county recorder shall charge and collect the fees specified in this section for copying of any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his certificate and seal upon the copy, the county recorder shall charge the regular fee.

    4.  For purposes of this section, “State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his official capacity.


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1999 Statutes of Nevada, Page 885 (Chapter 174, AB 414)

 

    5.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

    Sec. 2.  NRS 111.312 is hereby amended to read as follows:

    111.312  1.  The county recorder shall not record with respect to real property, a notice of completion, a declaration of homestead, a lien or notice of lien, an affidavit of death, a mortgage or deed of trust, or any conveyance of real property or instrument in writing setting forth an agreement to convey real property unless [it contains] the document being recorded contains:

    (a) The mailing address of the grantee or, if there is no grantee, the mailing address of the person who is requesting the recording of the document; and [the]

    (b) The assessor’s parcel number of the property [,] at the top of the first page of the document, if the county assessor has assigned a parcel number to the property. The county recorder is not required to verify that the assessor’s parcel number is correct.

    2.  The assessor’s parcel number shall not be deemed to be a complete legal description of the real property conveyed.

    Sec. 3.  NRS 111.365 is hereby amended to read as follows:

    111.365  1.  In the case of real property owned by two or more persons as joint tenants or as community property with right of survivorship, it is presumed that all title or interest in and to that real property of each of one or more deceased joint tenants or the deceased spouse has terminated, and vested solely in the surviving joint tenant or spouse or vested jointly in the surviving joint tenants, if there has been recorded in the office of the recorder of the county or counties in which the real property is situate an affidavit, subscribed and sworn to by a person who has knowledge of the facts required in this subsection, which sets forth the following:

    (a) The family relationship, if any, of the affiant to each deceased joint tenant or the deceased spouse;

    (b) A description of the instrument or conveyance by which the joint tenancy or right of survivorship was created;

    (c) A description of the property subject to the joint tenancy or right of survivorship; and

    (d) The date and place of death of each deceased joint tenant or the deceased spouse.

    2.  [The] Each month, a county recorder shall send [a copy of the affidavit] all the information contained in each affidavit received by him pursuant to subsection 1 during the immediately preceding month to the welfare division of the department of human resources [by certified mail, return receipt requested, postage prepaid, within 3 days after the affidavit is recorded.] in any format and by any medium approved by the welfare division.

________

 


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1999 Statutes of Nevada, Page 886

 

CHAPTER 175, AB 425

Assembly Bill No. 425–Assemblywoman Von Tobel

 

CHAPTER 175

 

AN ACT relating to the Moapa Valley Water District; expanding the jurisdiction and service area of the district; reducing the size of the governing board of the district; clarifying the length of the terms of the members of the governing board; revising the provisions governing the filling of a vacancy on the governing board; eliminating certain obsolete provisions; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  Section 1 of chapter 477, Statutes of Nevada 1983, at page 1262, is hereby amended to read as follows:

     Section 1.  There is hereby created a political subdivision of this state to be known as the “Moapa Valley Water District.” The jurisdiction and service area of the district are all that real property located in Clark County, Nevada, described as follows:

     Sections 8, 9, 13, 14, 15, 16, 17, 21, 22, 23, 24, 25, 26 , 35 and 36, T. 14 S., R. 65 E., M.D.B. & M.; section 1, T. 15 S., R. 65 E., M.D.B. & M.; sections 15, 16, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, T. 14 S., R. 66 E., M.D.B. & M.; sections 1, 2, 3, 4, 5, 6, 9 and 12, T. 15 S., R. 66 E., M.D.B. & M.; sections 6, 7, 8, 14, 15, 16, 17, 21, 22, 23, 24, 25, 26, 27, 28, 34, 35 and 36, T. 15 S., R. 67 E., M.D.B. & M.; section 31, T. 15 S., R. 68 E., M.D.B. & M.; sections 1, 2, 3, 10, 11, 12, 13, 14, 24 and 25, T. 16 S., R. 67 E., M.D.B. & M.; sections 6, 7, [8,] 17, 18, 19, 20, 30 and 31, T. 16 S., R. 68 E., M.D.B. & M.

    Sec. 2.  Section 4 of chapter 477, Statutes of Nevada 1983, at page 1264, is hereby amended to read as follows:

     Sec. 4.  All powers, duties and privileges of the Moapa Valley Water District must be exercised and performed by the governing board of the district. Except as otherwise provided in [this section,] section 5 of this chapter, the board consists of [seven] five members elected as prescribed in this act. [The first board consists of the respective members of the governing boards of the Moapa Valley Water Company and Overton Water District sitting upon the effective date of this act. The members of the first board shall convene within 30 days after the effective date of this act to commence and continue operation of the district until election of their successors in conjunction with the Clark County general election in 1984.] A simple majority of the members of the [first] board constitutes a quorum. The vote of a simple majority of the quorum is required [in order] to take action.

    Sec. 3.  Section 5 of chapter 477, Statutes of Nevada 1983, as amended by chapter 608, Statutes of Nevada 1987, at page 1457, is hereby amended to read as follows:

     Sec. 5.  1.  [Except for members of the first board,] The members of the board [, in the manner provided in this section,] must be elected at a general district election held in conjunction with the general election of Clark County .


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1999 Statutes of Nevada, Page 887 (Chapter 175, AB 425)

 

be elected at a general district election held in conjunction with the general election of Clark County . [in 1984 and with each such general election every 2 years thereafter. Each member must reside in the portion of the service area which he represents and must be elected by a plurality of the registered voters of the election area.] Except as otherwise provided in section 6 of this chapter, each member of the board shall serve a term of 4 years.

     2.  Except as otherwise provided in subsection 4, the election areas for the district must be the election precincts of Moapa-Glendale, Logandale and Overton.

     3.  At the general district election next preceding the expiration of the terms of office of [the] members of the board, [and at each such election in every 4th year thereafter,] there must be elected respective members of the board representing the election areas of the district.

     4.  The board shall adjust the number of representatives [and] or election areas , or both, of the district [must be adjusted by the board] whenever necessary to [assure,] ensure, as nearly as practicable, equal representation upon the board for all registered voters residing within the service area.

    Sec. 4.  Section 6 of chapter 477, Statutes of Nevada 1983, at page 1265, is hereby amended to read as follows:

     Sec. 6.  1.  [Except as otherwise provided in sections 4 and 5 of this act, each] Each member of the board must:

     (a) Reside in the election area represented for at least 6 months before the election at which the member is elected;

     (b) Be a qualified elector of the election area represented; and

     (c) [Be elected by the qualified electors of the election area represented; and

     (d)] Take office upon qualification therefor as provided in subsection 2, or on the 1st Monday in January next following the member’s election, whichever is later, and leave office upon the 1st Monday in January next following the election of the member’s successor in office.

     2.  Before taking office, each member of the board must qualify by filing with the clerk of Clark County:

     (a) An oath of office taken and subscribed in the manner prescribed by the clerk; and

     (b) A corporate surety bond, at the expense of the district, in an amount determined by the clerk, but no greater than $10,000, which bond must guarantee the faithful performance of the duties of the member.

     3.  A vacancy on the board must be filled by an appointment [of] made by the remaining members of the board. The person so appointed must be a resident and elector of the election area represented, and, before taking office, qualify in the manner prescribed in subsection 2. The person shall serve [the remainder] until the first Monday in January following the next general district election. If that general district election precedes the expiration of the term of the member whose absence required [his appointment.] the appointment, the balance of that term must be filled at that general district election in the same manner as prescribed for the election of other members of the board.


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1999 Statutes of Nevada, Page 888 (Chapter 175, AB 425)

 

the appointment, the balance of that term must be filled at that general district election in the same manner as prescribed for the election of other members of the board. If the board fails, neglects or refuses to fill a vacancy within 30 days after a vacancy occurs, the board of county commissioners of Clark County shall fill the vacancy.

    Sec. 5.  Section 8 of chapter 477, Statutes of Nevada 1983, at page 1266, is hereby amended to read as follows:

     Sec. 8.  1.  The board shall:

     (a) Choose one of its members chairman of the board and president of the district, and prescribe the term of office [,] and the powers and duties thereof.

     (b) Fix the time and place at which its regular meetings must be held and provide for the calling and conduct of special meetings.

     (c) Fix the location of the principal place of business of the district.

     (d) Elect a secretary-treasurer of the board and the district, who may or may not be a member of the board.

     (e) Appoint a general manager , who must not be a member of the board.

     (f) Delegate and redelegate to officers of the agency the power to employ necessary executives, clerical workers, engineering assistants and laborers, and retain legal, accounting or engineering services, subject to such conditions and restrictions as may be imposed by the board.

     (g) Prescribe the powers, duties, compensation and benefits of all officers and employees of the district, and require all bonds necessary to protect the [funds] money and other property of the district.

     (h) Take all actions and do all things reasonably and lawfully necessary [in order] to conduct the business of the district and achieve the purpose of this act.

     2.  [Except as otherwise provided for the first board, no] No regular or special meeting of the board may commence or continue unless a quorum of at least [four] three members is present. A majority vote of the quorum present is required to take action with respect to any matter.

     3.  Members of the board serve without compensation, except that they are entitled to reasonable per diem and travel expenses, set by the board, for attendance at meetings and [conduct of] conducting other business of the district . [business.]

    Sec. 6.  Notwithstanding the amendatory provisions of section 2 of this act, the members of the governing board of the Moapa Valley Water District on July 1, 1999, may serve the remainder of their respective current terms. The seats of two of the members of the governing board of the Moapa Valley Water District whose terms expire on the first Monday in January 2001, must not be filled at the general district election held in 2000. The governing board shall determine the two seats that will not be filled.

    Sec. 7.  This act becomes effective on July 1, 1999.

________

 


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1999 Statutes of Nevada, Page 889

 

CHAPTER 176, AB 445

Assembly Bill No. 445–Committee on Government Affairs

 

CHAPTER 176

 

AN ACT relating to purchasing by local governments; exempting contracts for the purchase of computer hardware and associated peripheral equipment and devices from the requirements for competitive bidding set forth in the Local Government Purchasing Act; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 332.115 is hereby amended to read as follows:

    332.115  1.  Contracts which by their nature are not adapted to award by competitive bidding, including contracts for:

    (a) Items which may only be contracted from a sole source;

    (b) Professional services;

    (c) Additions to and repairs and maintenance of equipment which may be more efficiently added to, repaired or maintained by a certain person;

    (d) Equipment which, by reason of the training of the personnel or of an inventory of replacement parts maintained by the local government is compatible with existing equipment;

    (e) Purchases of perishable goods by a county or district hospital;

    (f) Insurance;

    (g) Hardware and associated peripheral equipment and devices for computers;

    (h) Software for computers;

    [(h)] (i) Books, library materials and subscriptions;

    [(i)] (j) Motor vehicle fuel purchased by a local law enforcement agency for use in an undercover investigation;

    [(j)] (k) Motor vehicle fuel for use in a vehicle operated by a local law enforcement agency or local fire department if such fuel is not available within the vehicle’s assigned service area from a fueling station owned by the State of Nevada or a local government;

    [(k)] (l) Purchases made with money in a store fund for prisoners in a jail or local detention facility for the provision and maintenance of a canteen for the prisoners; and

    [(l)] (m) Supplies, materials or equipment that are available from the General Services Administration or another governmental agency in the regular course of its business,

are not subject to the requirements of this chapter for competitive bidding as determined by the governing body or its authorized representative.

    2.  The purchase of equipment for use by a local law enforcement agency in the course of an undercover investigation is not subject to the requirements of this chapter for competitive bidding if:

    (a) The equipment is an electronic or mechanical device which by design is intended to monitor and document in a clandestine manner suspected criminal activity; and


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1999 Statutes of Nevada, Page 890 (Chapter 176, AB 445)

 

    (b) Purchasing the equipment pursuant to such requirements would limit or compromise the use of such equipment by an agency authorized to conduct such investigations.

    3.  The governing body of a hospital required to comply with the provisions of this chapter, or its authorized representative, may purchase goods commonly used by the hospital, under a contract properly awarded pursuant to NRS 332.065, without additional competitive bidding even if at the time the contract was awarded:

    (a) The vendor supplying such goods to the person awarded the contract was not identified as a supplier to be used by the person awarded the contract; or

    (b) The vendor was identified as a supplier but was not identified as the supplier of such goods.

The governing body of the hospital shall make available for public inspection each such contract and records related to those purchases.

    4.  Except in cases of emergency, at least 60 days before the expiration of an existing contract for insurance in which the local government is the insured, the governing body shall cause to be given, by advertising or in another manner deemed adequate and desirable by the governing body, notice of the date the contract for insurance expires.

    5.  Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids.

________

 

CHAPTER 177, AB 450

Assembly Bill No. 450–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 177

 

AN ACT relating to the division of minerals of the department of business and industry; requiring the commission on mineral resources to adopt regulations establishing the amount of certain fees imposed for the support of the division and for certain programs of the division; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 513.094 is hereby amended to read as follows:

    513.094  1.  An additional fee [of $1 per claim] , in an amount established pursuant to subsection 4, is imposed upon all filings to which NRS 517.185 applies. Each county recorder shall collect and pay over the additional fee, and the additional fee must be deposited in the same manner as provided in that section.

    2.  The administrator shall, within the limits of the money provided by this fee, establish a program to discover dangerous conditions that result from mining practices which took place at a mine that is no longer operating, identify if feasible the owner or other person responsible for the condition, and rank the conditions found in descending order of danger. [He] The administrator shall annually during the month of January, or more often if the danger discovered warrants, inform each board of county commissioners concerning the dangerous conditions found in the respective counties, including their degree of danger relative to one another and to such conditions found in the state as a whole.


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1999 Statutes of Nevada, Page 891 (Chapter 177, AB 450)

 

the danger discovered warrants, inform each board of county commissioners concerning the dangerous conditions found in the respective counties, including their degree of danger relative to one another and to such conditions found in the state as a whole. [He shall further] In addition, the administrator shall work to educate the public to recognize and avoid those hazards resulting from mining practices which took place at a mine that is no longer operating.

    3.  To carry out this program and these duties, the administrator shall employ a qualified assistant, who must be in the unclassified service of the state and whose position is in addition to the unclassified positions otherwise authorized in the division by statute.

    4.  The commission shall [provide] establish by regulation:

    (a) The fee required pursuant to subsection 1, in an amount not to exceed $4 per claim.

    (b) Standards for determining which conditions created by the abandonment of a former mine or its associated works constitute a danger to persons or animals and for determining the relative degree of danger. A condition whose existence violates a federal or state statute or regulation intended to protect public health or safety is a danger by virtue of that violation.

    [(b)] (c) Standards for abating the kinds of dangers usually found, including, but not limited to, standards for excluding persons and animals from dangerous open excavations.

    Sec. 2.  NRS 517.185 is hereby amended to read as follows:

    517.185  1.  In addition to any recording fee, each filing pursuant to NRS 517.050, 517.080, 517.110, 517.140, 517.170, 517.200 and 517.230 must be submitted with a filing fee [of $1.50 per claim.] in an amount established pursuant to subsection 2. The county recorder shall collect the filing fee and, on or before the fifth working day of each month, deposit with the county treasurer all such fees collected during the preceding month. The county treasurer shall quarterly pay the money collected to the division of minerals of the department of business and industry. The division shall deposit with the state treasurer, for credit to the account for the division of minerals, all money received pursuant to this section.

    2.  The commission on mineral resources shall, by regulation, establish the filing fee required pursuant to subsection 1 in an amount not to exceed $6 per claim.

    Sec. 3.  NRS 519A.250 is hereby amended to read as follows:

    519A.250  1.  An operator who is required by federal law to file a plan of operation or an amended plan of operation with the United States Bureau of Land Management or the United States Forest Service for operations relating to mining or exploration on public land administered by a federal agency, shall, not later than 30 days after approval of the plan or amended plan, provide the division of minerals of the department of business and industry with a copy of the filing and pay to the division of minerals a fee [of $20] in an amount established pursuant to subsection 5 for each acre or part of an acre of land to be disturbed by mining included in the plan or incremental acres to be disturbed pursuant to an amended plan.


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1999 Statutes of Nevada, Page 892 (Chapter 177, AB 450)

 

    2.  The division of minerals shall adopt by regulation a method of refunding a portion of the fee required by this section if a plan of operation is amended to reduce the number of acres or part of an acre to be disturbed pursuant to the amended plan. The refund must be based on the reduced number of acres or part of an acre to be disturbed.

    3.  All money received by the division of minerals pursuant to subsection 1 must be accounted for separately and used by the division of minerals to create and administer programs for:

    (a) The abatement of hazardous conditions existing at abandoned mine sites which have been identified and ranked pursuant to the degree of hazard established by regulations adopted by the division of minerals; and

    (b) The education of the public concerning the dangers of the hazardous conditions described in paragraph (a).

All interest and income earned on the money in the account, after deducting applicable charges, must be deposited in the account for the division of minerals.

    4.  On or before February 1 of each odd-numbered year, the division of minerals shall file a report with the governor and the legislature describing its activities, total revenues and expenditures pursuant to this section.

    5.  The commission on mineral resources shall, by regulation, establish the fee required pursuant to subsection 1 in an amount not to exceed $30 per acre.

    Sec. 4.  NRS 522.050 is hereby amended to read as follows:

    522.050  1.  A person desiring to drill a well in search of oil or gas shall notify the division of that intent on a form prescribed by the division and shall pay a fee [of $50] in an amount established pursuant to subsection 2 for a permit for each well. Upon receipt of notification and fee, the division shall promptly issue such a person a permit to drill, unless the drilling of the well is contrary to law or a regulation or order of the division. The drilling of a well is prohibited until a permit to drill is obtained in accordance with the provisions of this chapter.

    2.  The commission on mineral resources shall, by regulation, establish the fee required pursuant to subsection 1 in an amount not to exceed $200 per permit.

    Sec. 5.  NRS 522.150 is hereby amended to read as follows:

    522.150  1.  Any expenses in connection with Nevada’s affiliation with the Interstate Oil Compact Commission must be paid from the account for the division of minerals.

    2.  To pay the expenses of the division, every producer of oil or natural gas in this state shall on or before the last day of each month report to the division and to the state treasurer his production in this state of oil in barrels and of natural gas in thousands of cubic feet during the preceding month, and at the same time shall pay to the division an administrative fee in an amount established pursuant to subsection 3 on each barrel of oil and on every 50,000 cubic feet of natural gas produced and marketed by him during the preceding month. The division shall deposit with the state treasurer, for credit to the account for the division of minerals, all money received pursuant to this subsection. Every person purchasing such oil or natural gas is liable for the payment of the administrative fee per barrel of oil or per 50,000 cubic feet of natural gas, unless it has been paid by the producer.


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

1999 Statutes of Nevada, Page 893 (Chapter 177, AB 450)

 

feet of natural gas, unless it has been paid by the producer. [The administrative fee is 50 mills]

    3.  The commission on mineral resources shall, by regulation, establish the administrative fee required pursuant to subsection 2 in an amount not to exceed 20 cents per barrel of oil or per 50,000 cubic feet of natural gas.

    Sec. 6.  Notwithstanding the amendatory provisions of sections 1 to 5, inclusive, of this act, until the effective date of the regulations adopted by the commission on mineral resources pursuant to those sections, the amount of:

    1.  The fee required pursuant to NRS 513.094 is $1 per claim.

    2.  The filing fee required pursuant to NRS 517.185 is $1.50 per claim.

    3.  The fee required pursuant to NRS 519A.250 is $20 per acre.

    4.  The fee required pursuant to NRS 522.050 is $50 per permit.

    5.  The administrative fee required pursuant to NRS 522.150 is 50 mills per barrel of oil or per 50,000 cubic feet of natural gas.

    Sec. 7.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 178, AB 461

Assembly Bill No. 461–Committee on Government Affairs

 

CHAPTER 178

 

AN ACT relating to land use planning; authorizing a governing body or planning commission to consider certain criteria in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map with respect to certain tracts of land; authorizing a governing body to extend the period for recording an approved parcel map; increasing the amount that a governing body may set for the fee for filing a tentative map of division into large parcels; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 278.464 is hereby amended to read as follows:

    278.464  1.  Except as otherwise provided in subsection 2, if there is a planning commission, it shall:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days,

after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report. The planning commission shall submit the parcel map and the written report to the governing body.

    2.  If the governing body has authorized the planning commission to take final action on a parcel map, the planning commission shall:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days,

after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map. It shall file its written decision with the governing body. Unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.


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1999 Statutes of Nevada, Page 894 (Chapter 178, AB 461)

 

action within the period specified in this subsection, the parcel map shall be deemed approved.

    3.  If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days,

after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection 2 of NRS 278.461, review and approve, conditionally approve or disapprove the parcel map. Unless the time is extended by mutual agreement, if the governing body, the director of planning or other authorized person or agency fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

    4.  Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map. Before waiving the requirement for a parcel map, a determination must be made by the county surveyor, city surveyor or professional land surveyor appointed by the governing body that a survey is not required. Unless the time is extended by mutual agreement, a request for a waiver must be acted upon:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days,

after the date of the request for the waiver, or, in the absence of action, the waiver shall be deemed approved.

    5.  A governing body may consider or may, by ordinance, authorize the consideration of the criteria set forth in subsection 3 of NRS 278.349 in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map for land that has been divided by a parcel map which was recorded within the 5 years immediately preceding the acceptance of the second or subsequent parcel map as a complete application.

    6.  An applicant or other person aggrieved by a decision of the governing body’s authorized representative or by a final act of the planning commission may appeal to the governing body within a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days,

after the date the appeal is filed.

    [6.] 7.  If a parcel map and the associated division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing body’s designated representative or the chairman of the planning commission.


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1999 Statutes of Nevada, Page 895 (Chapter 178, AB 461)

 

    Sec. 2.  NRS 278.468 is hereby amended to read as follows:

    278.468  1.  If a parcel map is approved or deemed approved pursuant to NRS 278.464, the preparer of the map shall:

    (a) Cause the approved map to be recorded in the office of the county recorder within 1 year after the date the map [met all conditions required for approval.] was approved or deemed approved, unless the governing body establishes by ordinance a longer period, not to exceed 2 years, for recording the map. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

    (b) Pay a $17 fee to the county recorder for filing and indexing.

    2.  Upon receipt of a parcel map, the county recorder shall file the map in a suitable place. He shall keep proper indexes of parcel maps by the name of grant, tract, subdivision or United States subdivision.

    Sec. 3.  NRS 278.4713 is hereby amended to read as follows:

    278.4713  1.  Unless the filing of a tentative map is waived, a person who proposes to make a division of land pursuant to NRS 278.471 to 278.4725, inclusive, must first:

    (a) File a tentative map for the area in which the land is located with the planning commission or its designated representative or with the clerk of the governing body if there is no planning commission; and

    (b) Pay a filing fee of no more than [$250] $750 set by the governing body.

    2.  This map must be:

    (a) Entitled “Tentative Map of Division into Large Parcels”; and

    (b) Prepared and certified by a professional land surveyor.

    3.  This map must show:

    (a) The approximate, calculated or actual acreage of each lot and the total acreage of the land to be divided.

    (b) Any roads or easements of access which exist, are proposed in the applicable master plan or are proposed by the person who intends to divide the land.

    (c) Any easements for public utilities which exist or which are proposed.

    (d) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.

    (e) An indication of any existing road or easement which the owner does not intend to dedicate.

    (f) The name and address of the owner of the land.

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

________

 


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

1999 Statutes of Nevada, Page 896

 

CHAPTER 179, AB 489

Assembly Bill No. 489–Assemblymen Gibbons, Segerblom, Goldwater, Marvel, Berman, Hettrick, Cegavske, Humke, Chowning, Beers, de Braga, Von Tobel, Collins, Carpenter, Mortenson and Leslie

 

CHAPTER 179

 

AN ACT relating to occupational safety and health; requiring the administrator of the division of industrial relations of the department of business and industry to establish a section for enforcement and a section for safety and health consultation, education, information and training within the division; requiring those sections to perform certain duties; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  Chapter 618 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The administrator shall establish:

    (a) Within the division a section for:

         (1) Enforcement; and

         (2) Safety and health consultation, education, information and training.

    (b) Such duties, in addition to the duties described in subsections 2 and 3, as he deems necessary for the sections established pursuant to paragraph (a).

    2.  If authorized by the Secretary of Labor, the section for enforcement shall develop a program for small employers to eliminate or abate hazards to the safety and health of employees. Except as otherwise provided by federal law, if a small employer complies with the program for small employers, the section for enforcement may reduce any penalty, fine or interest imposed pursuant to this chapter.

    3.  The section for safety and health consultation, education, information and training shall establish:

    (a) A toll-free telephone number within this state to provide advice to a small employer who seeks assistance in complying with the requirements of this chapter; and

    (b) A program designed to assist a small employer in complying with the requirements of this chapter, including, as appropriate, the preparation and dissemination of pamphlets describing the requirements of this chapter.

    Sec. 2.  This act becomes effective on July 1, 1999.

________

 


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

1999 Statutes of Nevada, Page 897

 

CHAPTER 180, AB 531

Assembly Bill No. 531–Committee on Health and Human Services

 

CHAPTER 180

 

AN ACT relating to foster homes; clarifying and limiting the liability of certain persons who provide foster care for children in their care; limiting the criminal liability of such persons for the truancy of children in their care; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  Chapter 424 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided by specific statute, a person who is licensed by the division pursuant to NRS 424.030 to conduct a family foster home or group foster home is not liable for any act of a child in his foster care unless the person licensed by the division took an affirmative action that contributed to the act of the child.

    2.  The immunity from liability provided pursuant to this section includes, without limitation, immunity from any fine, penalty, debt or other liability incurred as a result of the act of the child.

    Sec. 2.  NRS 424.090 is hereby amended to read as follows:

    424.090  The provisions of NRS 424.010 to 424.100, inclusive, and section 1 of this act do not apply to homes in which:

    1.  Care is provided only for a neighbor’s or friend’s child on an irregular or occasional basis for a brief period, not to exceed 90 days.

    2.  Care is provided by the legal guardian.

    3.  Care is provided for an exchange student.

    4.  Care is provided to enable a child to take advantage of educational facilities that are not available in his home community.

    5.  Any child or children are received, cared for and maintained pending completion of proceedings for adoption of such child or children, except as otherwise provided in NRS 127.2815.

    Sec. 3.  NRS 41.470 is hereby amended to read as follows:

    41.470  1.  [Any] Except as otherwise provided in section 1 of this act, any act of willful misconduct of a minor which results in any injury or death to another person or injury to the private property of another or to public property is imputed to the parents or guardian having custody and control of the minor for all purposes of civil damages, and the parents or guardian having custody or control are jointly and severally liable with the minor for all damages resulting from the willful misconduct.

    2.  The joint and several liability of one or both parents or guardian having custody or control of a minor under this section [shall] must not exceed $10,000 for any such act of willful misconduct of the minor.

    3.  The liability imposed by this section is in addition to any other liability [now] imposed by law.


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

1999 Statutes of Nevada, Page 898 (Chapter 180, AB 531)

 

    Sec. 4.  NRS 62.085 is hereby amended to read as follows:

    62.085  1.  If a child is alleged to be delinquent or in need of supervision, the child and his parents, guardian or custodian must be advised by the court or its representative that the child is entitled to be represented by an attorney at all stages of the proceedings, unless waived. If indigent, the parent, guardian or custodian of the child may request the appointment of an attorney to represent the child pursuant to the provisions in NRS 171.188. If not indigent and:

    (a) An attorney is not retained for the child; or

    (b) It does not appear that an attorney will be retained,

an attorney must be appointed for the child, unless waived.

    2.  [If] Except as otherwise provided in section 1 of this act, if an attorney is appointed to represent a child [, the] :

    (a) The parents of that child shall pay the reasonable fees and expenses of the attorney unless they are indigent [.] ; or

    (b) If the parents of the child are indigent, the court may require the parent [, guardian or custodian] or guardian of the child to reimburse the county or state in accordance with his ability to pay.

    3.  The parent, guardian or custodian may be represented by an attorney at all stages of the proceedings. In no case may an attorney be appointed for him unless the court makes written findings that such an appointment is required in the interest of justice and specifying the reasons thereof.

    4.  Each attorney, other than a public defender, [if] appointed under the provisions of this section [,] is entitled to the same compensation and expenses from the county as provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with crimes.

    Sec. 5.  NRS 392.210 is hereby amended to read as follows:

    392.210  [Any]

    1.  Except as otherwise provided in subsection 2, a parent, guardian or other person who has control or charge of any child and to whom notice has been given of the child’s truancy as provided in NRS 392.130 and 392.140, and who fails to prevent the child’s subsequent truancy within that school year, is guilty of a misdemeanor.

    2.  A person who is licensed by the division of child and family services of the department of human resources pursuant to NRS 424.030 to conduct a family foster home or group foster home is liable pursuant to subsection 1 for a child in his foster care only if the person has received notice of the truancy of the child as provided in NRS 392.130 and 392.140, and negligently fails to prevent the subsequent truancy of the child within that school year.

    Sec. 6.  The amendatory provisions of this act do not affect any liability of a person incurred:

    1.  Before October 1, 1999; or

    2.  As a result of any act committed by a child before October 1, 1999.

________

 


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1999 Statutes of Nevada, Page 899

 

CHAPTER 181, AB 593

Assembly Bill No. 593–Committee on Judiciary

 

CHAPTER 181

 

AN ACT relating to gaming; providing that certain gaming employees who work in more than one location are not required to obtain more than one work permit; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 463.335 is hereby amended to read as follows:

    463.335  1.  The legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the board:

    (a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees and independent agents in the State of Nevada; and

    (b) Maintain confidential records of such information.

    2.  [A] Except as otherwise provided in subsections 3 and 4, a person may not be employed as a gaming employee or serve as an independent agent unless he is the holder of:

    (a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed and the provisions of this chapter; or

    (b) A valid work permit issued by the board, if a work permit is not required by either the county or the city . [,

except that an]

    3.  An independent agent is not required to hold a work permit if he is not a resident of this state and has registered with the board in accordance with the provisions of the regulations adopted by the commission.

    [3.] 4.  A person may be employed as a gaming employee for an operator of a slot machine route and perform duties for his employer in more than one county or city without obtaining a valid work permit for each county or city in which he performs those duties if the person holds:

    (a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are primarily performed and the provisions of this chapter; or

    (b) A valid work permit issued by the board, if a work permit is not required by either the county or the city in which his duties are primarily performed.

    5.  A gaming employee described in subsection 4 shall notify the licensing authority of each city and county in which he performs duties for his employer, other than the licensing authority that issued his valid work permit, that he has obtained a valid work permit pursuant to subsection 4.

    6.  A work permit issued to a gaming employee or an independent agent must have clearly imprinted thereon a statement that it is valid for gaming purposes only.


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1999 Statutes of Nevada, Page 900 (Chapter 181, AB 593)

 

    [4.] 7.  Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within 90 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, the authority may issue, renew or deny a work permit to the applicant. A gaming employee who is issued a work permit must obtain renewal of the permit from the issuing agency within 10 days following any change of his place of employment. An independent agent who is issued a work permit must obtain renewal of the permit from the issuing agency within 10 days after executing an agreement to serve as an independent agent within the jurisdiction of the issuing agency.

    [5.] 8.  If the board, within the 90‑day period, notifies:

    (a) The county or city licensing authority; and

    (b) The applicant,

that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued. The notice of objection by the board which is sent to the applicant must include a statement of the facts upon which the board relied in making its objection.

    [6.] 9.  Application for a work permit [, valid wherever a work permit is not required by any county or city licensing authority,] may be made to the board, and may be granted or denied for any cause deemed reasonable by the board. Whenever the board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application. Except for a permit issued to a person pursuant to subsection 4, a permit issued by the board is valid only in a county or city that does not require a work permit.

    [7.] 10.  Any person whose application for a work permit has been denied because of an objection by the board or whose application has been denied by the board may, not later than 60 days after receiving notice of the denial or objection, apply to the board for a hearing. A failure of a person whose application has been denied to apply for a hearing within 60 days or his failure to appear at a hearing of the board conducted pursuant to this section shall be deemed to be an admission that the denial or objection is well founded, and the failure precludes administrative or judicial review. At the hearing, the board shall take any testimony deemed necessary. After the hearing the board shall review the testimony taken and any other evidence, and shall within 45 days after the date of the hearing mail to the applicant its decision sustaining or reversing the denial of the work permit or the objection to the issuance of a work permit.

    [8.] 11.  The board may object to the issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the board. The board may object or refuse if the applicant has:

    (a) Failed to disclose or misstated information or otherwise attempted to mislead the board with respect to any material fact contained in the application for the issuance or renewal of a work permit;


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1999 Statutes of Nevada, Page 901 (Chapter 181, AB 593)

 

    (b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the commission at a place of previous employment;

    (c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny or any violation of any law pertaining to gaming, or any crime which is inimical to the declared policy of this state concerning gaming;

    (d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this state or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this state;

    (e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;

    (f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or

    (g) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.

If the board issues or does not object to the issuance of a work permit to an applicant who has been convicted of a crime which is a felony, gross misdemeanor or misdemeanor, it may specially limit the period for which the permit is valid, limit the job classifications for which the holder of the permit may be employed and establish such individual conditions for the issuance, renewal and effectiveness of the permit as the board deems appropriate, including required submission to unscheduled tests for the presence of alcohol or controlled substances.

    [9.] 12.  Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. Review is limited to the record of the proceedings before the board. The commission may sustain, modify or reverse the board’s decision. The decision of the commission is subject to judicial review pursuant to NRS 463.315 to 463.318, inclusive.

    [10.] 13.  Except as otherwise provided in this subsection, all records acquired or compiled by the board or commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the welfare division of the department of human resources pursuant to NRS 425.400 for information relating to a specific person who has applied for or holds a work permit, the board shall disclose to the division his social security number, residential address and current employer as that information is listed in the files and records of the board. Any record of the board or commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.


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1999 Statutes of Nevada, Page 902 (Chapter 181, AB 593)

 

to the classification of the crime must be based on the classification in the state where it was committed.

    [11.] 14.  A work permit expires unless renewed in accordance with subsection [4,] 7, or if the holder thereof is not employed as a gaming employee or does not serve as an independent agent within the jurisdiction of the issuing authority for more than 90 days.

    [12.] 15.  The chairman of the board may designate a member of the board or the board may appoint a hearing examiner and authorize that person to perform on behalf of the board any of the following functions required of the board by this section concerning work permits:

    (a) Conducting a hearing and taking testimony;

    (b) Reviewing the testimony and evidence presented at the hearing;

    (c) Making a recommendation to the board based upon the testimony and evidence or rendering a decision on behalf of the board to sustain or reverse the denial of a work permit or the objection to the issuance or renewal of a work permit; and

    (d) Notifying the applicant of the decision.

    [13.] 16.  Notice by the board as provided pursuant to this section is sufficient if it is mailed to the applicant’s last known address as indicated on the application for a work permit, or the record of the hearing, as the case may be. The date of mailing may be proven by a certificate signed by an officer or employee of the board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.

    Sec. 2.  This act becomes effective on July 1, 1999.

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CHAPTER 182, AB 612

Assembly Bill No. 612–Committee on Elections, Procedures, and Ethics

 

CHAPTER 182

 

AN ACT relating to administrative procedures; revising the provision regarding the procedure upon the refusal of a state agency to revise an administrative regulation objected to by the legislative commission; declaring that a certain regulation will not become effective; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 233B.0675 is hereby amended to read as follows:

    233B.0675  1.  If the legislative commission has objected to a regulation, the agency may revise it and return it to the director of the legislative counsel bureau. Upon receipt of the revised regulation, the director shall resubmit the regulation to the commission at its next regularly scheduled meeting. If the commission does not object to the revised regulation, the director shall promptly file the revised regulation with the secretary of state and notify the agency of the filing.


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1999 Statutes of Nevada, Page 903 (Chapter 182, AB 612)

 

    2.  If the legislative commission objects to the revised regulation, the agency may continue to revise it and resubmit it to the commission.

    3.  If the agency refuses to revise a regulation to which the legislative commission has objected, the commission may suspend the filing of the regulation until the [30th] final day of the next regular session of the legislature. Before the [30th] final day of the next regular session the legislature may, by concurrent resolution [,] or other appropriate legislative measure, declare that the regulation will not become effective. The director shall thereupon notify the agency that the regulation will not be filed and must not be enforced. If the legislature has not so declared by the [30th] final day of the session, the director shall promptly file the regulation and notify the agency of the filing.

    Sec. 2.  In accordance with the provisions of NRS 233B.0675 as amended by this act, the legislature hereby declares that the regulation of the ethics commission (R044-98) that was objected to by the legislative commission on April 17, 1998, as outside of the agency’s statutory authority , will not become effective.

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

________

 

CHAPTER 183, AB 624

Assembly Bill No. 624–Committee on Judiciary

 

CHAPTER 183

 

AN ACT relating to civil practice; removing a provision that specifies that an oral application or written motion for attorney’s fees does not affect a final judgment or the time for an appeal; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 18.010 is hereby amended to read as follows:

    18.010  1.  The compensation of an attorney and counselor for his services is governed by agreement, express or implied, which is not restrained by law.

    2.  In addition to the cases where an allowance is authorized by specific statute, the court may make an allowance of attorney’s fees to a prevailing party:

    (a) When he has not recovered more than $20,000; or

    (b) Without regard to the recovery sought, when the court finds that the claim, counterclaim, cross-claim or third-party complaint or defense of the opposing party was brought without reasonable ground or to harass the prevailing party.

    3.  In awarding attorney’s fees the court may pronounce its decision on the fees at the conclusion of the trial or special proceeding without written motion and with or without presentation of additional evidence.

    4.  [No oral application or written motion for attorney’s fees alters the effect of a final judgment entered in the action or the time permitted for an appeal therefrom.


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1999 Statutes of Nevada, Page 904 (Chapter 183, AB 624)

 

    5.  Subsections 2, 3 and 4] Subsections 2 and 3 do not apply to any action arising out of a written instrument or agreement which entitles the prevailing party to an award of reasonable attorney’s fees.

    Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 184, AB 640

Assembly Bill No. 640–Committee on Government Affairs

 

CHAPTER 184

 

AN ACT relating to cities; prohibiting certain cities from annexing only a portion of an individual lot or parcel of land; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 268.6255 is hereby amended to read as follows:

    268.6255  1.  The land proposed for annexation by a certified program of annexation must be contiguous to the annexing city unless:

    (a) The proposal is a voluntary annexation;

    (b) The timing of the proposal is consistent with the certified program of annexation; and

    (c) The services and facilities required for the development of the land proposed for annexation will be provided upon annexation.

    2.  The annexation of the land must not have the effect of [creating] :

    (a) Creating an island of 40 acres or less [.] ; or

    (b) Dividing an individual lot or parcel of land so that only a portion of the lot or parcel is proposed for annexation.

    Sec. 2.  This act becomes effective upon passage and approval.

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1999 Statutes of Nevada, Page 905

 

CHAPTER 185, AB 644

Assembly Bill No. 644–Committee on Judiciary

 

CHAPTER 185

 

AN ACT relating to obligations for the support of children; revising provisions concerning the notice to withhold income sent to the employer of a person alleged to be liable for child support; providing that all payments made pursuant to an order for the assignment of income for the payment of child support be made to the welfare division of the department of human resources or its designated representative for appropriate disbursement; revising the procedure for notifying an employer of his duty to enroll a child of his employee in a plan of health insurance as ordered by a court; repealing a provision that requires a recipient of a payment of child support to provide notice of his receipt of such payment to certain persons; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 31A.070 is hereby amended to read as follows:

    31A.070  1.  The enforcing authority shall mail, by [certified mail, return receipt requested,] first-class mail, a notice to withhold income to an obligor’s employer:

    (a) If the provisions of subsection 2 of NRS 31A.025 apply, immediately upon determining that the obligor is delinquent in the payment of support; or

    (b) If the provisions of subsection 2 of NRS 31A.025 do not apply, immediately upon the entry of the order of support.

    2.  [The] If an employer of an obligor does not begin to withhold income from the obligor after receiving the notice to withhold income that was mailed pursuant to subsection 1, the enforcing authority shall mail, by certified mail, return receipt requested, another notice to withhold income to the employer.

    3.  A notice to withhold income may be issued electronically and must:

    (a) Contain the social security number of the obligor;

    (b) Specify the amount to be withheld from the income of the obligor;

    (c) Specify the amount of the fee authorized in NRS 31A.090 for the employer;

    (d) Describe the limitation for withholding income prescribed in NRS 31.295;

    (e) Describe the prohibition against terminating the employment of an obligor because of withholding and the penalties for wrongfully refusing to withhold pursuant to the notice to withhold income;

    (f) Specify that, pursuant to NRS 31A.160, the withholding of income to enforce an order of a court for child support has priority over other proceedings against the same money; and

    (g) Explain the duties of an employer upon the receipt of the notice to withhold income.

    Sec. 2.  NRS 31A.095 is hereby amended to read as follows:

    31A.095  1.  If an employer wrongfully refuses to withhold income as required pursuant to NRS 31A.025 to 31A.190, inclusive, after receiving a notice to withhold income that was sent by certified mail pursuant to subsection 2 of NRS 31A.070, or knowingly misrepresents the income of an employee, the enforcing authority may apply for and the court may issue an order directing the employer to appear and show cause why he should not be subject to the penalty prescribed in subsection 2 of NRS 31A.120.


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1999 Statutes of Nevada, Page 906 (Chapter 185, AB 644)

 

employee, the enforcing authority may apply for and the court may issue an order directing the employer to appear and show cause why he should not be subject to the penalty prescribed in subsection 2 of NRS 31A.120.

    2.  At the hearing on the order to show cause, the court, upon a finding that the employer wrongfully refused to withhold income as required or knowingly misrepresented an employee’s income:

    (a) May order the employer to comply with the requirements of NRS 31A.025 to 31A.190, inclusive;

    (b) May order the employer to provide accurate information concerning the employee’s income;

    (c) May fine the employer pursuant to subsection 2 of NRS 31A.120; and

    (d) Shall require the employer to pay the amount the employer failed or refused to withhold from the obligor’s income.

    Sec. 3.  NRS 31A.270 is hereby amended to read as follows:

    31A.270  NRS 31A.160 applies to all assignments of income pursuant to NRS 31A.250 to [31A.340,] 31A.330, inclusive. The assignment:

    1.  Must be calculated in accordance with NRS 31.295.

    2.  May include the amount of the current support due and a payment on the arrearages if previously ordered by a court of competent jurisdiction.

    Sec. 4.  NRS 31A.280 is hereby amended to read as follows:

    31A.280  1.  An order for an assignment issued pursuant to NRS 31A.250 to [31A.340,] 31A.330, inclusive, operates as an assignment and is binding upon any existing or future employer of an obligor upon whom a copy of the order is served by certified mail, return receipt requested. The order may be modified or revoked at any time by the court.

    2.  To enforce the obligation for support, the employer shall cooperate with and provide relevant information concerning the obligor’s employment to the person entitled to the support or that person’s legal representative. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.

    3.  If the order for support is amended or modified, the person entitled to the payment of support or that person’s legal representative shall notify the employer of the obligor to modify the amount to be withheld accordingly.

    4.  To reimburse the employer for his costs in making the payment pursuant to the assignment, he may deduct $3 from the amount paid to the obligor each time he makes a payment.

    5.  If an employer wrongfully refuses to honor an assignment or knowingly misrepresents the income of an employee, the court, upon request of the person entitled to the support or that person’s legal representative, may enforce the assignment in the manner provided in NRS 31A.095 for the enforcement of the withholding of income.

    6.  Compliance by an employer with an order of assignment operates as a discharge of the employer’s liability to the employee as to that portion of the employee’s income affected.

    Sec. 5.  NRS 31A.300 is hereby amended to read as follows:

    31A.300  In any proceeding where a court makes or has made an order of assignment of income for the payment of the support of a child to a person , [receiving welfare payments for the maintenance of minor children,] the court shall direct that payments made pursuant to the assignment be made to the [welfare division or its designated representative.] enforcing authority.


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1999 Statutes of Nevada, Page 907 (Chapter 185, AB 644)

 

[welfare division or its designated representative.] enforcing authority. The district attorney may appear in any proceeding to enforce that order. The enforcing authority shall disburse the payments so received to the person to whom the assignment was made in the amount that the person is entitled to receive.

    Sec. 6.  NRS 31A.310 is hereby amended to read as follows:

    31A.310  1.  The person or other entity to whom support is ordered to be paid by assignment of income shall notify the court and the employer of the obligor , by any form of mail requiring a return receipt, of any change of address within a reasonable time after that change.

    2.  If the employer or the legal representative of the person entitled to the payment for support is unable to deliver payments as required pursuant to NRS 31A.250 to [31A.340,] 31A.330, inclusive, within 3 months because of the failure of the person entitled to the support to notify the employer or his legal representative of a change of address, the employer or legal representative shall not make any further payments pursuant to the assignment and shall return all undeliverable payments to the employee.

    Sec. 7.  NRS 31A.330 is hereby amended to read as follows:

    31A.330  1.  Money may be withheld for the support of a child pursuant to NRS 31A.250 to [31A.340,] 31A.330, inclusive, from any money due to:

    (a) The obligor as a pension, an annuity, unemployment compensation, a benefit because of disability, retirement or other cause;

    (b) The obligor as a return of contributions and interest; or

    (c) Some other person because of the death of the obligor,

from the [state,] State of Nevada, a political subdivision of the [state] State of Nevada or an agency of either, a public trust, corporation or board or a system for retirement, disability or annuity established by a statute of this state.

    2.  When a certified copy of any order of assignment is served by certified mail, return receipt requested, on any entity described in subsection 1, other than the Federal Government, it must comply with any request for a return of employee contributions by an employee named in the order by paying the contributions to the person entitled to the payment of support or that person’s legal representative unless the entity has received a certified copy of an order terminating the order of assignment. A court may not directly or indirectly condition the issuance, modification or termination of, or condition the terms or conditions of, any order for the support of a child upon the issuance of such a request by an employee.

    Sec. 8.  NRS 31A.350 is hereby amended to read as follows:

    31A.350  1.  If a court orders a parent to obtain health insurance for his child and the parent fails to comply with the order, the enforcing authority shall mail to the parent’s employer or labor organization by [certified] first-class mail, a notice requiring the employer or organization to enroll the child in the plan of health insurance provided for his employees or its members. The notice must include:

    (a) The parent’s name and social security number;

    (b) A statement that the parent has been required by an order of the court to obtain and maintain health insurance for his child;

    (c) The name, date of birth and social security number for the child; and


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1999 Statutes of Nevada, Page 908 (Chapter 185, AB 644)

 

    (d) A statement that any assistance needed to complete the enrollment of the child in a plan of health insurance may be obtained from the parents of the child and the enforcing authority.

    2.  Except as otherwise provided in subsection 6, no enforcing authority may mail or cause to be mailed a notice to enroll pursuant to subsection 1 unless:

    (a) The enforcing authority first notifies the parent by certified mail at his last known address of:

         (1) Its intent to seek enrollment of the child; and

         (2) The provisions of subsection 6; and

    (b) The parent fails, within 15 days after the notice is mailed, to provide written proof to the enforcing authority that:

         (1) The parent has enrolled the child in a plan of health insurance required by the order of the court; or

         (2) The coverage required by the order of the court was not available at a reasonable cost for more than 30 days before the date on which the notice was mailed.

    3.  Except as otherwise provided in this subsection, upon receipt of a notice to enroll, mailed pursuant to subsection 1, the employer or labor organization shall enroll the child named in the notice in the plan of health insurance provided for his employees or its members. The child must be enrolled without regard to any restrictions upon periods for enrollment. If more than one plan is offered by the employer or labor organization, and each plan may be extended to cover the child, the child must be enrolled in the parent’s plan. If the parent’s plan cannot be extended to cover the child, the child must be enrolled in the plan with the least expensive option for providing coverage for a dependent that is otherwise available to the parent, subject to the eligibility requirements of that plan. An employer, labor organization, health maintenance organization or other insurer is not required to enroll the child in a plan of health insurance if the child is not otherwise eligible to be enrolled in that plan. If the child is not eligible to be enrolled in the parent’s plan of health insurance, the employer or labor organization shall notify the enforcing authority.

    4.  After the child is enrolled in a plan of health insurance, the premiums required to be paid by the parent for the child’s coverage may be deducted from the parent’s wages. If the parent’s wages are not sufficient to pay for those premiums, the employer or labor organization shall notify the enforcing authority.

    5.  A notice to enroll sent pursuant to subsection 1 has the same effect as an enrollment application signed by the parent. No employer or labor organization may refuse to enroll a child because a parent has not signed an enrollment application.

    6.  If the enforcing authority:

    (a) Has complied with the requirements of subsection 2 regarding a parent; and

    (b) Subsequently determines that the parent:

         (1) Has another employer or belongs to another labor organization; and

         (2) Does not have the child enrolled in a plan of health insurance as required by the order of the court, the enforcing authority shall, without again complying with the requirements of subsection 2, mail pursuant to subsection 1 a subsequent notice to enroll to the other employer or labor organization.


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1999 Statutes of Nevada, Page 909 (Chapter 185, AB 644)

 

the enforcing authority shall, without again complying with the requirements of subsection 2, mail pursuant to subsection 1 a subsequent notice to enroll to the other employer or labor organization. Any employer or labor organization receiving such a notice shall notify the parent immediately of the receipt of that notice and comply with the provisions of this section unless, within 20 days after the notice was mailed to the employer or labor organization, the enforcing authority notifies the employer or labor organization that the parent has provided the enforcing authority with written proof that the parent has enrolled the child in a plan of health insurance required by the order of the court.

    7.  An employer or labor organization shall, without liability to the parent, provide to the enforcing authority, upon request, information about the name of the insurer and the number of the parent’s policy of health insurance.

    8.  The enforcing authority may withhold wages or other income and require withholding of state tax refunds whenever the responsible parent has received payment from the third party and not used the payment to reimburse the other parent or provider to the extent necessary to reimburse the Medicaid agency.

    9.  The remedy provided by this section is in addition to, and is not a substitute for, any other remedy available for the enforcement of such an order.

    Sec. 9.  NRS 31A.340 is hereby repealed.

    Sec. 10.  This act becomes effective on July 1, 1999.

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CHAPTER 186, SB 121

Senate Bill No. 121–Committee on Judiciary

 

CHAPTER 186

 

AN ACT relating to real property; revising the provisions governing certain disclosures required to be made to certain purchasers of residences; revising the provisions governing notices of public hearings regarding certain changes in zoning regulations, restrictions and districts; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  Chapter 113 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 3, in a county whose population is 400,000 or more, a seller may not sign a sales agreement with the initial purchaser of a residence unless the seller, at least 24 hours before the time of the signing, provides the initial purchaser with a disclosure document that contains:

    (a) A copy of the most recent gaming enterprise district map that has been made available for public inspection pursuant to NRS 463.309 by the city or town in which the residence is located or, if the residence is not located in a city or town, by the county in which the residence is located; and


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1999 Statutes of Nevada, Page 910 (Chapter 186, SB 121)

 

located in a city or town, by the county in which the residence is located; and

    (b) The location of the gaming enterprise district that is nearest to the residence, regardless of the jurisdiction in which the nearest gaming enterprise district is located.

The seller shall retain a copy of the disclosure document that has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.

    2.  The information contained in the disclosure document required by subsection 1 must:

    (a) Be updated not less than once every 4 months;

    (b) Advise the initial purchaser that gaming enterprise districts are subject to change; and

    (c) Provide the initial purchaser with instructions on how to obtain more current information.

    3.  The initial purchaser of a residence may waive the 24-hour period required by subsection 1 if the seller provides the initial purchaser with the information required by subsections 1 and 2 and the initial purchaser signs a written waiver. The seller shall retain a copy of the written waiver that has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.

    4.  As used in this section, “seller” has the meaning ascribed to it in NRS 113.070.

    Sec. 2.  NRS 113.070 is hereby amended to read as follows:

    113.070  1.  [Except as otherwise provided in subsection 3, in a county whose population is 400,000 or more, a seller may not sign a sales agreement with the initial purchaser of a residence unless the seller, at least 24 hours before the time of the signing, provides the initial purchaser with a disclosure document that contains:

    (a) A copy of the most recent gaming enterprise district map that has been made available for public inspection pursuant to NRS 463.309 by the city or town in which the residence is located or, if the residence is not located in a city or town, by the county in which the residence is located; and

    (b) The location of the gaming enterprise district that is nearest to the residence, regardless of the jurisdiction in which the nearest gaming enterprise district is located.

The seller shall retain a copy of the disclosure document which has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.

    2.  The information contained in the disclosure document required by subsection 1 must:

    (a) Be updated no less than once every 4 months;

    (b) Advise the initial purchaser that gaming enterprise districts are subject to change; and

    (c) Provide the initial purchaser with instructions on how to obtain more current information.

    3.  The initial purchaser of a residence may waive the 24-hour period required by subsection 1 if the seller provides the initial purchaser with the information required by subsections 1 and 2 and the initial purchaser signs a written waiver.


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1999 Statutes of Nevada, Page 911 (Chapter 186, SB 121)

 

written waiver. The seller shall retain a copy of the written waiver which has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.

    4.]  Before the initial purchaser of a residence signs a sales agreement [,] or opens escrow, whichever occurs earlier, the seller shall, by separate written document, disclose to [him] the initial purchaser the zoning designations and the designations in the master plan regarding land use [,] adopted pursuant to chapter 278 of NRS , and the general land uses described therein, for the adjoining parcels of land. If the residence is located within a subdivision, the disclosure must be made regarding all parcels of land adjoining the unit of the subdivision in which the residence is located. If the residence is located on land divided by a parcel map and not located within a subdivision, the disclosure must be made regarding all parcels of land adjoining the parcel map. Such a disclosure must be made regardless of whether the adjoining parcels are owned by the seller. The seller shall retain a copy of the disclosure document which has been signed by the initial purchaser acknowledging the date of receipt by the initial purchaser of the original document.

    [5.] 2.  The information contained in the disclosure document required by subsection [4] 1 must:

    (a) Be updated [no] not less than once every 6 months, if the information is available from the local government;

    (b) Advise the initial purchaser that the master plan is for the general, comprehensive and long-term development of land in the area and that the designations in the master plan regarding land use provide the most probable indication of future development which may occur on the surrounding properties;

    (c) Advise the initial purchaser that the master plan and zoning ordinances and regulations adopted pursuant to the master plan are subject to change; and

    [(c)] (d) Provide the initial purchaser with instructions on how to obtain more current information.

    [6.] 3.  As used in this section, “seller” means a person who sells or attempts to sell any land or tract of land in this state which is divided or proposed to be divided over any period into two or more lots, parcels, units or interests, including, but not limited to, undivided interests, which are offered, known, designated or advertised as a common unit by a common name or as a part of a common promotional plan of advertising and sale.

    Sec. 3.  NRS 278.260 is hereby amended to read as follows:

    278.260  1.  The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts are determined, established, enforced and amended.

    2.  A zoning regulation, restriction or boundary must not become effective until after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:


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1999 Statutes of Nevada, Page 912 (Chapter 186, SB 121)

 

    (a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; and

    (b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question,

at least 10 days before the hearing.

    3.  If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 400,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to:

    (a) The applicant;

    (b) Each owner, as listed on the county assessor’s records, of real property located within 300 feet of the portion of the boundary being changed;

    (c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

    (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be written in language which is easy to understand. [It] The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change [.] , must indicate the existing zoning designation, and the proposed zoning designation, of the property in question, and must contain a brief summary of the intent of the proposed change.

    4.  If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to:

    (a) The applicant;

    (b) Each owner, as listed on the county assessor’s records, of real property located within 500 feet from the portion of the boundary being changed;

    (c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

    (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be written in language which is easy to understand. [It] The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change [.] , must indicate the existing zoning designation, and the proposed zoning designation, of the property in question, and must contain a brief summary of the intent of the proposed change.

    5.  The exterior of the notice mailed pursuant to subsection 4 must bear a statement printed in at least 10-point bold type in substantially the following form: OFFICIAL NOTICE OF PUBLIC HEARING

 

 


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1999 Statutes of Nevada, Page 913 (Chapter 186, SB 121)

 

OFFICIAL NOTICE OF PUBLIC HEARING

 

    6.  In addition to mailing the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, [no] not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

    (a) The existing zoning designation of the property in question;

    (b) The proposed zoning designation of the property in question;

    (c) The date, time and place of the public hearing;

    (d) A telephone number which may be used by interested persons to obtain additional information; and

    (e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.

    7.  A sign required pursuant to subsection 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

    8.  A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

    9.  The governing body shall remove or cause to be removed any sign required by subsection 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

    Sec. 4.  This act becomes effective on December 1, 1999.

________

 


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1999 Statutes of Nevada, Page 914

 

CHAPTER 187, SB 274

Senate Bill No. 274–Senators Neal and Coffin

 

Joint Sponsors: Assemblymen Giunchigliani, Bache, Williams, Berman, Freeman, Gibbons, Humke, Lee, Mortenson, Neighbors, Parnell, Segerblom, Thomas, Tiffany and Von Tobel

 

CHAPTER 187

 

AN ACT relating to the charter of the City of Las Vegas; amending the charter to create six wards in the City of Las Vegas upon the approval of the registered voters of the city; authorizing the city council or the voters within the city to increase the number of wards in certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  Section 1.130 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 526, Statutes of Nevada 1997, at page 2514, is hereby amended to read as follows:

     Sec. 1.130  Wards: Creation; boundaries.

   1.  The city [may] must be divided into [as many wards as the city council determines are necessary. The wards] six wards upon the approval of the voters. Thereafter, the wards may be increased:

   (a) By the city council if it determines that an increase is necessary; or

   (b) Upon approval of a question proposing an increase to a specific number of wards by a majority of the voters voting on the question. Such a question must be submitted to the voters on the ballot at a general election or general city election if the city council votes for the submission of the question on its own motion or if a petition 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 general election is submitted to the city council requesting an increase to a specific number of wards.

The wards must be as nearly equal in population as can conveniently be provided, and the territory which comprises each ward must be contiguous.

     2.  The boundaries of the wards must be established and changed by ordinance. The boundaries of the wards must be changed whenever the population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in any ward exceeds the population in any other ward by more than 5 percent. The boundaries of the wards may be changed to include territory which has been annexed and whenever the population in any ward exceeds the population in any other ward by more than 5 percent by any measure which is found reliable by the city council.


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1999 Statutes of Nevada, Page 915 (Chapter 187, SB 274)

 

    Sec. 2.  Section 2.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1394, is hereby amended to read as follows:

     Sec. 2.010  General provisions.

     1.  The municipal government and the legislative power of the city is vested in a city council which consists of a mayor and [four councilmen.] one councilman from each ward.

     2.  Members of the city council may vote on any lease, contract or other agreement which extends beyond their respective terms of office.

    Sec. 3.  Section 5.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by chapter 570, Statutes of Nevada 1997, at page 2790, is hereby amended to read as follows:

     Sec. 5.010  Primary municipal elections.

     1.  On the Tuesday after the first Monday in May [1985,] 2001, and at each successive interval of 4 years, a primary municipal election must be held in the city at which time candidates for [two] half of the offices of councilman and for municipal judge, department 2, must be nominated.

     2.  On the Tuesday after the first Monday in May [1987,] 2003, 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] the other half of the 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] each even-numbered ward must be nominated as provided in subsection 1, and the candidates from [wards 1 and 3] each odd-numbered ward 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. All filing fees collected by the city clerk must be paid into the city treasury.

     6.  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. 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.


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1999 Statutes of Nevada, Page 916 (Chapter 187, SB 274)

 

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. 4.  The city council of the City of Las Vegas shall submit the question of whether the number of wards of the city should be increased to six wards to the registered voters of the city at the first general municipal election after the effective date of this act.

    Sec. 5.  If the registered voters of the City of Las Vegas approve the increase in the number of wards of the city to six wards, the city council shall, on or before January 1, 2000:

    1.  Establish the boundaries of the wards added pursuant to the amendatory provisions of section 1 of this act and designate these wards as wards 5 and 6.

    2.  Appoint one person to each office of councilman added pursuant to the amendatory provisions of section 1 of this act. The successor to the office of councilman from ward 6 who is elected at the municipal election in 2001 serves for a term of 4 years. Notwithstanding the provisions of subsection 2 of section 1.140 of the charter of the City of Las Vegas, the successor to the office of councilman from ward 5 who is elected at the municipal election in 2001 serves for a term of 2 years. His successor who is elected at the municipal election in 2003 and each subsequent successor to that office serves for a term of 4 years.

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

________

 

CHAPTER 188, SB 472

Senate Bill No. 472–Committee on Government Affairs

 

CHAPTER 188

 

AN ACT relating to public administrators; increasing the value of estates that may be administered by a public administrator by affidavit; authorizing the destruction of the property of a ward or decedent without giving notice to the next of kin, under certain circumstances; prohibiting certain public administrators from acting as guardians of proposed wards; revising the circumstances under which a public administrator is required to petition a court for letters of administration; allowing the appointment of a public guardian for a person who is under 60 years of age; authorizing a public administrator or a deputy designated by him to obtain the name and address of a customer of a public utility; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 253.040 is hereby amended to read as follows:

    253.040  1.  Public administrators [are authorized to] may administer on the estates of any deceased persons in any cases where by law they are entitled to administer by virtue of their office. Except as otherwise provided in NRS 253.0403 [,] and 253.0425, public administrators are required to make formal application for letters of administration.


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1999 Statutes of Nevada, Page 917 (Chapter 188, SB 472)

 

    2.  In counties whose population is 100,000 or more, the public administrator shall execute a bond to the State of Nevada in the amount of $100,000, conditioned that the public administrator will faithfully execute the duties of the trust according to law.

    3.  In counties whose population is less than 100,000, the official bond given pursuant to NRS 253.020 may secure the faithful execution of the public administrator’s duties for all estates for which he has been issued letters of administration, and all estates administered pursuant to NRS 253.0403, if the aggregate value of all the estates does not exceed the amount of his bond.

    Sec. 2.  NRS 253.0403 is hereby amended to read as follows:

    253.0403  1.  When the gross value of a decedent’s property situated in this state does not exceed [$2,500,] $5,000, a public administrator may, without procuring letters of administration, administer the estate of that person upon filing with the court an affidavit of his right to do so.

    2.  The affidavit must provide:

    (a) The public administrator’s name and address, and his attestation that he is entitled by law to administer the estate;

    (b) The decedent’s place of residence at the time of his death;

    (c) That the gross value of the decedent’s property in this state does not exceed [$2,500;] $5,000;

    (d) That at least 40 days have elapsed since the death of the decedent;

    (e) That no application or petition for the appointment of a personal representative is pending or has been granted in this state;

    (f) A description of the personal property of the decedent;

    (g) Whether there are any heirs or next of kin known to the affiant, and if known, the name and address of each such person;

    (h) If heirs or next of kin are known to the affiant, a description of the method of service he used to provide to each of them notice of the affidavit and that at least 10 days have elapsed since the notice was provided;

    (i) That all debts of the decedent, including funeral and burial expenses, have been paid or provided for; and

    (j) The name of each person to whom the affiant intends to distribute the decedent’s property.

    3.  Before filing the affidavit with the court, the public administrator shall take reasonable steps to ascertain whether any of the decedent’s heirs or next of kin exist. If the administrator determines that heirs or next of kin exist, he shall serve each of them with a copy of the affidavit. Service must be made personally or by certified mail.

    4.  If the affiant:

    (a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property he receives or distributes is subject to all debts of the decedent, based on the priority for payment of debts and charges specified in NRS 150.220.

    (b) Fails to give notice to heirs or next of kin as required by subsection 3, any money or property he holds or distributes to others shall be deemed to be held in trust for those heirs and next of kin who did not receive notice and have an interest in the property.


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1999 Statutes of Nevada, Page 918 (Chapter 188, SB 472)

 

    5.  A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon such information, and if he relies in good faith, he is immune from civil liability for actions based on that reliance.

    6.  Upon receiving proof of the death of the decedent, an affidavit containing the information required by this section and the written approval of the public administrator to do so:

    (a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.

    (b) A governmental agency required to issue certificates of ownership or registration to personal property shall issue a new certificate of ownership or registration to the person claiming to succeed to ownership of the property.

    Sec. 3.  NRS 253.0405 is hereby amended to read as follows:

    253.0405  Before the issuance of the letters of administration for an estate, [or] before filing an affidavit to administer an estate pursuant to NRS 253.0403 [,] or before petitioning to have an estate set aside pursuant to NRS 253.0425, the public administrator may secure the property of a deceased person if he finds that:

    1.  There are no relatives of the deceased who are able to protect the property; and

    2.  Failure to do so could endanger the property.

    Sec. 4.  NRS 253.0407 is hereby amended to read as follows:

    253.0407  [A] 1.  Except as otherwise provided in subsection 2, a public administrator, with regard to the personal property of the estate of a ward or a decedent, may donate property that has a value of less than $250 to a nonprofit organization, or destroy property that has a value of less than $100, if:

    [1.] (a) The property, if that of a ward, is not necessary for the care or comfort of the ward; and

    [2.] (b) A notice of intent to donate or destroy the property is:

    [(a)] (1) Mailed by certified mail to the ward’s or decedent’s next of kin at his last known home address; or

    [(b)] (2) Personally delivered to him,

and that person fails to claim the property within 15 days.

    2.  A public administrator may authorize the immediate destruction of the property of a ward or decedent, without giving notice to the next of kin, if:

    (a) The administrator determines that the property has been contaminated by vermin or biological or chemical agents;

    (b) The expenses related to the decontamination of the property cause salvage to be impractical;

    (c) The property constitutes an immediate threat to public health or safety;

    (d) The handling, transfer or storage of the property may endanger public health or safety or exacerbate contamination; and

    (e) The value of the property is less than $100 or, if the value of the property is $100 or more, a state or local health officer has endorsed the destruction of the property.


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1999 Statutes of Nevada, Page 919 (Chapter 188, SB 472)

 

    Sec. 5.  NRS 253.0415 is hereby amended to read as follows:

    253.0415  1.  The public administrator shall:

    [1.  Investigate:]

    (a) Investigate:

         (1) The financial status of any proposed ward [,] for whom he has been requested to serve as guardian [,] to determine whether he is eligible to serve in that capacity.

    [(b)] (2) The financial status of any decedent for whom he has been requested to serve as administrator to determine the assets and liabilities of the estate.

         (3) Whether there is any qualified person [,] who is willing and able to serve as guardian for a ward or administrator of the estate of an intestate decedent [,] to determine whether he is eligible to serve in that capacity.

    [2.] (b) Petition the court for appointment as guardian of the person and estate of any ward if, after investigation, the public administrator finds that he is eligible to serve. [This] Except as otherwise provided in subsection 2, this petition for appointment as guardian must be made by the public administrator regardless of the amount of assets in the guardianship estate if no other qualified person having a prior right is willing and able to serve.

    [3.] (c) Except as otherwise provided in NRS 253.0403 [,] and 253.0425, petition the court for letters of administration of the estate of a person dying intestate if, after investigation, the public administrator finds that there is no other qualified person having a prior right who is willing and able to serve . [, and the estate does not exceed $25,000 in gross value.

    4.] (d) Upon court order, act as:

    [(a)] (1) Guardian of the person and estate of an adult ward; or

    [(b)] (2) Administrator of the estate of a person dying intestate,

regardless of the amount of assets in the estate of the ward or decedent if no other qualified person is willing and able to serve.

    2.  The public administrator is not eligible to serve as a guardian of the person and estate of a ward if the board of county commissioners of his county has established the office of public guardian pursuant to NRS 253.150, unless the board has designated the public administrator as ex officio public guardian.

    Sec. 6.  NRS 253.0425 is hereby amended to read as follows:

    253.0425  1.  If the public administrator finds that there is no qualified person willing and able to administer the estate of a particular decedent, he shall investigate further to estimate its gross value.

    2.  If the estate appears to have a gross value of [$25,000] $50,000 or less, he shall:

    (a) Assist a proper person to petition to have it set aside without administration or directly receive the assets from a custodian, as the facts may warrant;

    (b) Himself petition to have the estate set aside without administration and properly distributed; or

    (c) Administer the estate pursuant to NRS 253.0403.

    3.  If the estate appears to have a gross value of more than [$25,000:] $50,000:


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1999 Statutes of Nevada, Page 920 (Chapter 188, SB 472)

 

    (a) He shall proceed with summary or full administration as the value of the estate requires.

    (b) He may retain an attorney to assist him, rotating this employment in successive estates among the attorneys practicing in the county who are qualified by experience and willing to serve. The attorney’s fee is a charge upon the estate.

    Sec. 7.  NRS 253.044 is hereby amended to read as follows:

    253.044  In a county whose population is less than 100,000, the board of county commissioners may, after reviewing each case, direct the public administrator or any other suitable person to:

    1.  Investigate:

    (a) The financial status of any proposed ward for whom a request to serve as guardian has been received to determine whether there is a need for a guardian to be appointed and whether the public administrator or other suitable person designated by the board is able and eligible to serve in that capacity.

    (b) Whether there is any qualified person who is willing and able to serve as guardian for a ward or administrator of the estate of an intestate decedent, and to determine whether there is a need for a guardian or an administrator and whether the public administrator or other suitable person designated by the board is eligible to serve in that capacity.

    2.  Petition the court for appointment as guardian of the person or as guardian of the person and estate of any ward if, after investigation, the public administrator or other suitable person designated by the board finds that there is a need for such an appointment and that he is able and eligible to serve. If no other qualified person having a prior right is willing and able to serve, the public administrator or other suitable person designated by the board shall petition for appointment as guardian regardless of the amount of assets in the estate of the proposed ward.

    3.  Petition the court for letters of administration of the estate of a person dying intestate if, after investigation, the public administrator or other suitable person designated by the board finds that there is no other qualified person having a prior right who is willing and able to serve . [, and the estate does not exceed $10,000 in gross value.]

    4.  File an affidavit pursuant to NRS 253.0403 to administer the estate if, after investigation, the public administrator or other suitable person designated by the board finds that the gross value of the decedent’s property situated in this state does not exceed [$2,500.] $5,000.

    5.  Act, upon order of a court, as:

    (a) Guardian of the person and estate of an adult ward; or

    (b) Administrator of the estate of a person dying intestate,

regardless of the amount of assets in the estate of the ward or decedent if no other qualified person is willing and able to serve.

    Sec. 8.  NRS 253.200 is hereby amended to read as follows:

    253.200  1.  A resident of Nevada [who is 60 years of age or older] is eligible to have the public guardian appointed as his individual guardian if he:

    (a) Has no relative or friend able and willing to serve as his guardian; or


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1999 Statutes of Nevada, Page 921 (Chapter 188, SB 472)

 

    (b) Lacks sufficient assets to provide the requisite compensation to a private guardian.

    2.  A person so qualified, or anyone on his behalf, may petition the district court of the county in which he resides to make the appointment.

    Sec. 9.  Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A public administrator or deputy designated by him may submit a written request to a public utility for the name and address of a person listed in the records of the public utility if the information is necessary to assist the public administrator in carrying out his duties pursuant to chapter 253 of NRS.

    2.  Upon receipt of a written request pursuant to subsection 1, a public utility shall disclose the name and address of the person listed in the records of customers of the public utility to the public administrator or a deputy designated by him.

    3.  A disclosure made in good faith pursuant to subsection 1 does not give rise to any action for damages for the disclosure of the name and address of a customer by a public utility.

    Sec. 10.  This act becomes effective upon passage and approval.

________

 

CHAPTER 189, AB 197

Assembly Bill No. 197–Assemblymen de Braga, Dini, Hettrick and Parnell

 

Joint Sponsors: Senators McGinness, Jacobsen and Amodei

 

CHAPTER 189

 

AN ACT relating to water; including a portion of Churchill County within the Carson Water Subconservancy District; including representatives of Churchill County as members of the board of directors of the Carson Water Subconservancy District; increasing the authorized compensation for members of the board of directors of a water conservancy district; increasing the authorized compensation for members of the board of directors of an irrigation district; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 539.080 is hereby amended to read as follows:

    539.080  1.  A member of the board of directors is entitled to receive not more than [$50] $80 per day and actual traveling expenses for each day spent attending meetings of the board or while engaged in official business under the order of the board.

    2.  The board shall fix the compensation to be paid to the other officers named in this chapter; but the board shall, upon the petition of a majority of the electors within the district, submit to the electors at any general election of the district a schedule of salaries and fees to be paid the directors and officers thereof. The petition must be presented to the board 20 days before the general election. The schedule of salaries and fees must be put into effect upon the first of the month after the election if it was approved by a two-thirds vote.


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1999 Statutes of Nevada, Page 922 (Chapter 189, AB 197)

 

upon the first of the month after the election if it was approved by a two-thirds vote.

    Sec. 2.  NRS 541.110 is hereby amended to read as follows:

    541.110  1.  Each director before entering upon his official duties shall take and subscribe to an oath, before a person authorized to administer oaths, that he will support the constitutions of the United States and the State of Nevada and will honestly, faithfully and impartially perform the duties of his office.

    2.  Upon taking oath, the board shall choose one of their number chairman of the board and president of the district, and shall elect some suitable person secretary of the board and of the district, who may or may not be a member of the board. The board shall adopt a seal and shall keep in a well-bound book a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts, which must be open to inspection of all owners of property in the district, as well as to all other interested persons.

    3.  Each member of the board is entitled to receive as compensation for his service such sum as [shall] may be ordered by the board, not in excess of the sum of [$25 per diem for any meeting of the board, and necessary traveling expenses actually expended while engaged in the performance of his duties.] $80 per day and actual traveling expenses for each day spent attending meetings of the board or while engaged in official business under the order of the board.

    Sec. 3.  Section 10 of chapter 621, Statutes of Nevada 1989, as amended by chapter 319, Statutes of Nevada 1997, at page 1200, is hereby amended to read as follows:

     Sec. 10.  1.  The Carson Water Subconservancy District [is hereby] , as expanded to include the urban area of Carson City [.] , is hereby expanded to include that portion of Churchill County within the Carson River hydrologic basin. The assets and liabilities of the existing district become the assets and liabilities of the newly formed district on [the effective date of this act.] July 1, 1999.

     2.  The Carson Water Subconservancy District shall be deemed to have been created pursuant to chapter 541 of NRS, with the same powers and duties, and subject to the same limitations as a water conservancy district created pursuant to that chapter except that the provisions of this act supersede the provisions of chapter 541 of NRS where the provisions of that chapter conflict with the express provisions of this act.

     3.  The board of directors of the Carson Water Subconservancy District consists of [nine] 11 members to be appointed as follows:

     (a) Two members who are residents of Carson City appointed by the board of supervisors of Carson City;

     (b) Two members who are residents of Lyon County appointed by the board of county commissioners of Lyon County; [and]

   (c) Five members who are residents of Douglas County, at least two of whom must represent agricultural interests in the county, appointed by the board of county commissioners of Douglas County [.] ; and


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1999 Statutes of Nevada, Page 923 (Chapter 189, AB 197)

 

     (d) Two members who are residents of Churchill County appointed by the board of county commissioners of Churchill County.

No action may be taken by the board without the affirmative vote of at least six members.

     [3.] 4.  The board of directors may levy a tax upon all taxable property within the Carson Water Subconservancy District at a rate of not more than 3 cents on each $100 of assessed valuation for carrying out the activities of the district. The tax must be collected in the manner provided in chapter 541 of NRS. The limitations in chapter 354 of NRS upon revenue from taxes ad valorem do not apply to revenue received from a tax levied pursuant to this subsection.

     [4.] 5.  The board of directors may issue general or special obligations to carry out the activities of the district, including, without limitation, the acquisition of water rights and the acquisition, construction or completion of waterworks, facilities, flood control or drainage projects or other projects in accordance with NRS 350.500 to 350.720, inclusive. Any general obligations issued pursuant to this subsection must comply with the provisions of NRS 350.020. The provisions of NRS 541.340 to 541.370, inclusive, do not apply to obligations issued pursuant to this subsection.

     [5.] 6.  The board of directors may pledge:

     (a) Any money received from the proceeds of the tax imposed pursuant to subsection [3;] 4;

     (b) The gross or net revenues derived from water rights, waterworks, facilities, flood control or drainage projects or other projects; and

     (c) The special assessments collected by the district for maintaining and operating waterworks, facilities, flood control or drainage projects and other projects,

for the payment of general or special obligations issued pursuant to subsection [4.] 5. For the purposes of subsection 3 of NRS 350.020 and NRS 350.500 to 350.720, inclusive, money pledged by the board pursuant to this subsection shall be deemed to be pledged revenue of the project.

     [6.] 7.  The Carson Water Subconservancy District shall not acquire water rights, or other property for the purpose of obtaining the appurtenant water rights, through the exercise of the power of eminent domain.

     [7.] 8.  Carson City and each county located in part or in whole within the Carson Water Subconservancy District may establish a special district consisting of all or any portion of the land within the boundaries of the local government. The governing body of the local government is ex officio the board of directors of the district. Each special district may levy a tax upon all taxable property within its boundaries at a rate of not more than 7 cents on each $100 of assessed valuation. The tax must be collected in the same manner as other taxes ad valorem collected by the local government. The revenue from the tax must be used to allow the district to plan, construct, maintain and operate waterworks, facilities, flood control or drainage projects or other projects, and to obtain water and water rights for the benefit of the district.


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1999 Statutes of Nevada, Page 924 (Chapter 189, AB 197)

 

maintain and operate waterworks, facilities, flood control or drainage projects or other projects, and to obtain water and water rights for the benefit of the district. The limitations in chapter 354 of NRS upon revenue from taxes ad valorem do not apply to revenue received from a tax levied pursuant to this subsection. A district for which a tax is levied pursuant to this subsection is not entitled to receive any distribution of supplemental city-county relief tax. Districts established pursuant to this subsection may enter into cooperative agreements pursuant to chapter 277 of NRS concerning the management of the waterworks or resources.

     [8.] 9.  The Carson Water Subconservancy District may, for the payment of general or special obligations issued pursuant to subsection [4,] 5, pledge any money received from the proceeds of a tax imposed by a special district established pursuant to subsection [7] 8 if:

     (a) The Carson Water Subconservancy District and the special district established pursuant to subsection [7] 8 have entered into a cooperative agreement pursuant to chapter 277 of NRS; and

     (b) The cooperative agreement authorizes the Carson Water Subconservancy District to pledge the money received from the proceeds of that tax.

    Sec. 4.  1.  As soon as practicable after July 1, 1999, the board of county commissioners of Churchill County shall appoint its initial members to the board of directors of the Carson Water Subconservancy District. One member initially appointed by Churchill County shall serve until the end of the second calendar year next succeeding his appointment. The other member initially appointed by Churchill County shall serve until the end of the fourth calendar year next succeeding his appointment.

    2.  After their initial terms of office as set forth in subsection 1, the members of the board of directors of the Carson Water Subconservancy District appointed by Churchill County hold office for 4 years or until their successors have been appointed, as required by section 11 of chapter 621, Statutes of Nevada 1989, at page 1409.

    Sec. 5.  This act becomes effective on July 1, 1999.

________

 


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1999 Statutes of Nevada, Page 925

 

CHAPTER 190, SB 14

Senate Bill No. 14–Committee on Commerce and Labor

 

CHAPTER 190

 

AN ACT relating to public investments; authorizing certain public entities to lend securities under certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  Chapter 355 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The governing body of a city or county whose population is 100,000 or more may lend securities from its investment portfolio if:

    (a) The investment portfolio has a value of at least $100,000,000;

    (b) The treasurer of the city or county:

         (1) Establishes a policy for investment that includes provisions which set forth the procedures to be used to lend securities pursuant to this section; and

         (2) Submits the policy established pursuant to subparagraph (1) to the city or county manager and prepares and submits to the city or county manager a monthly report that sets forth the securities that have been lent pursuant to this section and any other information relating thereto, including, without limitation, the terms of each agreement for the lending of those securities; and

    (c) The governing body receives collateral from the borrower in the form of cash or marketable securities that are:

         (1) Authorized pursuant to NRS 355.170, if the collateral is in the form of marketable securities; and

         (2) At least 102 percent of the value of the securities borrowed.

    2.  The governing body of a city or consolidated municipality whose population is 50,000 or more but less than 100,000 may lend securities from its investment portfolio if:

    (a) The investment portfolio has a value of at least $50,000,000;

    (b) The governing body is currently authorized to lend securities pursuant to subsection 5;

    (c) The treasurer of the city or consolidated municipality:

         (1) Establishes a policy for investment that includes provisions which set forth the procedures to be used to lend securities pursuant to this section; and

         (2) Submits the policy established pursuant to subparagraph (1) to the manager of the city or consolidated municipality and prepares and submits to the manager of the city or consolidated municipality a monthly report that sets forth the securities that have been lent pursuant to this section and any other information relating thereto, including, without limitation, the terms of each agreement for the lending of those securities; and

    (d) The governing body receives collateral from the borrower in the form of cash or marketable securities that are:


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1999 Statutes of Nevada, Page 926 (Chapter 190, SB 14)

 

         (1) Authorized pursuant to NRS 355.170, if the collateral is in the form of marketable securities; and

         (2) At least 102 percent of the value of the securities borrowed.

    3.  The governing body of a city, county or consolidated municipality may enter into such contracts as are necessary to extend and manage loans pursuant to this section.

    4.  Any investments made with collateral received pursuant to subsection 1 or 2 must mature not later than 90 days after the date on which the securities are lent.

    5.  The governing body of a city or consolidated municipality whose population is 50,000 or more but less than 100,000 shall not lend securities from its investment portfolio unless it has been authorized to do so by the state board of finance. The state board of finance shall adopt regulations that establish minimum standards for granting authorization pursuant to this subsection. Such an authorization is valid for 2 years and may be renewed by the state board of finance for additional 2-year periods.

    Sec. 2.  NRS 355.167 is hereby amended to read as follows:

    355.167  1.  The local government pooled investment fund is hereby created as an agency fund to be administered by the state treasurer.

    2.  Any local government, as defined in NRS 354.474, may deposit its money with the state treasurer for credit to the fund for purposes of investment.

    3.  The state treasurer may invest the money of the fund:

    (a) In securities which have been authorized as investments for a local government by any provision of NRS or any special law.

    (b) In time certificates of deposit in the manner provided by NRS 356.015.

    4.  The state treasurer may lend securities in which he invests pursuant to subsection 3 or NRS 355.165 if he receives collateral from the borrower in the form of cash or marketable securities that are:

    (a) Acceptable to the state treasurer; and

    (b) At least 102 percent of the value of the securities borrowed.

The state treasurer may enter into such contracts as are necessary to extend and manage loans pursuant to this subsection.

    5.  Each local government [which] that elects to deposit money with the state treasurer for such an investment must:

    (a) Upon the deposit, inform him in writing how long a period the money is expected to be available for investment.

    (b) At the end of the period, notify him in writing whether it wishes to extend the period.

    [5.] 6.  If a local government wishes to withdraw any of its money before the end of the period of investment, it must make a written request to the state treasurer. Whenever he is required to sell or liquidate invested securities because of a request for early withdrawal, any penalties or loss of interest incurred must be charged against the deposit of the local government which requested the early withdrawal.

    [6.] 7.  All interest received on money of the fund must be deposited for credit to the fund.

    [7.] 8.  The state treasurer may assess reasonable charges against the fund for reimbursement of the expenses which he incurs in administering the fund. The amount of the assessments must be transferred to an account within the state general fund for use of the state treasurer in carrying out the provisions of this section.


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1999 Statutes of Nevada, Page 927 (Chapter 190, SB 14)

 

The amount of the assessments must be transferred to an account within the state general fund for use of the state treasurer in carrying out the provisions of this section.

    [8.] 9.  At the end of each quarter of each fiscal year, the state treasurer shall:

    (a) Compute the proportion of the total deposits in the fund which were attributable during the quarter to each local government;

    (b) Apply that proportion to the total amount of interest received during the quarter on invested money of the fund; and

    (c) Pay to each participating local government or reinvest upon its instructions its proportionate share of the interest, as computed pursuant to paragraphs (a) and (b), less the proportionate amounts of the assessments for the expenses of administration.

    [9.] 10.  The state treasurer may adopt reasonable regulations to carry out the provisions of this section.

    Sec. 3.  NRS 355.172 is hereby amended to read as follows:

    355.172  1.  [Any] Except as otherwise provided in section 1 of this act, any securities purchased as an investment of money by or on behalf of a local government, as defined in NRS 354.474, must remain in the possession of the county treasurer, the appropriate officer of that local government or a bank, as provided in subsection 2, throughout the period of the investment, except that any securities subject to repurchase by the seller may be evidenced by a fully perfected, first-priority security interest, as provided in subsection 3.

    2.  The county treasurer or the appropriate officer of a local government may physically possess those securities, which must be in bearer form or registered in the name of the local government, or may make an agreement, in writing, with the trust department of any bank insured by the Federal Deposit Insurance Corporation to hold those securities in trust for that local government. If such an agreement is made, the trust department shall furnish the county treasurer or the appropriate officer of the local government with a written statement acknowledging that it is so holding the securities.

    3.  If the securities purchased are subject to an arrangement for the repurchase of those securities by the seller thereof, the county treasurer, the appropriate officer of the local government or a trust department of a bank, as provided in subsection 2, may, in lieu of the requirement of possession, obtain the sole, fully perfected, first-priority security interest in those securities. If the trust department of a bank obtains such a security interest, it shall furnish the county treasurer or the appropriate officer of the local government with a written statement acknowledging that fact. Any securities so purchased must, at the time of purchase by or for a local government, have a fair market value equal to or greater than the repurchase price of the securities.

    Sec. 4.  Chapter 319 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The division may lend any securities in which it invests pursuant to NRS 319.170 if the division receives collateral from the borrower in the form of cash or marketable securities that are:

    (a) Acceptable to the division; and

    (b) At least 102 percent of the value of the securities borrowed.


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1999 Statutes of Nevada, Page 928 (Chapter 190, SB 14)

 

    2.  The division may enter into such contracts as are necessary to extend and manage loans pursuant to this section.

    Sec. 5.  Chapter 349 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The director may lend any securities in which he invests pursuant to NRS 349.855 if he receives collateral from the borrower in the form of cash or marketable securities that are:

    (a) Acceptable to the director; and

    (b) At least 102 percent of the value of the securities borrowed.

    2.  The director may enter into such contracts as are necessary to extend and manage loans pursuant to this section.

________

 

CHAPTER 191, SB 177

Senate Bill No. 177–Committee on Commerce and Labor

 

CHAPTER 191

 

AN ACT relating to manufactured buildings; revising the provisions concerning the codes, standards and regulations adopted by the manufactured housing division of the department of business and industry; increasing the penalty for a violation of the provisions governing manufactured buildings; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 461.170 is hereby amended to read as follows:

    461.170  1.  Unless the division has adopted a more recent edition pursuant to paragraph (b) of subsection 2, the following codes [,] and standards, in the form most recently published before January 1, [1993,] 1999, are hereby adopted for the purposes of this chapter:

    (a) The Uniform Housing Code;

    (b) The Uniform Building Code, as adopted by the International Conference of Building Officials;

    (c) The Uniform Plumbing Code, as adopted by the International Association of Plumbing and Mechanical Officials;

    (d) The Uniform Mechanical Code, as adopted by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials;

    (e) The National Electrical Code, as adopted by the National Fire Protection Association;

    (f) The Uniform Building Code, Dangerous Building, as adopted by the International Conference of Building Officials; [and]

    (g) The Uniform Building Code Standards, as adopted by the International Conference of Building Officials [.] ; and

    (h) The American National Standards Institute Standard No. A117.1.

    2.  The division may:

    (a) Adopt regulations necessary to carry out the provisions of this chapter and the [uniform] codes and standards adopted by this section.


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1999 Statutes of Nevada, Page 929 (Chapter 191, SB 177)

 

    (b) Adopt, by regulation, the most recent edition of the codes and standards specified in subsection 1.

    (c) Revise the regulations [when necessary] to conform substantially to any amendments to the [uniform codes.

    3.  The] codes and standards.

    3.  If approved in writing by the division, a local enforcement agency may impose requirements that are more stringent than the codes, standards and regulations adopted under this section . [do not prevent a local enforcement agency from imposing more stringent standards.]

    Sec. 2.  NRS 461.190 is hereby amended to read as follows:

    461.190  1.  Factory-built housing manufactured after the effective date of the regulations for that housing adopted pursuant to this chapter which is sold or offered for sale to a first [users] user within this state must bear [insignia] an insigne of approval issued by the division.

    2.  A manufactured building, fabricated after the effective date of the regulations for [those buildings] that building adopted pursuant to this chapter, which is sold or offered for sale to a first user within this state must bear an insigne of approval issued by the division.

    3.  The division may issue insignia, medallions, symbols or tags issued by the appropriate certifying authority designated by the uniform codes and standards adopted pursuant to NRS 461.170 [, signifying] to signify compliance with all [of] the provisions of NRS 461.170.

    4.  The division may provide by regulation for the approval of any factory-built housing or manufactured building which has been inspected and approved by the appropriate certifying authorities of another jurisdiction which has adopted all [of] the codes and standards specified in NRS 461.170 without additional inspection or issuance of additional insignia, medallions, symbols or tags by the division.

    Sec. 3.  NRS 461.240 is hereby amended to read as follows:

    461.240  1.  [The] Except as otherwise provided in subsection 2 and NRS 461.260, the division shall enforce every provision of this chapter and the regulations adopted pursuant [thereto, except as provided in NRS 461.260.

    2.  Nothing in this chapter prevents the division from delegating by written contract] to the provisions of this chapter.

    2.  The division may delegate its enforcement authority to local government agencies [.] by written contract.

    Sec. 4.  NRS 461.260 is hereby amended to read as follows:

    461.260  1.  Local enforcement agencies shall enforce and inspect the installation of factory-built housing and manufactured buildings.

    2.  Local use zone requirements, local fire zones, building setback, side and rear yard requirements, site development and property line requirements, as well as the review and regulation of architectural and aesthetic requirements are hereby specifically and entirely reserved to local jurisdictions notwithstanding any other requirement of this chapter.

    3.  [Nothing in this chapter prohibits any appropriate local government authority from examining and approving all plans, applications or building sites.


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1999 Statutes of Nevada, Page 930 (Chapter 191, SB 177)

 

    4.]  A local government authority may inspect Nevada manufacturers of factory-built housing or manufactured buildings to [insure] ensure compliance with all the provisions of NRS 461.170. Before conducting an initial inspection of any such manufacturer, a local government authority [shall] must give 10 days’ written notice to the administrator of the division. The local government authority [need] is not required to give notice to the administrator before conducting subsequent inspections of the manufacturer.

    Sec. 5.  NRS 461.270 is hereby amended to read as follows:

    461.270  Any person who violates any of the provisions of this chapter or any regulations adopted pursuant to this chapter shall be punished by a fine not exceeding [$500] $2,500, or by imprisonment not exceeding 30 days, or by both fine and imprisonment.

    Sec. 6.  NRS 461.200 is hereby repealed.

    Sec. 7.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 192, AB 518

Assembly Bill No. 518–Assemblymen Segerblom, Mortenson, Koivisto, Gibbons, Collins, McClain, Parnell, Williams, Lee, Manendo, Carpenter, Goldwater, Brower, Beers, Perkins, Arberry, Giunchigliani, Parks, Ohrenschall, Price, Chowning, de Braga, Anderson, Tiffany, Freeman, Neighbors, Thomas, Humke and Berman

 

CHAPTER 192

 

AN ACT relating to lobbyists; revising the provisions regarding the reporting of expenditures by lobbyists; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 218.926 is hereby amended to read as follows:

    218.926  1.  Each registrant shall file with the director within 30 days after the close of the legislative session a final report signed under penalty of perjury concerning his lobbying activities. In addition, each registrant shall file with the director between the 1st and 10th day of the month after each month that the legislature is in session a report concerning his lobbying activities during the previous month, whether or not any expenditures were made. Each report must be on a form prescribed by the director and must include the total of all expenditures, if any, made by the registrant on behalf of a legislator or an organization whose primary purpose is to provide support for legislators of a particular political party and house, including expenditures made by others on behalf of the registrant if the expenditures were made with the registrant’s express or implied consent or were ratified by the registrant. [The] Except as otherwise provided in subsection 4, the report must identify each legislator and each organization whose primary purpose is to provide support for legislators of a particular political party and house on whose behalf expenditures were made and must be itemized with respect to each such legislator and organization. An expenditure on behalf of a person other than a legislator or an organization whose primary purpose is to provide support for legislators of a particular political party and house need not be reported pursuant to this section unless the expenditure is made for the benefit of a legislator or such an organization.


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1999 Statutes of Nevada, Page 931 (Chapter 192, AB 518)

 

other than a legislator or an organization whose primary purpose is to provide support for legislators of a particular political party and house need not be reported pursuant to this section unless the expenditure is made for the benefit of a legislator or such an organization.

    2.  If expenditures made by or on behalf of a registrant during the previous month exceed $50, the report must include a compilation of expenditures, itemized in the manner required by the regulations of the legislative commission, in the following categories:

    (a) Entertainment;

    (b) Expenditures made in connection with a party or similar event hosted by the organization represented by the registrant;

    (c) Gifts and loans, including money, services and anything of value provided to a legislator, to an organization whose primary purpose is to provide support for legislators of a particular political party and house, or to any other person for the benefit of a legislator or such an organization; and

    (d) Other expenditures directly associated with legislative action, not including personal expenditures for food, lodging and travel expenses or membership dues.

    3.  The legislative commission may authorize an audit or investigation by the legislative auditor that is proper and necessary to verify compliance with the provisions of this section. A lobbyist shall make available to the legislative auditor all books, accounts, claims, reports, vouchers and other records requested by the legislative auditor in connection with any such audit or investigation. The legislative auditor shall confine his requests for such records to those which specifically relate to the lobbyist’s compliance with the reporting requirements of this section.

    4.  A report filed pursuant to this section must not itemize with respect to each legislator an expenditure if the expenditure is the cost of a function to which every legislator was invited. For the purposes of this subsection, “function” means a party, meal or other social event.

    Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 193, AB 611

Assembly Bill No. 611–Committee on Elections, Procedures, and Ethics

 

CHAPTER 193

 

AN ACT relating to ethics in government; revising the provisions governing the financial disclosure statements of certain public and judicial officers; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 281.561 is hereby amended to read as follows:

    281.561  [Every]

    1.  Except as otherwise provided in subsection 2 or 3, if a candidate for public or judicial office [and every] or a public or judicial officer is entitled to receive compensation for serving in the office in question, he shall file with the commission, and with the officer with whom declarations of candidacy for [his respective] the office in question are filed, a statement of financial disclosure, as follows:


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1999 Statutes of Nevada, Page 932 (Chapter 193, AB 611)

 

to receive compensation for serving in the office in question, he shall file with the commission, and with the officer with whom declarations of candidacy for [his respective] the office in question are filed, a statement of financial disclosure, as follows:

    [1.] (a) A candidate for nomination, election or reelection shall file a statement of financial disclosure no later than the 10th day after the last day to qualify as a candidate for the office.

    [2.] (b) A public or judicial officer appointed to fill the unexpired term of an elected public or judicial officer shall file a statement of financial disclosure within 30 days after his appointment.

    [3.] (c) Every public or judicial officer, whether appointed or elected, shall file a statement of financial disclosure on or before March 31 of each year of the term, including the year the term expires.

    [4.] (d) A public or judicial officer who leaves office on a date other than the expiration of his term or anniversary of his appointment or election, shall file a statement of financial disclosure within 60 days after leaving office.

    2.  A statement filed pursuant to one of the [subsections of this section] paragraphs of subsection 1 may be used to satisfy the requirements of another paragraph of subsection 1 if the initial statement was filed [within] not more than 3 months before the other statement is required to be filed. The public or judicial officer shall notify the commission in writing of his intention to use the previously filed statement to fulfill the present requirement.

    3.  If a person is serving in a public or judicial office for which he is required to file a statement pursuant to subsection 1, he may use the statement he files for that initial office to satisfy the requirements of subsection 1 for every other public or judicial office in which he is also serving. The person shall notify the commission in writing of his intention to use the statement for the initial office to fulfill the requirements of subsection 1 for every other office.

    4.  A person may satisfy the requirements of [this section] subsection 1 by filing with the commission a copy of a statement of financial disclosure [which] that was filed pursuant to the requirements of a specialized or local ethics committee if the form of the statement has been approved by the commission.

    Sec. 2.  NRS 281.571 is hereby amended to read as follows:

    281.571  1.  Statements of financial disclosure, as approved pursuant to NRS 281.541 or in such form as the commission otherwise prescribes, must contain the following information concerning the candidate or public or judicial officer:

    (a) His length of residence in the State of Nevada and the district in which he is registered to vote.

    (b) Each source of his income, or that of any member of his household [.] who is 18 years of age or older. No listing of individual clients, customers or patients is required, but if that is the case, a general source such as “professional services” must be disclosed.

    (c) A list of the specific location and particular use of real estate, other than a personal residence:


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1999 Statutes of Nevada, Page 933 (Chapter 193, AB 611)

 

         (1) In which he or a member of his household has a legal or beneficial interest;

         (2) Whose fair market value is $2,500 or more; and

         (3) That is located in this state or an adjacent state.

    (d) The name of each creditor to whom he or a member of his household owes $5,000 or more, except for:

         (1) A debt secured by a mortgage or deed of trust of real property which is not required to be listed pursuant to paragraph (c); and

         (2) A debt for which a security interest in a motor vehicle for personal use was retained by the seller.

    (e) If the candidate or public or judicial officer has received gifts in excess of an aggregate value of $200 from a donor during the preceding taxable year, a list of all such gifts, including the identity of the donor and value of each gift, except:

         (1) A gift received from a person who is related to the candidate or public or judicial officer within the third degree of consanguinity or affinity.

         (2) Ceremonial gifts received for a birthday, wedding, anniversary, holiday or other ceremonial occasion if the donor does not have a substantial interest in the legislative, administrative, judicial or political action of the candidate or public or judicial officer.

    (f) A list of each business entity with which he or a member of his household is involved as a trustee, beneficiary of a trust, director, officer, owner in whole or in part, limited or general partner, or holder of a class of stock or security representing 1 percent or more of the total outstanding stock or securities issued by the business entity.

    (g) A list of all public offices presently held by him for which this statement of financial disclosure is required.

    2.  The commission shall distribute or cause to be distributed the forms required for such a statement to each candidate and public or judicial officer who is required to file one. The commission is not responsible for the costs of producing or distributing a form for filing statements of financial disclosure which is prescribed pursuant to subsection 1 of NRS 281.541.

    3.  As used in this section:

    (a) “Business entity” means an organization or enterprise operated for economic gain, including a proprietorship, partnership, firm, business, trust, joint venture, syndicate, corporation or association.

    (b) “Household” includes:

         (1) The spouse of the candidate or public or judicial officer;

         (2) A person who does not live in the same home or dwelling, but who is dependent on and receiving substantial support from the candidate or public or judicial officer; and

         [(2)] (3) A person who lived in the home or dwelling of the candidate or public or judicial officer for 6 months or more in the year immediately preceding the year in which the candidate or public or judicial officer files the statement of financial disclosure.

    Sec. 3.  NRS 281.581 is hereby amended to read as follows:

    281.581  1.  A candidate or public or judicial officer who fails to file his statement of financial disclosure in a timely manner pursuant to NRS 281.561 is subject to a civil penalty and payment of court costs and attorney’s fees. The amount of the civil penalty is:


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1999 Statutes of Nevada, Page 934 (Chapter 193, AB 611)

 

is subject to a civil penalty and payment of court costs and attorney’s fees. The amount of the civil penalty is:

    [1.] (a) If the statement is filed not more than 7 days late, $25 for each day the statement is late.

    [2.] (b) If the statement is filed more than 7 days late but not more than 15 days late, $175 for the first 7 days, plus $50 for each additional day the statement is late.

    [3.] (c) If the statement is filed more than 15 days late, $575 for the first 15 days, plus $100 for each additional day the statement is late.

    2.  The commission may, for good cause shown, waive or reduce the civil penalty.

    3.  The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the commission in a court of competent jurisdiction and deposited with the state treasurer for credit to the state general fund.

________

 

CHAPTER 194, AB 409

Assembly Bill No. 409–Assemblymen Gustavson, Nolan, Beers, Brower, Leslie, Evans, Cegavske, Hettrick, Lee, Berman, Von Tobel, Carpenter, Gibbons, Angle, Tiffany, Freeman, Bache, Anderson, Arberry, Parks, Ohrenschall, Price, Buckley, Giunchigliani, Thomas and Chowning

 

CHAPTER 194

 

AN ACT relating to emergency care; extending limited immunity from liability regarding the use of automated defibrillators and related training; extending limited immunity from liability to licensed practical nurses for providing or supervising certain emergency care; extending limited immunity from liability to certain providers of health care licensed in another state who render emergency care to persons in this state; conforming certain related provision regarding the occupational safety program; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 41.500 is hereby amended to read as follows:

    41.500  1.  Except as otherwise provided in NRS 41.505, any person in this state who renders emergency care or assistance in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.

    2.  Any person in this state who acts as a driver of an ambulance or attendant on an ambulance operated by a volunteer service or as a volunteer driver or attendant on an ambulance operated by a political subdivision of this state, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.


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1999 Statutes of Nevada, Page 935 (Chapter 194, AB 409)

 

or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

    3.  Any appointed member of a volunteer service operating an ambulance or an appointed volunteer serving on an ambulance operated by a political subdivision of this state, other than a driver or attendant, of an ambulance, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him whenever he is performing his duties in good faith.

    4.  Any person who is a member of a search and rescue organization in this state under the direct supervision of any county sheriff who in good faith renders care or assistance in an emergency to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

    5.  Any person who is employed by or serves as a volunteer for a public fire-fighting agency and who is authorized pursuant to chapter 450B of NRS to render emergency medical care at the scene of an emergency is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

    6.  Any person who:

    (a) Has successfully completed a course in cardiopulmonary resuscitation according to the guidelines of the American National Red Cross or American Heart Association;

    (b) Has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest conducted in accordance with the standards of the American Heart Association; or

    (c) Is directed by the instructions of a dispatcher for an ambulance, air ambulance or other agency that provides emergency medical services before its arrival at the scene of the emergency,

and who in good faith renders cardiopulmonary resuscitation in accordance with his training or the direction, other than in the course of his regular employment or profession, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

    7.  For the purposes of subsection 6, a person who:

    (a) Is required to be certified in the administration of cardiopulmonary resuscitation pursuant to NRS 391.092; and


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1999 Statutes of Nevada, Page 936 (Chapter 194, AB 409)

 

    (b) In good faith renders cardiopulmonary resuscitation on the property of a public school or in connection with a transportation of pupils to or from a public school or while on activities that are part of the program of a public school,

shall be presumed to have acted other than in the course of his regular employment or profession.

    8.  Any person who [has] :

    (a) Has successfully completed [the training requirements of a course in basic emergency care of a person in cardiac arrest that:

    (a) Included training] a course in cardiopulmonary resuscitation and training in the operation and use of an [automatic] automated external defibrillator [; and

    (b) Was] that were conducted in accordance with the standards of the American Heart Association [, and who] or the American National Red Cross; and

    (b) Gratuitously and in good faith renders emergency medical care involving the use of an [automatic] automated external defibrillator in accordance with his training ,

is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

    9.  A [business or organization that employs] person or governmental entity that provided the requisite training set forth in subsection 8 to a person who renders emergency care in accordance with [this] subsection 8 is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by the person rendering such care . [or]

    10.  A business or organization that has placed an automated external defibrillator for use on its premises is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by the person rendering such care or for providing the [automatic] automated external defibrillator to the person for the purpose of rendering such care [.] if the business or organization:

    (a) Complies with all current federal and state regulations governing the use and placement of an automated external defibrillator;

    (b) Ensures that only a person who has at least the qualifications set forth in subsection 8 uses the automated external defibrillator to provide care;

    (c) Ensures that the automated external defibrillator is maintained and tested according to the operational guidelines established by the manufacturer; and

    (d) Establishes and maintains a program to ensure compliance with current regulations, requirements for training, requirements for notification of emergency medical assistance and guidelines for the maintenance of the equipment.

    11.  As used in this section, “gratuitously” means that the person receiving care or assistance is not required or expected to pay any compensation or other remuneration for receiving the care or assistance.


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1999 Statutes of Nevada, Page 937 (Chapter 194, AB 409)

 

    Sec. 2.  NRS 41.505 is hereby amended to read as follows:

    41.505  1.  Any physician or registered nurse who in good faith gives instruction or provides supervision to an emergency medical attendant or [to a] registered nurse, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in giving that instruction or providing that supervision. An emergency medical attendant , [or] registered nurse or licensed practical nurse who obeys an instruction given by a physician , [or] registered nurse or licensed practical nurse and thereby renders emergency care, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in rendering that emergency care.

    2.  Except as otherwise provided in subsection 3, any person licensed under the provisions of chapter 630, 632 or 633 of NRS [,] and any person who holds an equivalent license issued by another state, who renders emergency care or assistance in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person. This section does not excuse a physician or nurse from liability for damages resulting from his acts or omissions which occur in a licensed medical facility relative to any person with whom there is a preexisting relationship as a patient.

    3.  Any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state who renders emergency obstetrical care or assistance to a pregnant woman during labor or the delivery of the child is not liable for any civil damages as a result of any act or omission by him in rendering that care or assistance if:

    (a) The care or assistance is rendered in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct;

    (b) The person has not previously provided prenatal or obstetrical care to the woman; and

    (c) The damages are reasonably related to or primarily caused by a lack of prenatal care received by the woman.

A licensed medical facility in which such care or assistance is rendered is not liable for any civil damages as a result of any act or omission by the person in rendering that care or assistance if that person is not liable for any civil damages pursuant to this subsection and the actions of the medical facility relating to the rendering of that care or assistance do not amount to gross negligence or reckless, willful or wanton conduct.

    4.  Any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state who:

    (a) Is retired or otherwise does not practice on a full-time basis; and


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1999 Statutes of Nevada, Page 938 (Chapter 194, AB 409)

 

    (b) Gratuitously and in good faith, renders medical care within the scope of his license to an indigent person,

is not liable for any civil damages as a result of any act or omission by him, not amounting to gross negligence or reckless, willful or wanton conduct, in rendering that care.

    5.  As used in this section [, “emergency] :

    (a) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS.

    (b) “Gratuitously” has the meaning ascribed to it in NRS 41.500.

    Sec. 3.  NRS 618.384 is hereby amended to read as follows:

    618.384  The administrator shall encourage all employers who are required to establish a written safety program pursuant to NRS 618.383 to include as a part of that program the employment of a person who has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest that:

    1.  Included training in the operation and use of an [automatic] automated external defibrillator; and

    2.  Was conducted in accordance with the standards of the American Heart Association [.] or the American National Red Cross.

________

 

CHAPTER 195, AB 447

Assembly Bill No. 447–Assemblyman Carpenter

 

CHAPTER 195

 

AN ACT relating to real estate; exempting property managers of certain real estate from certain licensing and permit requirements; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 645.240 is hereby amended to read as follows:

    645.240  1.  The provisions of this chapter do not apply to, and the terms “real estate broker” and “real estate salesman” do not include, any:

    (a) [Person who, as owner or lessor,] Owner or lessor of property, or any regular employee of such a person, who performs any of the acts mentioned in NRS 645.030, 645.040, 645.230 and 645.260, [with reference to property owned or leased by them, or to the regular employees thereof] with respect to the property [so owned or leased, where those acts are performed] in the regular course of or as an incident to the management of [such property and the investment therein.] or investment in the property. For the purposes of this paragraph, “management” means activities which tend to preserve or increase the income from the property by preserving the physical desirability of the property or maintaining high standards of service to tenants. The term does not include sales activities.


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1999 Statutes of Nevada, Page 939 (Chapter 195, AB 447)

 

    (b) Employee of a real estate broker while engaged in the collection of rent for or on behalf of the broker.

    (c) Person while performing the duties of a property manager for a property, if the person maintains an office on the property and does not engage in property management with regard to any other property.

    (d) Person while performing the duties of a property manager for a common‑interest community governed by the provisions of chapter 116 of NRS, a condominium project governed by the provisions of chapter 117 of NRS, a time share governed by the provisions of chapter 119A of NRS, or a planned unit development governed by the provisions of chapter 278A of NRS, if the person is a member in good standing of, and, if applicable, holds a current certificate, registration or other similar form of recognition from, a nationally recognized organization or association for persons managing such properties that has been approved by the real estate division by regulation.

    (e) Person while performing the duties of a property manager for property used for residential housing that is subsidized either directly or indirectly by this state, an agency or political subdivision of this state, or the Federal Government or an agency of the Federal Government.

    2.  Except as otherwise provided in NRS 645.606 to 645.609, inclusive, the provisions of this chapter do not apply to:

    (a) Any bank, thrift company, credit union, trust company, savings and loan association or any mortgage or farm loan association licensed under the laws of this state or of the United States, with reference to property it has acquired for development, for the convenient transaction of its business, or as a result of foreclosure of property encumbered in good faith as security for a loan or other obligation it has originated or holds.

    (b) A corporation which, through its regular officers who receive no special compensation for it, performs any of those acts with reference to the property of the corporation.

    (c) The services rendered by an attorney at law in the performance of his duties as an attorney at law.

    (d) A receiver, trustee in bankruptcy, administrator or executor, or any other person doing any of the acts specified in NRS 645.030 under the jurisdiction of any court.

    (e) A trustee acting under a trust agreement, deed of trust or will, or the regular salaried employees thereof.

    (f) The purchase, sale or locating of mining claims or options thereon or interests therein.

    (g) The State of Nevada or a political subdivision thereof.

________

 


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1999 Statutes of Nevada, Page 940

 

CHAPTER 196, AB 471

Assembly Bill No. 471–Assemblymen Humke, Freeman, Gibbons, Brower, Anderson, Angle, Gustavson, Evans and Manendo

 

CHAPTER 196

 

AN ACT relating to taxation; requiring the board of county commissioners of Washoe County to reduce the rate of a certain special motor vehicle privilege tax imposed during a certain period; prospectively prohibiting the board of county commissioners of Washoe County from imposing, levying or continuing the tax after a certain date; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  Section 38 of chapter 491, Statutes of Nevada 1991, as amended by section 4 of chapter 475, Statutes of Nevada 1993, at page 1950, is hereby amended to read as follows:

     Sec. 38.  1.  The board of county commissioners of Washoe County shall reduce the rate of the tax ad valorem imposed pursuant to section 33 of this act by 1.5 cents per $100 of assessed valuation for the fiscal year 1993-1994.

     2.  The board of county commissioners of Washoe County shall reduce the rate of the tax ad valorem imposed pursuant to section 33 of this act, in addition to the reduction made pursuant to subsection 1, by 4 cents per $100 of assessed valuation for the fiscal year 1994-1995.

   3.  The board of county commissioners of Washoe County shall reduce the rate of the special privilege tax imposed pursuant to section 30 of this act to the amounts shown for each $1 of valuation for the respective fiscal years:

 

2001-2002               0.8 cents

2002-2003               0.6 cents

2003-2004               0.4 cents

2004-2005               0.2 cents

 

The board of county commissioners of Washoe County shall not impose or levy that special privilege tax for any fiscal year after June 30, 2005.

     4.  The board of county commissioners of Washoe County or Churchill County shall not, after June 30, 1994:

     (a) Except as otherwise provided in subsection 2 [or 4,] , 3 or 5, decrease the rate of any of the taxes imposed pursuant to sections 29 to 33, inclusive, of this act unless all of the local governments that are entitled to receive a monthly distribution from the tax distribution fund for the county agree to the decrease.

     (b) Increase the rate of any tax imposed pursuant to sections 29 to 33, inclusive, of this act.


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1999 Statutes of Nevada, Page 941 (Chapter 196, AB 471)

 

    [4.] 5.  If necessary to avoid violating the provisions of subsection 2 of section 31 of this act, the board of county commissioners of Washoe County shall reduce the amount of the license fee imposed pursuant to that section by the minimum amount necessary to comply with the provisions of subsection 2 of section 31 of this act.

________

 

CHAPTER 197, SB 241

Senate Bill No. 241–Senator Shaffer

 

CHAPTER 197

 

AN ACT relating to deceased persons; requiring a funeral director to obtain the approval of the state board of funeral directors, embalmers and operators of cemeteries and crematories to manage a funeral establishment; providing that a funeral director is responsible for the proper management of each funeral establishment of which he is the manager; restricting the number of terms that a member of the board may serve consecutively; clarifying certain provisions governing the required education for a license to practice the profession of embalming; providing that a majority of the adult children of a deceased person may order the cremation of the human remains of the deceased person; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  Chapter 642 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A funeral director shall not manage a funeral establishment unless the funeral director has been approved by the board to manage the funeral establishment.

    2.  If a funeral director manages more than one funeral establishment, he must obtain approval from the board for each funeral establishment that he manages.

    3.  A funeral director is responsible for the proper management of each funeral establishment of which he is the manager.

    Sec. 2.  NRS 642.020 is hereby amended to read as follows:

    642.020  1.  The state board of funeral directors, embalmers and operators of cemeteries and crematories, consisting of five members appointed by the governor, is hereby created.

    2.  The governor shall appoint:

    (a) One member who is actively engaged as a funeral director and embalmer.

    (b) One member who is actively engaged as an operator of a cemetery.

    (c) One member who is actively engaged in the operation of a crematory.

    (d) Two members who are representatives of the general public.

    3.  No member who is a representative of the general public may:

    (a) Be the holder of a license or certificate issued by the board or be an applicant or former applicant for such a license or certificate.

    (b) Be related within the third degree of consanguinity or affinity to the holder of a license or certificate issued by the board.


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1999 Statutes of Nevada, Page 942 (Chapter 197, SB 241)

 

    (c) Be employed by the holder of a license or certificate issued by the board.

    4.  After the initial terms, members of the board serve terms of 4 years, except when appointed to fill unexpired terms. Each member may serve no more than two consecutive full terms.

    5.  The chairman of the board must be chosen from the members of the board who are representatives of the general public.

    Sec. 3.  NRS 642.080 is hereby amended to read as follows:

    642.080  An applicant for a license to practice the profession of embalming in the State of Nevada shall:

    1.  Have attained the age of 18 years.

    2.  Be of good moral character.

    3.  Be a high school graduate and have completed 2 academic years of instruction [(] by taking 60 semester or 90 quarter hours [)] at an accredited college or university. Credits earned at an embalming college or school of mortuary science do not fulfill this requirement.

    4.  Have completed 12 full months of instruction in an embalming college or school of mortuary science accredited by the Conference of Funeral Services Examining Boards of the United States, Incorporated, and approved by the board, and have not less than 1 year’s practical experience under the supervision of an embalmer licensed in the State of Nevada.

    5.  Have actually embalmed at least 50 bodies under the supervision of a licensed embalmer prior to the date of application.

    6.  Present to the board affidavits of at least two reputable residents of the county in which the applicant proposes to engage in the practice of an embalmer to the effect that the applicant is of good moral character.

    Sec. 4.  NRS 642.200 is hereby amended to read as follows:

    642.200  1.  Any person registering as an apprentice embalmer shall furnish proof that he is a high school graduate and has completed 2 academic years of instruction [(] by taking 60 semester or 90 quarter hours [)] at an accredited college or university. Credits earned at an embalming college or a school of mortuary science do not fulfill this requirement.

    2.  Such proof shall be furnished before such apprentice can be registered with the board.

    Sec. 5.  NRS 451.650 is hereby amended to read as follows:

    451.650  1.  The following persons, in the following order of priority, may order the cremation of human remains of a deceased person:

    (a) The surviving spouse;

    (b) [The] A majority of the adult children ; [jointly;]

    (c) The living parents jointly; or

    (d) The decedent’s guardian or personal representative.

    2.  If the deceased person was an indigent or other person for the final disposition of whose remains a county or the state is responsible, the appropriate public officer may order cremation of the remains and provide for the respectful disposition of the cremated remains.

    3.  If the deceased person donated his body for scientific research or, before his death, a medical facility was made responsible for his final disposition, a representative of the scientific institution or medical facility may order cremation of his remains.


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1999 Statutes of Nevada, Page 943 (Chapter 197, SB 241)

 

    4.  A living person may order the cremation of human remains removed from his body or the cremation of his body after his death. In the latter case, any person acting pursuant to his instructions is an authorized agent.

    Sec. 6.  1.  This section and sections 2 to 5, inclusive, of this act become effective upon passage and approval.

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

________

 

CHAPTER 198, SB 262

Senate Bill No. 262–Committee on Taxation

 

CHAPTER 198

 

AN ACT relating to taxation; creating a presumption that certain tangible personal property initially used in interstate or foreign commerce outside this state was not purchased for storage, use or other consumption in this state; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  It is presumed that tangible personal property delivered outside this state to a purchaser was not purchased from a retailer for storage, use or other consumption in this state if the property:

    (a) Was first used in interstate or foreign commerce outside this state; and

    (b) Is used continuously in interstate or foreign commerce, but not exclusively in this state, for at least 12 months after the date that the property was first used pursuant to paragraph (a).

    2.  As used in this section:

    (a) “Interstate or foreign commerce” means the transportation of passengers or property between:

         (1) A point in one state and a point in:

             (I) Another state;

             (II) A possession or territory of the United States; or

             (III) A foreign country; or

         (2) Points in the same state when such transportation consists of one or more segments of transportation that immediately follow movement of the property into the state from a point beyond its borders or immediately precede movement of the property from within the state to a point outside its borders.

    (b) “State” includes the District of Columbia.

    Sec. 2.  NRS 372.255 is hereby amended to read as follows:

    372.255  1.  [On] Except as otherwise provided in section 1 of this act, on and after July 1, 1979, it is presumed that tangible personal property delivered outside this state to a purchaser known by the retailer to be a resident of this state was purchased from a retailer for storage, use or other consumption in this state and stored, used or otherwise consumed in this state.


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1999 Statutes of Nevada, Page 944 (Chapter 198, SB 262)

 

consumption in this state and stored, used or otherwise consumed in this state.

    2.  This presumption may be controverted by:

    (a) A statement in writing, signed by the purchaser or his authorized representative, and retained by the vendor, that the property was purchased for use at a designated point or points outside this state.

    (b) Other evidence satisfactory to the department that the property was not purchased for storage, use or other consumption in this state.

    Sec. 3.  Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  It is presumed that tangible personal property delivered outside this state to a purchaser was not purchased from a retailer for storage, use or other consumption in this state if the property:

    (a) Was first used in interstate or foreign commerce outside this state; and

    (b) Is used continuously in interstate or foreign commerce, but not exclusively in this state, for at least 12 months after the date that the property was first used pursuant to paragraph (a).

    2.  As used in this section:

    (a) “Interstate or foreign commerce” means the transportation of passengers or property between:

         (1) A point in one state and a point in:

             (I) Another state;

             (II) A possession or territory of the United States; or

             (III) A foreign country; or

         (2) Points in the same state when such transportation consists of one or more segments of transportation that immediately follow movement of the property into the state from a point beyond its borders or immediately precede movement of the property from within the state to a point outside its borders.

    (b) “State” includes the District of Columbia.

    Sec. 4.  NRS 374.260 is hereby amended to read as follows:

    374.260  1.  [On] Except as otherwise provided in section 3 of this act, on and after July 1, 1967, it [shall be] is further presumed that tangible personal property delivered outside this state to a purchaser known by the retailer to be a resident of the county was purchased from a retailer for storage, use or other consumption in the county and stored, used or otherwise consumed in the county.

    2.  This presumption may be controverted by:

    (a) A statement in writing, signed by the purchaser or his authorized representative, and retained by the vendor, that the property was purchased for use at a designated point or points outside this state.

    (b) Other evidence satisfactory to the department that the property was not purchased for storage, use or other consumption in this state.

________

 


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1999 Statutes of Nevada, Page 945

 

CHAPTER 199, SB 536

Senate Bill No. 536–Committee on Government Affairs

 

CHAPTER 199

 

AN ACT relating to property tax; revising the provisions governing the establishment of combined tax rates to determine compliance with applicable limitations; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

    The governing bodies of the local governments within a county shall not agree upon a combined tax rate that is achieved by a larger local government agreeing to transfer money to a smaller local government whose boundaries are located within the boundaries of the larger local government to enable the smaller local government to lower its tax rate to establish a combined tax rate for the county that complies with the limitation set forth in NRS 361.453.

    Sec. 2.  The provisions of section 1 of this act do not apply to any combined tax rate established before the effective date of this act.

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

________

 

CHAPTER 200, AB 108

Assembly Bill No. 108–Committee on Commerce and Labor

 

CHAPTER 200

 

AN ACT relating to unfair trade practices; clarifying the persons on whose behalf the attorney general may bring a civil action for unfair trade practices; clarifying the persons who may bring a civil action for unfair trade practices; increasing the percentage of money collected for unfair trade practices that must be credited to the attorney general’s special fund and the maximum balance which may be detained in the fund; limiting the amount of money collected for unfair trade practices that can be credited to the attorney general’s special fund; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 598A.160 is hereby amended to read as follows:

    598A.160  1.  The attorney general may bring a civil action for any violation of the provisions of this chapter in the name of the State of Nevada and is entitled to recover damages and secure other relief provided by the provisions of this chapter:

    (a) As parens patriae of the persons residing in [the] this state, with respect to damages sustained directly or indirectly by such persons, or, alternatively, if the court finds in its discretion that the interests of justice so require, as a representative of a class or classes consisting of persons residing in [the state,] this state who have been damaged [;] directly or indirectly; or


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1999 Statutes of Nevada, Page 946 (Chapter 200, AB 108)

 

    (b) As parens patriae, with respect to direct or indirect damages to the general economy of the State of Nevada or any political subdivision thereof.

    2.  In any action under this section, [the] this state:

    (a) May recover the aggregate damage sustained by the persons on whose behalf [the] this state sues, without separately proving the individual claims of each such person. Proof of such damages [shall] must be based on : [any or all of the following:]

         (1) Statistical or sampling methods;

         (2) The pro rata allocation of illegal overcharges of sales occurring within the State of Nevada; or

         (3) Such other reasonable system of estimating aggregate damages as the court [in its discretion] may permit.

    (b) Shall distribute, allocate or otherwise pay the amounts so recovered [either] in accordance with state law, or in the absence of any applicable state law, as the district court may [in its discretion] authorize, subject to the requirement that any distribution procedure adopted afford each person on whose behalf [the] this state sues a reasonable opportunity individually to secure the pro rata portion of such recovery attributable to his or its respective claims for damages, less litigation and administrative costs, including attorney fees, before any of [such] the recovery is escheated.

    Sec. 2.  NRS 598A.210 is hereby amended to read as follows:

    598A.210  1.  Any person threatened with injury or damage to his business or property by reason of a violation of any provision of this chapter, may institute [an] a civil action or proceeding for injunctive relief. If the court issues a permanent injunction, the plaintiff shall recover reasonable attorney fees, together with costs, as determined by the court.

    2.  Any person injured or damaged directly or indirectly in his business or property by reason of a violation of the provisions of this chapter may [sue therefor] institute a civil action and shall recover treble damages, together with reasonable attorney fees and costs.

    3.  Any person commencing an action for any violation of the provisions of this chapter shall, simultaneously with the filing of the complaint with the court, mail a copy of the complaint to the attorney general.

    Sec. 3.  NRS 598A.260 is hereby amended to read as follows:

    598A.260  1.  All money obtained as awards, damages or civil penalties for the State of Nevada and its agencies by the attorney general as a result of enforcement of statutes pertaining to unfair trade practices, whether by final judgment, settlement or otherwise must be deposited in the state treasury as follows:

    (a) All attorney’s fees and costs and [10] 50 percent of all recoveries for credit to the attorney general’s special fund.

    (b) The balance of the recoveries for credit to the state general fund.

    2.  Money deposited in the state treasury for credit to the attorney general’s special fund pursuant to subsection 1 must be used for payment of the expenses of enforcing the statutes pertaining to unfair trade practices. Those expenses which are in excess of the amount available in the fund must be paid out of the legislative appropriation for the support of the office of attorney general.


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1999 Statutes of Nevada, Page 947 (Chapter 200, AB 108)

 

    3.  On June 30 of each fiscal year, any amount in excess of [$30,000] $200,000 in the attorney general’s special fund of the money collected pursuant to subsection 1 reverts to the state general fund.

    4.  The balance of the money in the attorney general’s special fund that is collected pursuant to subsection 1 must not exceed $250,000. If money deposited in the state treasury for credit to the attorney general’s special fund pursuant to subsection 1 would cause that balance to exceed $250,000 if credited to the fund, the amount of the deposit which would cause the balance to exceed $250,000 immediately reverts to the state general fund.

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CHAPTER 201, AB 150

Assembly Bill No. 150–Committee on Ways and Means

 

CHAPTER 201

 

AN ACT relating to the department of transportation; abolishing the state highway payroll clearing account; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 408.227 is hereby repealed.

    Sec. 2.  This act becomes effective on July 1, 1999.

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CHAPTER 202, AB 169

Assembly Bill No. 169–Assemblywoman Tiffany

 

CHAPTER 202

 

AN ACT relating to elections; revising the provisions governing the form for an application to register to vote; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  NRS 293.507 is hereby amended to read as follows:

    293.507  1.  The secretary of state shall prescribe:

    (a) A standard form for applications to register to vote; and

    (b) A special form for registration to be used in a county where registrations are performed and records of registration are kept by computer.

    2.  The county clerks shall provide forms for applications to register to vote to field registrars in the form and number prescribed by the secretary of state.

    3.  A form for an application to register to vote must include a duplicate copy marked as the receipt to be retained by the applicant upon completion of the form.

    4.  The form for an application to register to vote must include:

    (a) A line [on which to enter the number on] for use by the county clerk to enter the number:


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1999 Statutes of Nevada, Page 948 (Chapter 202, AB 169)

 

         (1) Indicated on the voter’s social security card, driver’s license or identification card issued by the department of motor vehicles and public safety [.] , or any other identification card issued by an agency of this state or the Federal Government that contains:

             (I) A unique number; and

             (II) A photograph or physical description of the voter; or

         (2) Issued to the voter pursuant to subsection 5.

    (b) A line on which to enter the address at which the voter actually resides. The application must not be accepted if the address is listed as a post office box unless a street address has not been assigned to his residence.

    (c) A notice that the voter may not list his address as a business unless he actually resides there.

    5.  If a voter does not:

    (a) Possess any of the identification set forth in subparagraph (1) of paragraph (a) of subsection 4; or

    (b) Wish to provide to the county clerk the number indicated on that identification,

the county clerk shall issue a unique identification number to the voter.

    6.  The secretary of state shall adopt regulations to carry out the provisions of subsections 4 and 5.

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CHAPTER 203, AB 304

Assembly Bill No. 304–Committee on Judiciary

 

CHAPTER 203

 

AN ACT relating to peace officers; prohibiting false or fraudulent complaints against a peace officer; requiring each agency that employs peace officers to establish a written procedure for investigating complaints against peace officers; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  Chapter 199 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A person who knowingly files a false or fraudulent written complaint or allegation of misconduct against a peace officer for conduct in the course and scope of his employment is guilty of a misdemeanor.

    2.  As used in this section, “peace officer” has the meaning ascribed to it in NRS 289.010.

    Sec. 2.  Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows:

    Each agency in this state that employs peace officers shall:

    1.  Establish written procedures for investigating any complaint or allegation of misconduct made or filed against a peace officer employed by the agency; and

 

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