[Rev. 7/31/2013 4:18:33 PM]

Link to Page 1200

 

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ê1987 Statutes of Nevada, Page 1201 (Chapter 535, SB 428)ê

 

      Sec. 3.  NRS 644.070 is hereby amended to read as follows:

      644.070  1.  The board shall hold meetings at least four times a year for the examination of applicants for registration and for the transaction of such other business as pertains to its duties.

      2.  The board may hold such other meetings for the examination of applicants for registration or for the transaction of necessary business at such times and places as it determines.

      3.  The members of the board are entitled to receive a salary of [not more than $60] $80 per day [, as fixed by the board,] while engaged in the business of the board.

      4.  All such compensation and expenses must be paid by the board out of the fees and receipts received by it, and no part thereof may be paid by the state.

      Sec. 4.  NRS 644.110 is hereby amended to read as follows:

      644.110  The board shall adopt reasonable regulations:

      1.  For carrying out the provisions of this chapter.

      2.  For conducting examinations of applicants for licenses.

      3.  For governing the recognition of, and the credits to be given to, the study of cosmetology under a licensed [manicurist, electrologist, aesthetician or cosmetologist] electrologist or in a school of cosmetology licensed under the laws of another state or territory of the United States or the District of Columbia.

      4.  For governing the conduct of schools of cosmetology. The regulations must include but need not be limited to, provisions:

      (a) Prohibiting schools from requiring that students purchase beauty supplies for use in the course of study;

      (b) Prohibiting schools from deducting earned hours of school credit or any other compensation earned by a student as a punishment for misbehavior of the student;

      (c) Providing for lunch and coffee recesses for students during school hours; and

      (d) Allowing a member or an authorized employee of the board to review the records of a student’s training and attendance.

      5.  Governing the courses of study and practical training required of persons for treating the skin of the human body, except the scalp.

      6.  For governing the conduct of cosmetological establishments and facilities for demonstrations.

      Sec. 5.  NRS 644.190 is hereby amended to read as follows:

      644.190  1.  It is unlawful for any person to conduct or operate a cosmetological establishment, school of cosmetology, facility for demonstrations or any other place of business in which any one or any combination of the occupations of cosmetology are taught or practiced until licensed under the provisions of this chapter.

      2.  It is unlawful for any person to engage in, or attempt to engage in, the practice of cosmetology or any branch thereof, whether for compensation or otherwise, unless he is licensed under the provisions of this chapter.


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ê1987 Statutes of Nevada, Page 1202 (Chapter 535, SB 428)ê

 

      3.  This chapter does not prohibit:

      (a) [Any cosmetologist’s apprentice from engaging in the practice of cosmetology under the immediate supervision of a licensed cosmetologist.

      (b)] Any student in any school of cosmetology, legally established under the provisions of this chapter, from engaging, in the school and as a student, in work connected with any branch or any combination of branches of cosmetology in the school.

      [(c)] (b) An electrologist’s apprentice from participating in a course of practical training and study.

      Sec. 6.  NRS 644.197 is hereby amended to read as follows:

      644.197  1.  The board shall admit to examination for a license as an instructor in manicuring any person who has applied to the board in proper form, paid the fee and:

      (a) Is at least 18 years of age;

      (b) Is of good moral character;

      (c) Has successfully completed the 12th grade in school or its equivalent;

      (d) Has received a minimum of [350] 500 hours of training as a teacher in a licensed school of cosmetology; and

      (e) Has practiced as a full-time licensed manicurist for 1 year.

      2.  An instructor in manicuring shall complete at least 30 hours of advanced training in a course approved by the board during each 2-year period of his license.

      Sec. 7.  NRS 644.200 is hereby amended to read as follows:

      644.200  1.  The board shall admit to examination for a license as a cosmetologist, at any meeting of the board held to conduct examinations, any person who has made application to the board in proper form and paid the fee, and who before or on the date of the examination:

      (a) Is not less than 18 years of age.

      (b) Is of good moral character.

      (c) Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to applicable state or federal requirements.

      (d) Has had any one of the following:

             (1) Training of at least 1,800 hours, extending over a school term of 10 months, in a school of cosmetology approved by the board.

             (2) Practice of the occupation of a cosmetologist for a period of 4 years outside this state.

             (3) [Service for at least 3,600 hours in not less than 2 years as a cosmetologist’s apprentice in a licensed cosmetological establishment in which all of the occupations of a cosmetologist are practiced.

             (4)] If the applicant is a barber registered pursuant to chapter 643 of NRS, 400 hours of specialized training approved by the board.

      2.  A registered barber who fails the examination for a license as a cosmetologist must complete further study as prescribed by the board, not exceeding 250 hours, in a school of cosmetology approved by the board before he is again entitled to take the examination.


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ê1987 Statutes of Nevada, Page 1203 (Chapter 535, SB 428)ê

 

      Sec. 8.  NRS 644.210 is hereby amended to read as follows:

      644.210  1.  An application for admission to examination or for a license in any branch of cosmetology must be in writing on forms furnished by the board [.] and must be submitted within the period designated by the board.

      2.  An application must be accompanied by a fee of $15 and contain proof of the qualifications of the applicant for examination or licensure. [It] The application must be verified by the oath of the applicant.

      Sec. 9.  NRS 644.220 is hereby amended to read as follows:

      644.220  1.  In addition to the fee for an application, the fees for examination are:

      (a) For examination as a cosmetologist, not less than $40 and not more than $75.

      (b) For examination as an electrologist, not less than $40 and not more than $75.

      (c) For examination as a manicurist, not less than $40 and not more than $75.

      (d) For examination as an aesthetician, not less than $40 and not more than $75.

      (e) For examination as an instructor of aestheticians or in cosmetology or manicuring, $40.

The fee for each re-examination is not less than $40 and not more than $75.

      2.  Each applicant referred to in subsection 1 shall, in addition to the fees specified therein, pay the reasonable value of all supplies necessary to be used in the examination.

      Sec. 10.  NRS 644.380 is hereby amended to read as follows:

      644.380  1.  Any person desiring to conduct a school of cosmetology in which any one or any combination of the occupations of cosmetology are taught must apply to the board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the board. Each application must contain proof of the particular requisites for a license provided for in this chapter, and must be verified by the oath of the maker. The forms must be accompanied by:

      (a) A detailed floor plan of the proposed school;

      (b) The name, address and number of the license of the manager or person in charge and of each instructor;

      (c) Evidence of financial ability to provide the facilities and equipment required by regulations of the board and to maintain the operation of the proposed school for 1 year;

      (d) Proof that the proposed school will commence operation with an enrollment of not less than 25 bona fide students;

      (e) The annual fee for a license; and

      (f) The name and address of the person designated to accept service of process.

      2.  Upon receipt by the board of the application, the board shall, before issuing a license, determine whether the proposed school:

      (a) Is suitably located.


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ê1987 Statutes of Nevada, Page 1204 (Chapter 535, SB 428)ê

 

      (b) Contains [adequate] at least 5,000 square feet of floor space and adequate equipment.

      (c) Meets all requirements established by regulations of the board.

      3.  The annual fee for a license for a school of cosmetology is not less than $450 and not more than $500.

      4.  If the ownership of the school changes or the school moves to a new location, a new license must be obtained.

      Sec. 11.  NRS 644.383 is hereby amended to read as follows:

      644.383  1.  The owner of each school of cosmetology shall post with the board a surety bond executed by the applicant as principal and by a surety company as surety in the amount of [$50,000.] $10,000.

      2.  The bond must be in the form approved by the board and must be conditioned upon compliance with the provisions of this chapter and upon faithful compliance with the terms and conditions of any contracts, verbal or written, made by the school to furnish instruction to any person. The bond must be to the State of Nevada in favor of every person who pays or deposits money with the school as payment for instruction. A bond continues in effect until notice of termination is given by registered or certified mail to the board and every bond must set forth this fact.

      3.  A person claiming to be injured or damaged by an act of the school may maintain an action in any court of competent jurisdiction on the bond against the school and the surety named therein, or either of them, for refund of tuition paid . [and any] Any judgment against the principal or surety in any such action must include the costs thereof and those incident to the bringing of the action, including a reasonable attorney’s fee. The aggregate liability of the surety to all such persons may not [, however,] exceed the sum of the bond.

      Sec. 12.  NRS 644.387 is hereby amended to read as follows:

      644.387  Every cosmetological establishment which exacts a fee for the teaching of any branch of cosmetology [, except the teaching of cosmetologist’s apprentices in any branch of cosmetology,] is a school of cosmetology and shall comply with the provisions of NRS 644.400 and the regulations adopted by the board.

      Sec. 13.  NRS 644.400 is hereby amended to read as follows:

      644.400  1.  A school of cosmetology must at all times be under the immediate supervision of a licensed instructor who has had practical experience of at least 1 year in the practice of a majority of the branches of cosmetology in an established place of business.

      2.  A school of cosmetology shall:

      (a) Maintain a school term of not less than 1,800 hours extending over a period of not less than 10 months nor more than 24 months, and maintain a course of practical training and technical instruction equal to the requirements for examination for a license as a cosmetologist.

      (b) Maintain apparatus and equipment sufficient to teach all the subjects of its curriculum.

      (c) Keep a daily record of the attendance of each student, a record devoted to the different practices, establish grades and hold examinations before issuing diplomas.


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ê1987 Statutes of Nevada, Page 1205 (Chapter 535, SB 428)ê

 

devoted to the different practices, establish grades and hold examinations before issuing diplomas. These records must be submitted to the board pursuant to its regulations.

      (d) Include in its curriculum a course of deportment consisting of instruction in courtesy, neatness and professional attitude in meeting the public.

      (e) Arrange the courses devoted to each branch or practice of cosmetology as the board may from time to time adopt as the course to be followed by the schools.

      (f) Not allow any student to perform services on the public for more than 7 hours in any day nor for more than 5 days out of every 7.

      (g) Conduct at least 5 hours of instruction in theory in each 40-hour week [,] or 6 hours of instruction in theory in each 48-hour week, which must be attended by all registered students.

      (h) Require that all work by students be done on the basis of rotation.

      Sec. 14.  NRS 644.430 is hereby amended to read as follows:

      644.430  1.  The following are grounds for disciplinary action by the board:

      (a) Failure of a person operating a cosmetological establishment , school of cosmetology or facility for demonstrations to comply with the requirements of this chapter.

      (b) Failure to comply with the regulations adopted by the board for cosmetological establishments, facilities for demonstrations, schools of cosmetology or the practice of the occupations of a cosmetologist.

      (c) Obtaining practice in cosmetology or any branch thereof, or money or any thing of value, by fraudulent misrepresentation.

      (d) Gross malpractice.

      (e) Continued practice by a person knowingly having an infectious or contagious disease.

      (f) Drunkenness or addiction to the use of a controlled substance as defined by chapter 453 of NRS.

      (g) Advertisement by means of knowingly false or deceptive statements.

      (h) Permitting a license to be used where the holder thereof is not personally, actively and continuously engaged in business.

      (i) Failure to display the license as provided in NRS 644.290, 644.360 and 644.410.

      (j) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.

      (k) Any other unfair or unjust practice, method or dealing which, in the judgment of the board, may justify such action.

      2.  If the board determines that a violation of this section has occurred, it may:

      (a) Refuse to issue or renew a license;

      (b) Revoke or suspend a license;

      (c) Place the licensee on probation for a specified period; or

      (d) Impose a fine not to exceed $1,000.


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ê1987 Statutes of Nevada, Page 1206 (Chapter 535, SB 428)ê

 

      Sec. 15.  NRS 644.0235 is hereby repealed.

      Sec. 16.  Section 7 of this act becomes effective at 12:01 a.m. on July 1, 1987.

 

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CHAPTER 536, SB 554

Senate Bill No. 554–Committee on Commerce and Labor

CHAPTER 536

AN ACT relating to the enforcement of judgments; revising the designation of household goods that are exempt from execution; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 21.090 is hereby amended to read as follows:

      21.090  1.  The following property is exempt from execution, except as otherwise specifically provided in this section:

      (a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.

      (b) Necessary household goods, [appliances, furniture, home] as defined in 16 C.F.R. § 444.1(i) as that section existed on January 1, 1987, and yard equipment, not to exceed $3,000 in value, belonging to the judgment debtor to be selected by him.

      (c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.

      (d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.

      (e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.

      (f) One vehicle if the judgment debtor’s equity does not exceed $1,000 or the creditor is paid an amount equal to any excess above that equity.

      (g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during this period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater. The exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, “disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.


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ê1987 Statutes of Nevada, Page 1207 (Chapter 536, SB 554)ê

 

earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.

      (h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.

      (i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

      (j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.

      (k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000 . [, and if they exceed that sum] If the premium exceeds that amount, a like exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.

      (l) The homestead as provided for by law.

      (m) The dwelling of the judgment debtor occupied as a home for himself and family, not exceeding $90,000 in value, where the dwelling is situate upon lands not owned by him.

      2.  No article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

      3.  Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 (92 Stat. 2586) do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2, of this section.

 

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ê1987 Statutes of Nevada, Page 1208ê

 

CHAPTER 537, SB 497

Senate Bill No. 497–Committee on Commerce and Labor

CHAPTER 537

AN ACT relating to the legislative committee on public lands; providing for the payment from the legislative fund of the salaries and expenses of the legislative members of the committee; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.5365 is hereby amended to read as follows:

      218.5365  1.  The members of the committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee. The research director of the legislative counsel bureau or a person he has designated shall act as the nonvoting recording secretary. The committee shall prescribe regulations for its own management and government. Four members of the committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the committee.

      2.  The members of the committee who are state legislators are entitled to receive a salary of $80 and the subsistence allowances and travel expenses provided for state officers and employees generally for each day of attendance at a meeting of the committee and while engaged in the business of the committee. Per diem allowances, salary and travel expenses of the legislative members of the committee must be paid from the legislative fund.

      3.  The member of the committee who represents a local political subdivision is entitled to receive the subsistence allowances and travel expenses provided by law for his position for each day of attendance at a meeting of the committee and while engaged in the business of the committee, to be paid by his local political subdivision.

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

 

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CHAPTER 538, AB 848

Assembly Bill No. 848–Committee on Ways and Means

CHAPTER 538

AN ACT relating to public employees’ retirement; authorizing the director of the department of administration to pay certain claims to reimburse public employees for amounts incorrectly deducted from their salaries for retirement contributions; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The director of the department of administration may pay, from any money that would otherwise revert at the end of the fiscal year 1986-87, including money in any account established for the adjustment of salaries for state employees, any valid claim for reimbursement of the amount by which a state employee’s salary was incorrectly reduced to counterbalance contributions by his employer to the public employees’ retirement system established by chapter 286 of NRS, regardless of the date upon which the claim arose or the salary was reduced.


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ê1987 Statutes of Nevada, Page 1209 (Chapter 538, AB 848)ê

 

from any money that would otherwise revert at the end of the fiscal year 1986-87, including money in any account established for the adjustment of salaries for state employees, any valid claim for reimbursement of the amount by which a state employee’s salary was incorrectly reduced to counterbalance contributions by his employer to the public employees’ retirement system established by chapter 286 of NRS, regardless of the date upon which the claim arose or the salary was reduced.

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

 

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CHAPTER 539, SB 286

Senate Bill No. 286–Committee on Judiciary

CHAPTER 539

AN ACT relating to criminal procedure; prohibiting the issuance of a writ of habeas corpus unless the petitioner has previously filed a petition for post-conviction relief; changing various times for the filing of certain petitions and motions; providing a procedure for the stay of execution of a sentence of death; providing for the release of a person on bail pending appeal; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 34 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  A petitioner may not file a petition for a writ of habeas corpus unless he previously filed a petition for post-conviction relief pursuant to NRS 177.315 to 177.385, inclusive, and sections 28 to 39, inclusive, of this act, or demonstrates good cause for the failure to file a petition for post-conviction relief or meet the time requirements for filing a petition for post-conviction relief and actual prejudice to the petitioner.

      Sec. 4.  1.  An applicant who, after conviction or while no criminal action is pending against him, has petitioned the district court for a writ of habeas corpus and whose application for the writ is denied, may appeal to the supreme court from the order and judgment of the district court, but the appeal must be made within 30 days after the date of service of notice of the entry of the order or judgment.

      2.  The State of Nevada is an interested party in proceedings for a writ of habeas corpus. If the district court grants the writ and orders the discharge or a change in custody of the petitioner, then the respondent, on behalf of the state, may appeal to the supreme court from the order of the district judge within 30 days after the entry of the order.

      3.  Whenever an appeal is taken from an order of the district court discharging a petitioner or committing him to the custody of another person after granting a petition for habeas corpus, the clerk of the district court shall forthwith certify and transmit to the supreme court, as the record on appeal, the original papers on which the petition was heard in the district court and, if either the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court.


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ê1987 Statutes of Nevada, Page 1210 (Chapter 539, SB 286)ê

 

discharging a petitioner or committing him to the custody of another person after granting a petition for habeas corpus, the clerk of the district court shall forthwith certify and transmit to the supreme court, as the record on appeal, the original papers on which the petition was heard in the district court and, if either the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court. The district court shall require its court reporter to expedite the preparation of the transcript in preference to any request for a transcript in any civil matter.

      Secs. 5 and 6.  (Deleted by amendment.)

      Sec. 7.  A petition for a writ of habeas corpus (post-conviction) must be in substantially the following form:

Case No.    ...........................................

Dept. No.   ...........................................

IN THE ..................... JUDICIAL DISTRICT COURT OF THE

STATE OF NEVADA IN AND FOR THE COUNTY OF .............................

 

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

                       Petitioner

 

                               v.                                                                              PETITION FOR WRIT

                                                                                                                OF HABEAS CORPUS

                                                                                                                (POST-CONVICTION)

                     Respondent

INSTRUCTIONS:

      (1) This petition must be legibly handwritten or typewritten, signed by the petitioner and verified.

      (2) Additional pages are not permitted except where noted or with respect to the facts which you rely upon to support your grounds for relief. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum.

      (3) If you want an attorney appointed, you must complete the Affidavit in Support of Request to Proceed in Forma Pauperis. You must have an authorized officer at the prison complete the certificate as to the amount of money and securities on deposit to your credit in any account in the institution.

      (4) You must name as respondent the person by whom you are confined or restrained. If you are in a specific institution of the department of prisons, name the warden or head of the institution. If you are not in a specific institution of the department but within its custody, name the director of the department of prisons.

      (5) You must include all grounds or claims for relief which you may have regarding your conviction or sentence. Failure to raise all grounds in this petition may preclude you from filing future petitions challenging your conviction and sentence.

      (6) You must allege specific facts supporting the claims in the petition you file seeking relief from any conviction or sentence.


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ê1987 Statutes of Nevada, Page 1211 (Chapter 539, SB 286)ê

 

file seeking relief from any conviction or sentence. Failure to allege specific facts rather than just conclusions may cause your petition to be dismissed.

      (7) When the petition is fully completed, the original and one copy must be filed with the clerk of the state district court for the county in which you are imprisoned or restrained of your liberty. One copy must be mailed to the respondent, one copy to the attorney general’s office, and one copy to the district attorney of the county in which you were convicted or to the original prosecutor if you are challenging your original conviction or sentence. Copies must conform in all particulars to the original submitted for filing.

      (8) This form is not intended to, and does not, preclude your right to file for post-conviction relief in the district court for the county from which you were convicted in the State of Nevada under the provisions of NRS 177.325. You will be precluded, however, from filing a petition pursuant to chapter 177 of NRS if you do not file it within 1 year after your conviction or decision on appeal and cannot show good cause for failing to file within that time. You are precluded from filing a habeas corpus petition pursuant to chapter 34 of NRS if you do not first challenge your conviction or sentence by filing a petition pursuant to chapter 177 or NRS.

 

PETITION

 

      1.  Name of institution and county in which you are presently imprisoned or where and how you are presently restrained of your liberty: ...............................................................................

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

      2.  Name and location of court which entered the judgment of conviction under attack:     

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

      3.  Date of judgment of conviction: ...............................................................................

      4.  Case number:................................................................................................................

      5.  (a) Length of sentence: .............................................................................................

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

      (b) If sentence is death, state any date upon which execution is scheduled:.........

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

      6.  Are you presently serving a sentence for a conviction other than the conviction under attack in this motion? Yes ............ No ..........

If “yes,” list crime, case number and sentence being served at this time:.......................

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

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

      7.  Nature of offense involved in conviction being challenged: ..............................

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

      8.  What was your plea? (check one)

      (a) Not guilty ..........

      (b) Guilty ..........

      (c) Nolo contendere ..........


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ê1987 Statutes of Nevada, Page 1212 (Chapter 539, SB 286)ê

 

      9.  If you entered a guilty plea to one count of an indictment or information, and a not guilty plea to another count of an indictment or information, or if a guilty plea was negotiated, give details:     

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

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

      10.  If you were found guilty after a plea of not guilty, was the finding made by: (check one)

      (a) Jury ..........

      (b) Judge without a jury ..........

      11.  Did you testify at the trial? Yes .......... No ..........

      12.  Did you appeal from the judgment of conviction? Yes .......... No ..........

      13.  If you did appeal, answer the following:

      (a) Name of court: .............................................................................................................

      (b) Case number or citation: ..........................................................................................

      (c) Result: ...........................................................................................................................

      (d) Date of result: ..............................................................................................................

(Attach copy of order or decision, if available.)

      14.  If you did not appeal, explain briefly why you did not: ....................................

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

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

      15.  Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications or motions with respect to this judgment in any court, state or federal? Yes .......... No ..........

      16.  If your answer to No. 15 was “yes,” give the following information:

      (a) (1) Name of court: .......................................................................................................

             (2) Nature of proceeding: .........................................................................................

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

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

             (3) Grounds raised: ....................................................................................................

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

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

             (4) Did you receive an evidentiary hearing on your petition, application or motion? Yes .......... No ..........

             (5) Result: .....................................................................................................................

             (6) Date of result: ........................................................................................................

             (7) If known, citations of any written opinion or date of orders entered pursuant to such result:       

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

      (b) As to any second petition, application or motion, give the same information:

             (1) Name of court: .......................................................................................................

             (2) Nature of proceeding: .........................................................................................

             (3) Grounds raised: ....................................................................................................


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

ê1987 Statutes of Nevada, Page 1213 (Chapter 539, SB 286)ê

 

             (4) Did you receive an evidentiary hearing on your petition, application or motion? Yes .......... No ..........

             (5) Result: .....................................................................................................................

             (6) Date of result: ........................................................................................................

             (7) If known, citations of any written opinion or date of orders entered pursuant to such result:       

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

      (c) As to any third or subsequent additional applications or motions, give the same information as above, list them on a separate sheet and attach.

      (d) Did you appeal to the highest state or federal court having jurisdiction, the result or action taken on any petition, application or motion?

             (1) First petition, application or motion? Yes .......... No ..........

                   Citation or date of decision: ...............................................................................

             (2) Second petition, application or motion? Yes .......... No ..........

                   Citation or date of decision: ...............................................................................

             (3) Third or subsequent petitions, applications or motions? Yes .......... No ..........

                   Citation or date of decision: ...............................................................................

      (e) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not:............................................................................................................

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

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

      17.  Has any ground being raised in this petition been previously presented to this or any other court by way of petition for habeas corpus, post-conviction relief pursuant to chapter 177 of NRS, motion or application? If so, identify:

      (a) Which of the grounds is the same: ...........................................................................

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

      (b) The proceedings in which these grounds were raised: .......................................

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

      (c) Briefly explain why you are again raising these grounds:..................................

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

      18.  If any of the grounds listed in Nos. 23(a), (b), (c) and (d), or listed on any additional pages you have attached, were not previously presented in any other court, state or federal, list briefly what grounds were not so presented, and give your reasons for not presenting them:      

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

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

      19.  Are you filing this petition more than 2 years following the filing of the judgment of conviction or the filing of a decision on direct appeal? If so, state briefly the reasons for the delay:      

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

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


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

ê1987 Statutes of Nevada, Page 1214 (Chapter 539, SB 286)ê

 

      20.  Do you have any petition or appeal now pending in any court, either state or federal, as to the judgment under attack? Yes .......... No ..........

If yes, state what court and the case number: ......................................................................

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

      21.  Give the name of each attorney who represented you in the proceeding resulting in your conviction and on direct appeal: ..........................................................................................

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

      22.  Do you have any future sentences to serve after you complete the sentence imposed by the judgment under attack? Yes .......... No ..........

If yes, specify where and when it is to be served, if you know: .........................................

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

      23.  State concisely every ground on which you claim that you are being held unlawfully. Summarize briefly the facts supporting each ground. If necessary you may attach pages stating additional grounds and facts supporting same.

      (a) Ground one: .................................................................................................................

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

Supporting FACTS (Tell your story briefly without citing cases or law.): ....................

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

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

      (b) Ground two: .................................................................................................................

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

Supporting FACTS (Tell your story briefly without citing cases or law.): ....................

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

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

      (c) Ground three: ..............................................................................................................

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

Supporting FACTS (Tell your story briefly without citing cases or law.): ....................

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

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

      (d) Ground four: ................................................................................................................

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

Supporting FACTS (Tell your story briefly without citing cases or law.): ....................

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

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

      WHEREFORE, petitioner prays that the court grant petitioner relief to which he may be entitled in this proceeding.

      EXECUTED at ......................... on the .......... day of ........................, 19.....

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

                                                                                               Signature of petitioner

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

                                                                                                             Address


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

ê1987 Statutes of Nevada, Page 1215 (Chapter 539, SB 286)ê

 

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

              Signature of attorney (if any)

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

                    Attorney for petitioner

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

                                 Address

VERIFICATION

      Under penalty of perjury, the undersigned declares that he is the petitioner named in the foregoing petition and knows the contents thereof; that the pleading is true of his own knowledge, except as to those matters stated on information and belief, and as to such matters he believes them to be true.

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

                                                                                                                 Petitioner

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

                                                                                                      Attorney for petitioner

 

CERTIFICATE OF SERVICE BY MAIL

      I, ........................., hereby certify pursuant to N.R.C.P. 5(b), that on this .......... day of ........................., 19........, I mailed a true and correct copy of the foregoing PETITION FOR WRIT OF HABEAS CORPUS addressed to:

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

                                                                    Respondent prison or jail official

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

                                                                                           Address

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

 

                                                        Attorney General

                                                        Heroes’ Memorial Building

                                                        Capitol Complex

                                                        Carson City, Nevada 89710

 

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

                                                             District Attorney of County of Conviction

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

                                                                                           Address

 

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

                                                                                                     Signature of Petitioner

      Sec. 8.  NRS 34.370 is hereby amended to read as follows:

      34.370  1.  A petition for a writ of habeas corpus must be verified by the petitioner or his counsel. If the petition is verified by counsel, he shall also verify that the petitioner personally authorized him to commence the action.

      2.  A verified petition for issuance of a writ of habeas corpus must specify that the petitioner is imprisoned or restrained of his liberty, the officer or other person by whom he is confined or restrained, and the place where he is confined, naming all the parties if they are known, or describing them if they are not known.


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

ê1987 Statutes of Nevada, Page 1216 (Chapter 539, SB 286)ê

 

officer or other person by whom he is confined or restrained, and the place where he is confined, naming all the parties if they are known, or describing them if they are not known.

      [2.] 3.  If the petitioner claims that the imprisonment is illegal, the petitioner must state facts which show that the restraint or detention is illegal.

      [3.] 4.  If the petition request relief from a judgment of conviction or sentence in a criminal case, the petition must identify the proceedings in which the petitioner was convicted, give the date of entry of the final judgment and set forth which constitutional rights of the petitioner were violated and the acts constituting violations of those rights. Affidavits, records or other evidence supporting the allegations in the petition must be attached unless the petition recites the cause for failure to attach these materials. The petition must identify any previous proceeding in state or federal court initiated by the petitioner to secure relief from his conviction or sentence. Argument, citations and other supporting documents are unnecessary.

      Sec. 9.  NRS 34.530 is hereby amended to read as follows:

      34.530  [Whenever any person may be] Any person who is imprisoned or detained in custody on any criminal charge [,] before conviction for want of bail [, such person shall be entitled to] may file a petition for a writ of habeas corpus for the purpose of giving bail, upon averring that fact in his petition, without alleging that he is illegally confined.

      Sec. 10.  NRS 34.540 is hereby amended to read as follows:

      34.540  Any supreme court justice or judge, before whom any person who has been committed on a criminal charge [shall be] before conviction is brought on a writ of habeas corpus, if [the same be] that person is bailable, may take a recognizance from [such] that person, as in other cases, and shall file the same in the proper court without delay . [; but in] In no case where the applicant for a writ of habeas corpus has been admitted to bail and failed to appear before the supreme court justice, the judge or presiding judge of the court wherein the bail was fixed [at the time ordered and directed by the justice, judge, or presiding judge, or court shall the habeas corpus proceedings] may the proceedings for a writ of habeas corpus be dismissed, [save] except upon good cause shown. [And upon] Upon the failure of [any such] that person to [so] appear, the justice, district judge or presiding judge shall cause a bench warrant to be issued and [such] that person arrested and brought before the justice, judge or court as upon contempt.

      Sec. 11.  NRS 34.710 is hereby amended to read as follows:

      34.710  1.  A district court shall not consider any pretrial petition for habeas corpus:

      (a) Based on alleged lack of probable cause or otherwise challenging the court’s right or jurisdiction to proceed to the trial of a criminal charge unless a petition is filed in accordance with NRS 34.700.

      (b) Based on a ground which the petitioner could have included as a ground for relief in any prior petition for habeas corpus or other petition for extraordinary relief.


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

ê1987 Statutes of Nevada, Page 1217 (Chapter 539, SB 286)ê

 

ground for relief in any prior petition for habeas corpus or other petition for extraordinary relief.

      2.  When an application is made to a justice of the supreme court for a writ of habeas corpus and the application is entertained by the justice or the supreme court, and thereafter denied, the person making the application may not submit thereafter an application to the district judge of the district wherein the applicant is held in custody, nor to any other district judge in any other judicial district of the state, premised upon the illegality of the same charge upon which the applicant is held in custody.

      3.  An applicant who, after conviction or while no criminal action is pending against him, has petitioned the district court for a writ of habeas corpus and whose application for the writ is denied, may appeal to the supreme court from the order and judgment of the district court, but the appeal must be made within 30 days after the date of service of notice of the entry of the order or judgment.

      4.  The State of Nevada is an interested party in proceedings for a writ of habeas corpus . [proceedings.] If the district court grants the writ and orders the discharge or a change in custody of the petitioner, then the district attorney of the county in which the application for the writ was made, or the city attorney of a city which is situated in the county in which the application for the writ was made, or the attorney general in behalf of the state, may appeal to the supreme court from the order of the district judge within 30 days after the date of service of notice of the entry of the order.

      5.  Whenever an appeal is taken from an order of the district court discharging a petitioner or committing him to the custody of another person after granting a pretrial petition for habeas corpus based on alleged want of probable cause, or otherwise challenging the court’s right or jurisdiction to proceed to trial of a criminal charge, the clerk of the district court shall forthwith certify and transmit to the supreme court , [of Nevada,] as the record on appeal, the original papers on which the petition was heard in the district court and, if either the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court. The district court shall require its court reporter to expedite the preparation of the transcript in preference to any request for a transcript in any civil matter. When the appeal is docketed in the supreme court , [of Nevada,] it stands submitted without further briefs or oral argument, unless the supreme court otherwise orders.

      [6.  Any procedure provided by law for a change of judge in a civil proceeding before any court of this state, except the supreme court, applies to the proceedings set forth in this section.]

      Sec. 12.  NRS 34.720 is hereby amended to read as follows:

      34.720  The provisions of NRS 34.730 to 34.830, inclusive, and sections 2 to 7, inclusive, of this act, apply only to petitions for writs of habeas corpus in which the petitioner requests relief from a judgment of conviction or sentence in a criminal case.


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

ê1987 Statutes of Nevada, Page 1218 (Chapter 539, SB 286)ê

 

      Sec. 13.  NRS 34.730 is hereby amended to read as follows:

      34.730  1.  A petition for a writ of habeas corpus requesting relief from a judgment of conviction or sentence in a criminal case must be verified [and must be] by the petitioner or his counsel and filed with the clerk of the district court for the county in which the petitioner is in actual custody or with the clerk of the supreme court. If the petition is verified by counsel, the counsel shall also verify that the petitioner personally authorized him to commence the action. Before filing the petition, the clerk of a district court shall determine by the contents of the petition whether the petitioner is in actual custody in that judicial district.

      2.  The petition must be titled “Petition for Writ of Habeas Corpus (Post-Conviction)” and be in substantially the form set forth in section 7 of this act. The petition must name as respondent and be served by mail upon the officer or other person by whom the petitioner is confined or restrained. A copy of the petition must be served by mail upon the attorney general and the district attorney in the county in which the petitioner was convicted.

      3.  The clerk of the district court shall file a petition for a writ of habeas corpus as a new action separate and distinct from any original proceeding in which a conviction may have been had.

      4.  No hearing upon the petition may be set until the requirements of NRS 34.740 to 34.770, inclusive, are satisfied.

      Sec. 14.  NRS 34.750 is hereby amended to read as follows:

      34.750  1.  A petition may allege that the petitioner is unable to pay the costs of the proceedings or to employ counsel. If the court is satisfied that the allegation of indigency is true and the petition is not dismissed summarily, the court may appoint counsel at the time the court orders the filing of an answer and a return. In making its determination, the court may consider whether:

      (a) The issues presented are difficult;

      (b) The petitioner is unable to comprehend the proceedings; or

      (c) Counsel is necessary to proceed with discovery.

      2.  If the court determines that the petitioner is unable to pay all necessary costs and expenses incident to the proceedings of the trial court and the reviewing court, including court costs, stenographic services, printing and reasonable compensation for legal services, all costs must be paid from money appropriated to the office of the state public defender for that purpose. After appropriations for that purpose are exhausted, money must be allocated to the office of the state public defender from the reserve for statutory contingency fund for the payment of [such] the costs, expenses and compensation.

      3.  After appointment by the court, counsel for the petitioner may file and serve supplemental pleadings, exhibits, transcripts and documents within 30 days after the court orders the filing of an answer and a return, but not later than [10] 15 days before the answer and return are due. The answer by the respondent must be filed within 15 days after receipt of the supplemental pleadings and include any response to the supplemental pleadings.


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

ê1987 Statutes of Nevada, Page 1219 (Chapter 539, SB 286)ê

 

      4.  The petitioner shall respond within 15 days after service to a motion by the state to dismiss the action.

      5.  No further pleadings may be filed except as ordered by the court.

      Sec. 15.  NRS 34.780 is hereby amended to read as follows:

      34.780  1.  The Nevada Rules of Civil Procedure, to the extent that they are not inconsistent with NRS 34.360 to 34.830, inclusive, and sections 2 to 7, inclusive, of this act, apply to proceedings pursuant to NRS 34.720 to 34.830, inclusive [.] , and sections 2 to 7, inclusive, of this act.

      2.  After the writ has been granted and a date set for the hearing, a party may invoke any method of discovery available under the Nevada Rules of Civil Procedure if, and to the extent that, the judge or justice for good cause shown grants leave to do so. The judge or justice shall appoint counsel to assist the petitioner if:

      (a) The assistance is necessary for the petitioner to use discovery effectively; and

      (b) The petitioner is eligible for appointment of counsel pursuant to NRS 34.750.

      3.  A request for discovery which is available under the Nevada Rules of Civil Procedure must be accompanied by a statement of the interrogatories or requests for admission and a list of any documents sought to be produced.

      Sec. 16.  NRS 34.800 is hereby amended to read as follows:

      34.800  1.  A petition may be dismissed if delay in the filing of the petition:

      (a) Prejudices the respondent or the State of Nevada in responding to the petition, unless the petitioner shows that the petition is based upon grounds of which he could not have had knowledge by the exercise of reasonable diligence before the circumstances prejudicial to the state occurred; or

      (b) Prejudices the State of Nevada in its ability to conduct a retrial of the petitioner, unless the petitioner demonstrates that a fundamental miscarriage of justice has occurred in the proceedings resulting in the judgment of conviction or sentence.

      2.  A period exceeding 5 years between the filing of a judgment of conviction, an order imposing a sentence of imprisonment or a decision on direct appeal of a judgment of conviction and the filing of a petition for a writ of habeas corpus creates a rebuttable presumption of prejudice to the state. In a motion to dismiss the petition based on that prejudice, the respondent or the State of Nevada must specifically plead laches. The petitioner must be given an opportunity to respond to the allegations in the pleading before a ruling on the motion is made.

      Sec. 17.  NRS 34.820 is hereby amended to read as follows:

      34.820  1.  If a petitioner has been sentenced to death, the petition must include the date upon which execution is scheduled, if it has been scheduled. The petitioner is not entitled to an evidentiary hearing unless the petition states that:

      (a) Each issue of fact to be considered at the hearing has not been determined in any prior evidentiary hearing in a state or federal court; or


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

ê1987 Statutes of Nevada, Page 1220 (Chapter 539, SB 286)ê

 

      (b) For each issue of fact which has been determined in a prior evidentiary hearing, the hearing was not a full and fair consideration of the issue. The petition must specify all respects in which the hearing was inadequate.

      2.  If the petitioner has previously filed a petition for relief or for a stay of the execution in the same court, the petition must be assigned to the judge or justice who considered the previous matter.

      3.  The court shall [personally address] inform the petitioner and his counsel [and inform them] that all claims which challenge the conviction or imposition of the [death penalty] sentence must be joined in a single petition [. Any] and that any matter not included in the petition [must] will not be considered in a subsequent proceeding.

      4.  If relief is granted or the execution is stayed, the clerk shall forthwith notify the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.

      5.  If a district judge conducts an evidentiary hearing, a transcript must be prepared immediately for the purpose of appellate review.

      6.  The judge or justice who considers a petition filed by a petitioner who has been sentenced to death shall make all reasonable efforts to expedite the matter and shall render a decision [.] within 60 days after submission of the matter for decision.

      Sec. 18.  NRS 34.830 is hereby amended to read as follows:

      34.830  After any [evidentiary hearing] determination of a petition for a writ of habeas corpus, whether or not an evidentiary hearing was held, the court shall make specific findings of fact, expressly state its conclusions of law and set forth its judgment. A copy of any decision or order discharging the petitioner from the custody or restraint under which he is held, committing him to the custody of another person or denying the requested relief after a hearing must be served upon the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.

      Sec. 19.  Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 20 to 26, inclusive, of this act.

      Sec. 20.  (Deleted by amendment.)

      Sec. 21.  A district court having proper jurisdiction or the supreme court, if it has proper jurisdiction, may stay the execution of a sentence of death when a petition for post-conviction relief has been filed only after appropriate notice has been given to the appropriate respondent in the case.

      Sec. 22.  When a person under a sentence of death files a proper petition for post-conviction relief pursuant to chapter 34 of 177 of NRS, a district court or the supreme court on a subsequent appeal shall enter a stay of execution if the court finds a stay necessary for a proper consideration of the claims for relief. In making this determination, the court shall consider whether:

      1.  The petition is the first effort by the petitioner to raise constitutional claims for relief after a direct appeal from his conviction and the petition raises claims other than those which could have been raised at trial or on direct appeal.


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

ê1987 Statutes of Nevada, Page 1221 (Chapter 539, SB 286)ê

 

claims for relief after a direct appeal from his conviction and the petition raises claims other than those which could have been raised at trial or on direct appeal.

      2.  The petition is timely filed and jurisdictionally appropriate and does not set forth conclusory claims only.

      3.  If the petition is not the first petition for post-conviction relief, it raises constitutional claims which are not procedurally barred by laches, the law of the case, the doctrines of abuse of the writ or successive petition or any other procedural default.

      4.  If the petition is a second or successive petition, it presents substantial grounds upon which relief might be granted and valid justification for the claims not having been presented in a prior proceeding.

      5.  The petition asserts claims based upon specified facts or law which, if true, would entitle the petitioner to relief.

      6.  The court cannot decide legal claims which are properly raised or expeditiously hold an evidentiary hearing on factual claims which are properly raised before the execution of sentence.

      Sec. 23.  A stay of execution must be entered by the court in writing and copies sent as soon as practicable to the director of the department of prisons, the warden of the institution in which the offender is imprisoned and the office of the attorney general in Carson City. The court shall also enter an order and take all necessary actions to expedite further proceeding before that court.

      Sec. 24.  Any stay of execution previously entered by the court must be vacated if the court denies a petition filed pursuant to chapter 34 or 177 of NRS.

      Sec. 25.  Upon the denial of any appeal to the supreme court pursuant to chapter 34 or 177 of NRS, the supreme court shall dissolve any stay of execution previously entered. No stay of such execution may be entered or continued by the supreme court after the denial of an appeal pending the filing of a petition with a federal court or a petition for a writ of certiorari with the Supreme Court of the United States.

      Sec. 26.  The respondent may file a petition with the supreme court within 10 days after the entry of a stay of execution by a district court to dissolve a stay which was improperly entered. The filing of the petition does not divest the district court of jurisdiction to hear the claims raised by the petition and the district court shall not delay consideration of the claims because of the filing of such a petition with the supreme court.

      Sec. 27.  NRS 176.415 is hereby amended to read as follows:

      176.415  The execution of a judgment of death [shall] must be stayed only:

      1.  By the [governor or the] state board of pardons commissioners as authorized in sections 13 and 14 of article 5 of the constitution of the State of Nevada;

      2.  When [an appeal from such judgment] a direct appeal from the judgment of conviction and sentence is taken to the supreme court ; [of Nevada; or]


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

ê1987 Statutes of Nevada, Page 1222 (Chapter 539, SB 286)ê

 

      3.  By a judge of the district court of the county in which the state prison is situated, for the purpose of [a] an investigation of sanity or pregnancy [investigation] as provided in NRS 176.425 to 176.485, inclusive [.] ; or

      4.  Pursuant to the provisions of sections 21 to 26, inclusive, of this act.

      Sec. 28.  Chapter 177 of NRS is hereby amended by adding thereto the provisions set forth as sections 29 to 38, inclusive, of this act.

      Sec. 29.  (Deleted by amendment.)

      Sec. 30.  A petition for post-conviction relief must be in substantially the following form:

Case No.    ...........................................

Dept. No.   ...........................................

 

IN THE ..................... JUDICIAL DISTRICT COURT OF THE

STATE OF NEVADA IN AND FOR .............................

 

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

                       Petitioner

 

                               v.                                                                PETITION FOR

                                                                                             POST-CONVICTION

      THE STATE OF NEVADA,                                                    RELIEF

                     Respondent                                                  (NRS 177.315 et seq.)

INSTRUCTIONS:

      (1) This petition must be legibly handwrttn or typewritten, signed by the petitioner and verified.

      (2) Additional pages are not permitted except where noted or with respect to the facts which you rely upon to support your grounds for relief. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum.

      (3) If you want an attorney appointed, you must complete the Affidavit in Support of Request to Proceed in Forma Pauperis. You must have an authorized officer at the prison complete the certificate as to the amount of money and securities on deposit to your credit in any account in the institution.

      (4) You must include all grounds or claims for relief which you may have regarding your conviction or sentence. Failure to raise all grounds in this petition may preclude you from filing future petitions challenging your conviction and sentence.

      (5) You must allege specific facts supporting the claims in the petition you file seeking relief from any conviction or sentence. Failure to allege specific facts rather than just conclusions may cause your petition to be dismissed.

      (6) When the petition is fully completed, the original and one copy must be filed with the clerk of the state district court for the county in which you were convicted within 1 year after the final judgment of conviction, or within 1 year after the final decision in your appeal if you appealed your conviction.


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

ê1987 Statutes of Nevada, Page 1223 (Chapter 539, SB 286)ê

 

were convicted within 1 year after the final judgment of conviction, or within 1 year after the final decision in your appeal if you appealed your conviction. One copy must be mailed to the district attorney of the county in which you were convicted or to the original prosecutor. Copies must conform in all particulars to the original submitted for filing.

      (7) Failure to follow these instructions may result in dismissal of your petition. Failure to state clearly and precisely the grounds upon which you make your claim for relief, and to state clearly and precisely the facts and circumstances which give rise to your claim, may result in dismissal of your petition.

 

PETITION

 

      1.  Did you personally prepare your petition? If not, who did? Give name and, if a prisoner, his prison number: ..........................................................................................................................

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

      2.  Name and location of court which entered the judgment of conviction under attack:     

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

      3.  Date of judgment of conviction: ...............................................................................

      4.  Length of sentence: .....................................................................................................

      5.  Nature of offense involved (all counts): .................................................................

      6.  What was your plea? (check one):

      (a) Not guilty ..........

      (b) Guilty .........

      (c) Nolo contendere .........

If you entered a guilty plea to one count or indictment, and a not guilty plea to another count or indictment, or if the guilty plea was negotiated, give details: .........................................

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

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

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

      7.  Kind of trial (check one):

      (a) Jury ..........

      (b) Judge without a jury ..........

      8.  Did you testify at the trial? Yes .......... No ..........

      9.  Did you appeal from the judgment of conviction? Yes .......... No ..........

      10.  If you did appeal, answer the following:

      (a) Name of court: .............................................................................................................

      (b) Result: ...........................................................................................................................

      (c) Date of result: ..............................................................................................................

      11.  Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications or motions with respect to this judgment in any court, state or federal? Yes .......... No ..........


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

ê1987 Statutes of Nevada, Page 1224 (Chapter 539, SB 286)ê

 

      12.  If your answer to No. 11 was “yes,” give the following information:

      (a) (1) Name of court: .......................................................................................................

             (2) Nature of proceeding: .........................................................................................

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

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

             (3) Grounds raised: ....................................................................................................

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

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

             (4) Did you receive an evidentiary hearing on your petition, application or motion? Yes .......... No ..........

             (5) Result: .....................................................................................................................

             (6) Date of result: ........................................................................................................

             (7) If known, citations of any written opinion or orders entered pursuant to such result:    

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

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

      (b) As to any second petition, application or motion give the same information:

             (1) Name of court: .......................................................................................................

             (2) Nature of proceeding: .........................................................................................

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

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

             (3) Grounds raised: ....................................................................................................

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

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

             (4) Did you receive an evidentiary hearing on your petition, application or motion? Yes .......... No ..........

             (5) Result: .....................................................................................................................

             (6) Date of result: ........................................................................................................

      (c) As to any third petition, application or motion, give the same information:

             (1) Name of court: .......................................................................................................

             (2) Nature of proceeding: .........................................................................................

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

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

             (3) Grounds raised: ....................................................................................................

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

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

             (4) Did you receive an evidentiary hearing on your petition, application or motion? Yes .......... No ..........

             (5) Result: .....................................................................................................................

             (6) Date of result: ........................................................................................................

      (d) Did you appeal to the highest state court having jurisdiction, the result of action taken on any petition, application or motion?


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

ê1987 Statutes of Nevada, Page 1225 (Chapter 539, SB 286)ê

 

             (1) First petition, application or motion? Yes .......... No ..........

             (2) Second petition, application or motion? Yes .......... No ..........

             (3) Third petition, application or motion? Yes .......... No ..........

      (e) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not: ...........................................................................................................

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

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

      13.  Has any ground being raised in this petition been previously presented to this or any other court by way of petition for habeas corpus, motion or application? If so, identify:

      (a) Which of the grounds is the same: ...........................................................................

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

      (b) The proceedings in which these grounds were raised: .......................................

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

      14.  State concisely every ground on which you claim that you are being held unlawfully. Summarize briefly the facts supporting each ground. If necessary, you may attach pages stating additional grounds and facts supporting same.

      (a) Ground one: .................................................................................................................

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

Supporting FACTS (Tell your story briefly without citing cases or law.): ....................

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

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

      (b) Ground two: .................................................................................................................

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

Supporting FACTS (Tell your story briefly without citing cases or law.): ....................

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

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

      (c) Ground three: ..............................................................................................................

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

Supporting FACTS (Tell your story briefly without citing cases or law.): ....................

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

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

      (d) Ground four: ................................................................................................................

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

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

Supporting FACTS (Tell your story briefly without citing cases or law.): ....................

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

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

      15.  If any of the grounds listed above were not previously presented in any other court, state or federal, state briefly what grounds were not so presented, and give your reasons for not presenting them: ....................................................................................

 


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

ê1987 Statutes of Nevada, Page 1226 (Chapter 539, SB 286)ê

 

presented, and give your reasons for not presenting them: ..............................................

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

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

      16.  Do you have any petition or appeal now pending in any court, either state or federal, as to the judgment under attack? Yes .......... No ..........

If “yes,” state what court: ........................................................................................................

      17.  Give the name and address if known of each attorney who represented you in the following stages of the judgment under attack herein:

      (a) At preliminary hearing: .............................................................................................

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

      (b) At arraignment and plea: ..........................................................................................

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

      (c) At trial: ..........................................................................................................................

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

      (d) At sentencing: ..............................................................................................................

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

      (e) On appeal: ....................................................................................................................

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

      (f) If any post-conviction proceeding: ...........................................................................

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

      18.  Were you sentenced on more than one count of an indictment or information or on more than one indictment or information in the same court and at the same time? Yes .......... No ..........

      19.  Do you have any further sentence to serve after you complete the sentence imposed by the judgment under attack? Yes .......... No ..........

      (a) If so, give name and location of court which imposed sentence to be served in the future:   

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

      (b) Give date and length of sentence to be served in the future: ..............................

      (c) Have you filed, or do you contemplate filing any petition attacking the judgment which imposed the sentence to be served in the future? Yes .......... No ..........

      20.  If you are not filing the petition within 1 year after the final judgment of your conviction or of the final decision in your appeal, if any, state here good cause why not, and why the petition should be heard now:

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

      WHEREFORE, Petitioner prays that the court grant relief to which he may be entitled in this proceeding.

      Dated this ................ day of ........................., 19.....

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

                                                                                       Signature of petitioner

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

                                                                                                     Address

                                                                                .....................  State of Nevada )

 


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

ê1987 Statutes of Nevada, Page 1227 (Chapter 539, SB 286)ê

 

State of Nevada                       )

                                                    ) ss.

Carson City                              )

 

VERIFICATION

 

      Pursuant to NRS 15.010, under penalties of perjury, the undersigned declares that he is the petitioner, named in the foregoing petition and knows the contents thereof; that the pleading is true of his own knowledge, except as to those matters stated on information and belief, and that as to such matters he believes it to be true.

      Dated this ................ day of ........................., 19.....

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

                                                                                                       Signature of petitioner

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

                                                                                                      Signature of petitioner’s

                                                                                                             attorney (if any)

 

CERTIFICATE OF SERVICE BY MAIL

      I, ........................., hereby certify pursuant to N.R.C.P. 5(b), that on this .......... day of ........................., 19........, I mailed a true and correct copy of the foregoing PETITION FOR POST-CONVICTION RELIEF addressed to:

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

                 District Attorney

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

                         Address

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

 

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

                                                                                                       Signature of petitioner

      Sec. 31.  1.  The answer must state whether the petitioner has previously applied for relief from his conviction or sentence in any proceeding in a state or federal court, including a direct appeal or a petition for a writ of habeas corpus or other post-conviction relief. The answer must indicate what transcripts of pretrial, trial, sentencing and post-conviction proceedings are available, when these transcripts can be furnished and what proceedings have been recorded and not transcribed.

      2.  The respondent may attach to the answer any portions of the transcripts which he deems relevant or make reference to the transcripts filed in the action resulting in the conviction. The court on its own motion or upon request of the petitioner may order additional portions of existing transcripts to be furnished or certain portions of the proceedings which were not transcribed to be transcribed and furnished. If a transcript is neither available nor procurable, the court may require the submission of a narrative summary of the evidence.


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

ê1987 Statutes of Nevada, Page 1228 (Chapter 539, SB 286)ê

 

narrative summary of the evidence. If the transcripts are already a part of the record of the proceedings in the action resulting in the conviction in the same court, the court may order the transcripts from that action transferred to the proceeding for post-conviction relief.

      3.  If the petitioner appealed from the judgment of conviction or any adverse judgment or order in a prior petition for a writ of habeas corpus or post-conviction relief, a copy of the petitioner’s brief on appeal and any opinion of the appellate court must be filed by the respondent with the answer.

      Sec. 32.  1.  The Nevada Rules of Civil Procedure, to the extent that they are not inconsistent with NRS 177.315 to 177.385, inclusive, and sections 29 to 38, inclusive, of this act, apply to proceedings pursuant to NRS 177.315 to 177.385, inclusive, and sections 29 to 38, inclusive, of this act.

      2.  After a date has been set for a hearing, a party may invoke any method of discovery available under the Nevada Rules of Civil Procedure if, and to the extent that, the judge for good cause shown grants leave to do so. The judge shall appoint counsel to assist the petitioner if:

      (a) The assistance is necessary for the petitioner to use discovery effectively; and

      (b) The petitioner is eligible for appointment of counsel pursuant to NRS 177.345.

      3.  A request for discovery which is available under the Nevada Rules of Civil Procedure must be accompanied by a statement of the interrogatories or requests for admission and a list of any documents sought to be produced.

      Sec. 33.  1.  If an evidentiary hearing is required, the judge may direct that the record be expanded by the parties by the inclusion of additional materials relevant to the determination of the merits of the petition.

      2.  The expanded record may include, without limitation, letters which predate the filing of the petition in the district court, documents, exhibits and answers under oath to written interrogatories propounded by the judge. Affidavits may be submitted and considered as a part of the record.

      3.  In any case in which the record is expanded, copies of proposed letters, documents, exhibits and affidavits must be submitted to the party against whom they are to be offered, and he must be afforded an opportunity to admit or deny their correctness.

      4.  The court must require the authentication of any material submitted pursuant to subsection 2 or 3.

      Sec. 34.  1.  If a petitioner has been sentenced to death, the petition must include the date upon which execution is scheduled, if it has been scheduled. The petitioner is not entitled to an evidentiary hearing unless the court finds that:

      (a) Each issue of fact to be considered at the hearing has not been determined in any prior evidentiary hearing in a state or federal court; or

      (b) For each issue of fact which has been determined in a prior evidentiary hearing, the hearing was not a full and fair consideration of the issue.


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

ê1987 Statutes of Nevada, Page 1229 (Chapter 539, SB 286)ê

 

issue. The petition must specify all respects in which the hearing was inadequate.

      2.  If the petitioner was convicted in the same court or has previously filed a petition for relief or for a stay of the execution in the same court, the petition must be assigned to the judge who considered the previous matter.

      3.  The court shall inform the petitioner and his counsel that all claims which challenge the conviction or imposition of the sentence must be joined in a single petition and that any matter not included in the petition will not be considered in a subsequent proceeding.

      4.  If relief is granted or the execution is stayed, the clerk shall forthwith notify the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.

      5.  If a district judge conducts an evidentiary hearing, a transcript must be prepared immediately for the purpose of appellate review.

      6.  The judge who considers a petition filed by a petitioner who has been sentenced to death shall make all reasonable efforts to expedite the matter and shall render a decision within 60 days after submission of the matter for decision.

      Sec. 35.  After any determination on a petition for post-conviction relief, whether or not an evidentiary hearing was held, the court shall make specific findings of fact, expressly state its conclusions of law and set forth its judgment. A copy of any decision or order discharging the petitioner from the custody or restraint under which he is held, committing him to the custody of another person or denying the requested relief after a hearing must be served upon the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.

      Secs. 36-38.  (Deleted by amendment.)

      Sec. 39.  NRS 177.315 is hereby amended to read as follows:

      177.315  1.  Any person convicted of a crime and under sentence of death or imprisonment in the state prison who claims that the conviction was obtained, or that the sentence was imposed, in violation of the Constitution of the United States or the constitution of this state may, without paying a filing fee, apply for post-conviction relief from the conviction or sentence.

      2.  The remedy [herein] provided in this section is not a substitute for nor does it affect any remedies which are incident to the proceedings in the trial court, the remedy of direct review of the sentence or conviction or the writ of habeas corpus . [, except that if a writ of habeas corpus is used to attack a conviction or sentence, such remedy is not available.] It comprehends and takes the place of all other common law, statutory or other remedies which have heretofore been available for challenging the validity of the conviction or sentence, and [shall] must be used exclusively in place of them.

      3.  Unless there is good cause shown for delay, a proceeding under NRS 177.315 to 177.385, inclusive, [shall] and sections 29 to 38, inclusive, of this act, must be filed within 1 year [following] after entry of judgment of conviction or, if an appeal has been taken from such judgment, within 1 year [from] after the final decision upon or pursuant to the appeal.


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

ê1987 Statutes of Nevada, Page 1230 (Chapter 539, SB 286)ê

 

      4.  The execution of a sentence shall not be stayed for the period provided in subsection 3 simply because a petition for post-conviction relief may be filed within that period. A petition for post-conviction relief must actually be filed or the petitioner must show other reasons why a stay should be granted.

      Sec. 40.  NRS 177.325 is hereby amended to read as follows:

      177.325  The proceeding is commenced by filing with the clerk of the court in which the conviction took place a petition verified by the petitioner [with the clerk of the court in which the conviction took place.] or his counsel. If the petition is verified by counsel, he shall also verify that the petitioner personally authorized him to commence the action. The clerk shall [docket the petition upon its receipt and promptly bring it to the attention of the court and deliver] :

      1.  File the petition in the same case as the original action in which the challenged conviction was had;

      2.  Whenever possible, assign the petition to the original judge or court; and

      3.  Deliver a copy to the [district attorney.]original prosecutor.

      Sec. 41.  NRS 177.335 is hereby amended to read as follows:

      177.335  1.  The petition [shall identify] must:

      (a) Be titled “Petition for Post-conviction Relief” and be in substantially the form set forth in section 30 of this act;

      (b) Identify the proceedings in which the petitioner was convicted [, give] ; and

      (c) Give the date of the entry of the final judgment complained of and clearly state facts and set forth the respects in which the petitioner’s constitutional rights were violated.

      2.  Affidavits, records or other evidence supporting its allegations [shall] must be attached to the petition unless the petition recites why they are not attached. The petition [shall] must identify any previous state or federal court proceedings taken by the petitioner to secure relief from his conviction or sentence. Argument, citations and discussion of authorities are unnecessary.

      Sec. 42.  NRS 177.345 is hereby amended to read as follows:

      177.345  1.  The petition may allege that the petitioner is unable to pay the costs of the proceeding or to employ counsel. If the court is satisfied that the allegation of indigency is true, [it shall] the court may appoint counsel for him within 10 days [of] after the filing of the petition. In making its determination, the court may consider whether:

      (a) The issues presented by the petition are difficult;

      (b) The petitioner is unable to comprehend the proceedings; or

      (c) Counsel is necessary in order to proceed with discovery.

      2.  If inability to pay is determined, all necessary costs and expense incident to the proceedings in the trial court and in the reviewing court, including all court costs, stenographic services, printing and reasonable compensation for legal services, [shall] must be paid from funds appropriated to the office of state public defender, but after the appropriation for [such] that purpose is exhausted, [moneys shall] money must be allocated to the office of state public defender from the reserve for statutory contingency fund for the payment of [such] the costs, expenses and compensation.


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

ê1987 Statutes of Nevada, Page 1231 (Chapter 539, SB 286)ê

 

to the office of state public defender, but after the appropriation for [such] that purpose is exhausted, [moneys shall] money must be allocated to the office of state public defender from the reserve for statutory contingency fund for the payment of [such] the costs, expenses and compensation.

      Sec. 43.  NRS 177.355 is hereby amended to read as follows:

      177.355  1.  Within [50] 30 days after the filing of the petition the petitioner’s attorney, if any, may file a supplemental petition on behalf of the petitioner and shall notify the state whether [such] that petition is filed or not.

      2.  Within [40] 20 days after [such] that notification, if applicable, or within [90] 50 days after the filing of the petition, the state shall respond by answer or motion to dismiss.

      3.  The petitioner shall respond within 15 days after the filing by the state of a motion to dismiss.

      4.  No further pleadings may be filed except as the court orders.

      Sec. 44.  NRS 177.365 is hereby amended to read as follows:

      177.365  1.  The petition [shall] must be heard in, and, if reasonably available, before the same judge of, the court in which the conviction took place. A record of the proceedings [shall] must be made and kept. The court may hold an evidentiary hearing and receive proof by affidavits, depositions, oral testimony or other evidence . [and, if] If the petition presents a constitutional question of law, the court may order the petitioner brought before it for the hearing. If the petition presents a constitutional question of fact, the court shall order the petitioner brought before it for the hearing.

      2.  [Following a hearing on] If the court determines that the petitioner is not entitled to relief and an evidentiary hearing is not required, it shall dismiss the petition without a hearing. A copy of any decision or order dismissing the petition must be served on the respondent.

      3.  After any final decision regarding the petition, whether or not an evidentiary hearing was held, the court shall make specific findings of fact, expressly state its conclusions of law and set forth its judgment.

      [3.  If the court finds for the state on a motion to dismiss, a hearing is not necessary, and a short order form of judgment is sufficient.]

      Sec. 45.  NRS 177.375 is hereby amended to read as follows:

      177.375  1.  If the petitioner’s conviction was upon a plea of guilty, all claims for post-conviction relief are waived except the claim that the plea was involuntarily [entered.] or unknowingly entered or that the plea was entered without the effective assistance of counsel.

      2.  If the petitioner’s conviction was the result of a trial, all claims for post-conviction relief are waived which were or could have been:

      (a) Presented to the trial court;

      (b) Raised in a direct appeal or prior petition for post-conviction relief; or [raised]

      (c) Raised in any other proceeding that the petitioner has taken to secure relief from his conviction or sentence, unless the court finds both good cause [shown] for the failure to present [such claims.]


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

ê1987 Statutes of Nevada, Page 1232 (Chapter 539, SB 286)ê

 

unless the court finds both good cause [shown] for the failure to present [such claims.] the claims and actual prejudice to the petitioner.

      Sec. 46.  Chapter 178 of NRS is hereby amended by adding thereto the provisions set forth as sections 47, 48 and 49 of this act.

      Sec. 47.  A person who has filed a petition for post-conviction relief pursuant to chapter 34 or 177 of NRS:

      1.  Must not in any case be released on his own recognizance.

      2.  Must not be admitted to bail pending a review of his petition unless:

      (a) The petition is filed in the proper jurisdiction;

      (b) The petition presents substantial questions of law or fact and does not appear to be barred procedurally;

      (c) The petitioner has made out a clear case on the merits; and

      (d) There are exceptional circumstances deserving of special treatment in the interest of justice.

      Sec. 48.  If a district court denies a petition for post-conviction relief pursuant to chapter 34 or 177 of NRS, the petitioner must not be released on his own recognizance or admitted to bail pending any appeal. If the petition is granted and a stay of the order granting relief is not entered, the district court shall admit the petitioner to bail pending appeal if the respondent files a notice of appeal.

      Sec. 49.  1.  If the court admits a petitioner to bail pending review of his petition or pending appeal, any subsequent proceeding for forfeiture of the bail must take place in the proceeding on the petition.

      2.  Any subsequent proceeding for the recommitment of the defendant pursuant to NRS 178.532 may be initiated on behalf of the state in the proceeding on the petition or in the district court where the original conviction was had, if it was in a different court. If the proceeding occurs in the district court where the original conviction was had, that court must notify the court conducting the proceeding on the petition of any order for recommitment entered and subsequently enforced.

 

_______

 

 

CHAPTER 540, SB 31

Senate Bill No. 31–Committee on Human Resources and Facilities

CHAPTER 540

AN ACT relating to the University of Nevada System; requiring the board of regents to establish an ethics institute to study issues relating to standards of medical care and to medical ethics; prescribing the powers and duties of the board of regents on behalf of the institute; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.


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

ê1987 Statutes of Nevada, Page 1233 (Chapter 540, SB 31)ê

 

      Sec. 2.  The board of regents shall establish for educational research an ethics institute as an institution of the University of Nevada System to study questions and define standards regarding medical ethics.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  The ethics institute may:

      1.  Plan and arrange educational activities to provide for practical applications of ethical consensus in medical practice.

      2.  Act as a forum for persons to address issues of medical ethics.

      3.  Coordinate informed communication between providers of health care and persons who make public policy in matters of medical ethics.

      4.  Act as a clearinghouse of information for members of the medical profession, hospital administrators, persons who make public policy and the public on matters of medical ethics.

      Sec. 5.  The board of regents, on behalf of the ethics institute, may:

      1.  Enter into contracts with persons or governmental agencies who wish to use the services or facilities of the ethics institute.

      2.  Accept gifts or grants of money or property.

      3.  Receive and hold any real or personal property, including patents, copyrights, royalties and contracts.

      4.  Manage, invest, use and dispose of any property received, either as specified by the donor or for the furtherance of the objectives of the ethics institute.

      Sec. 6.  1.  The board of regents may establish policies and procedures for personnel in connection with the operation of contractual or sponsored activities of the ethics institute, apart from those policies and procedures which are established for the professional personnel of other institutions of the university.

      2.  In establishing such policies and procedures, the board of regents is not bound by any of the other provisions of this chapter or the provisions of Title 23 of NRS, and none of those provisions are applicable to any person employed in connection with the operation of contractual or sponsored activities of the institute except as may be prescribed by the board of regents.

      Sec. 7.  Any money received by the board of regents on behalf of the ethics institute pursuant to section 5 of this act, may be deposited by the board of regents to the credit of the ethics institute in any federally insured financial institution in the State of Nevada. The board of regents may act through any authorized agent in depositing or withdrawing any money in such an account.

      Sec. 8.  1.  The board of regents shall establish fiscal policies and procedures in connection with the operation of contractual or sponsored activities of the ethics institute, apart from those fiscal policies and procedures which are applicable to other institution of the university.

      2.  None of the other provisions of this chapter or the provisions of Title 23 or 31 of NRS or any other statute relating to public officers and employees or public financial administration applies to the receipt, investment, management, disbursement, use, expenditure or accounting for any money or property received by the board of regents pursuant to section 5 of this act.


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

ê1987 Statutes of Nevada, Page 1234 (Chapter 540, SB 31)ê

 

investment, management, disbursement, use, expenditure or accounting for any money or property received by the board of regents pursuant to section 5 of this act.

      3.  Any money received by or made available to the board of regents for the ethics institute is subject to all laws relating to public money and expenditures.

      Sec. 9.  The board of regents shall not establish an ethics institute pursuant to section 2 of this act until it has received sufficient money or property, or both, to operate the institute.

 

_______

 

 

CHAPTER 541, AB 746

Assembly Bill No. 746–Committee on Judiciary

CHAPTER 541

AN ACT relating to gaming; revising certain provisions governing the computation of the gross revenue of gaming licensees; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.371 is hereby amended to read as follows:

      463.371  1.  For the purposes of this chapter, except as provided in subsection 3, the computation of gross revenue must include the face value of any credit instrument accepted on or after July 1, 1981, if, within 5 years after the last day of the month following the calendar quarter within which the instrument was accepted by the licensee, the board determines that:

      (a) The instrument was not signed by the patron or otherwise acknowledged by him in a written form satisfactory to the board;

      (b) The licensee did not have an address for the patron at the time of accepting the instrument, or, in lieu of that address, has not provided the board, within a reasonable time after its request, the current address of the patron to whom the credit was extended;

      (c) The licensee has not provided the board any evidence that the licensee made a reasonable effort to collect the debt;

      (d) The licensee has not provided the board any evidence that the licensee checked the credit history of the patron before extending the credit to him;

      (e) The licensee has not produced the instrument within a reasonable time after a request by the board for the instrument unless it:

             (1) Is in the possession of a court, governmental agency or financial institution;

             (2) Has been returned to the patron upon his partial payment of the instrument;


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

ê1987 Statutes of Nevada, Page 1235 (Chapter 541, AB 746)ê

 

             (3) Has been stolen and the licensee has made a written report of the theft to the appropriate law enforcement agency; or

             (4) Cannot be produced because of any other circumstance which is beyond the licensee’s control;

      (f) The signature of the patron on the instrument was forged and the licensee has not made a written report of the forgery to the appropriate law enforcement agency; or

      (g) Upon an audit by the board, the licensee requested the auditors not to confirm the unpaid balance of the debt with the patron and there is no other satisfactory means of confirmation.

      2.  For the purposes of this chapter, the computation of gross revenue must not include cash or its equivalent which is received in full or partial payment of a debt previously included in the computation of gross revenue pursuant to subsection 1.

      3.  Subsection 1 does not apply to any credit instrument which is settled for less than its face amount to:

      (a) Induce a partial payment;

      (b) Compromise a dispute; [or]

      (c) Retain a patron’s business for the future [.] ; or

      (d) Obtain a patron’s business if:

             (1) An agreement is entered into to discount the face amount of a credit instrument before it is issued to induce timely payment of the credit instrument; and

             (2) The percentage of discount of the instrument is reasonable as compared to the prevailing practice in the industry.

      Sec. 2.  Section 1 of chapter 175, Statutes of Nevada 1987, is hereby amended to read as follows:

       Section 1.  NRS 463.371 is hereby amended to read as follows:

       463.371  1.  For the purposes of this chapter, except as otherwise provided in subsection 3, the computation of gross revenue must include the face value of any credit instrument accepted on or after July 1, 1981, if, within 5 years after the last day of the month following the [calendar quarter within] month in which the instrument was accepted by the licensee, the board determines that:

       (a) The instrument was not signed by the patron or otherwise acknowledged by him in a written form satisfactory to the board;

       (b) The licensee did not have an address for the patron at the time of accepting the instrument, or, in lieu of that address, has not provided the board, within a reasonable time after its request, the current address of the patron to whom the credit was extended;

       (c) The licensee has not provided the board any evidence that the licensee made a reasonable effort to collect the debt;

       (d) The licensee has not provided the board any evidence that the licensee checked the credit history of the patron before extending the credit to him;

       (e) The licensee has not produced the instrument within a reasonable time after a request by the board for the instrument unless it:


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

ê1987 Statutes of Nevada, Page 1236 (Chapter 541, AB 746)ê

 

             (1) Is in the possession of a court, governmental agency or financial institution;

             (2) Has been returned to the patron upon his partial payment of the instrument;

             (3) Has been stolen and the licensee has made a written report of the theft to the appropriate law enforcement agency; or

             (4) Cannot be produced because of any other circumstance which is beyond the licensee’s control;

       (f) The signature of the patron on the instrument was forged and the licensee has not made a written report of the forgery to the appropriate law enforcement agency; or

       (g) Upon an audit by the board, the licensee requested the auditors not to confirm the unpaid balance of the debt with the patron and there is no other satisfactory means of confirmation.

       2.  For the purposes of this chapter, the computation of gross revenue must not include cash or its equivalent which is received in full or partial payment of a debt previously included in the computation of gross revenue pursuant to subsection 1.

       3.  Subsection 1 does not apply to any credit instrument which is settled for less than its face amount to:

       (a) Induce a partial payment;

       (b) Compromise a dispute;

       (c) Retain a patron’s business for the future; or

       (d) Obtain a patron’s business if:

             (1) An agreement is entered into to discount the face amount of a credit instrument before it is issued to induce timely payment of the credit instrument; and

             (2) The percentage of discount of the instrument is reasonable as compared to the prevailing practice in the industry.

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

 

_______

 

 

CHAPTER 542, AB 438

Assembly Bill No. 438–Committee on Commerce

CHAPTER 542

AN ACT relating to naturopathy; repealing the provisions regulating it as a healing art; and providing other matters properly relating thereto.

 

[Approved June 15, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 633A.010, 633A.020, 633A.030, 633A.040, 633A.050, 633A.060, 633A.070, 633A.080, 633A.090, 633A.100, 633A.110, 633A.120, 633A.130, 633A.140, 633A.150, 633A.160, 633A.170, 633A.180, 633A.190, 633A.200, 633A.210, 633A.220, 633A.230, 633A.240, 633A.250, 633A.260, 633A.270, 633A.280, 633A.290, 633A.300, 633A.310, 633A.320, 633A.330, 633A.340, 633A.350, 633A.360, 633A.370, 633A.380, 633A.390, 633A.400, 633A.410, 633A.420, 633A.430, 633A.440, 633A.450, 633A.460, 633A.470, 633A.480, 633A.490 and 633A.500 are hereby repealed.


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

ê1987 Statutes of Nevada, Page 1237 (Chapter 542, AB 438)ê

 

633A.120, 633A.130, 633A.140, 633A.150, 633A.160, 633A.170, 633A.180, 633A.190, 633A.200, 633A.210, 633A.220, 633A.230, 633A.240, 633A.250, 633A.260, 633A.270, 633A.280, 633A.290, 633A.300, 633A.310, 633A.320, 633A.330, 633A.340, 633A.350, 633A.360, 633A.370, 633A.380, 633A.390, 633A.400, 633A.410, 633A.420, 633A.430, 633A.440, 633A.450, 633A.460, 633A.470, 633A.480, 633A.490 and 633A.500 are hereby repealed.

      Sec. 2.  Any license issued by the board of naturopathic healing before July 1, 1987, expires on July 1, 1987.

      Sec. 3.  The terms of the members of the board of naturopathic healing who were appointed before July 1, 1987, expire on July 1, 1987.

      Sec. 4.  The balance of any money received by the board of naturopathic healing remaining after all of the outstanding obligations of the board have been discharged must be deposited in the state treasury to the credit of the state general fund.

 

_______

 

 

CHAPTER 543, AB 321

Assembly Bill No. 321–Assemblymen Myrna Williams, Nevin, Porter, Kerns, Gaston, Carpenter, Freeman, Wisdom, May, Marvel, Spinello, Sedway, Thomas, Getto, Lambert, Adler, Garner, Haller, Brookman, Evans, Bergevin, DuBois, Arberry, Kissam, Craddock, Triggs, Humke, McGaughey, Nicholas and Sader

CHAPTER 543

AN ACT relating to traffic laws; requiring a person with a prior conviction of driving while intoxicated to submit to a blood test under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.383 is hereby amended to read as follows:

      484.383  1.  Except as provided in subsections 4 and 5, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or the presence of a controlled substance when such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.

      2.  The person to be tested must be informed that his failure to submit to the test will result in the revocation of his privilege to drive a vehicle.

      3.  Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not the person is informed that his failure to submit to the test will result in the revocation of his privilege to drive a vehicle.


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

ê1987 Statutes of Nevada, Page 1238 (Chapter 543, AB 321)ê

 

rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not the person is informed that his failure to submit to the test will result in the revocation of his privilege to drive a vehicle.

      4.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but may be required to submit to a breath or urine test.

      5.  [Where] If the alcoholic content of the blood of the person to be tested is in issue, he may refuse to submit to a blood test if means are reasonably available to perform a breath test. If the person requests a blood test and the means are reasonably available to perform a breath test, and he is subsequently convicted, he must pay for the cost of the substituted test, including the fees and expenses of witnesses in court.

      6.  [Where] If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test. The officer shall inform him that his failure to submit to either or both of the blood and urine tests, as required, will result in the revocation of his privilege to drive a vehicle. A failure to submit to either or both of these tests constitutes a failure to submit to one test under this section.

      7.  Except as provided in subsections 4 and 6, a police officer shall not direct a person to submit to a urine test.

      8.  If a person to be tested fails to submit to a required test as directed by a police officer under this section, none may be given, except that if the officer has reasonable cause to believe that the person to be tested was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or a controlled substance , and [thereby] that the person:

      (a) Thereby caused death or substantial bodily harm to another [,] ; or

      (b) Has been convicted of a violation of NRS 484.379 within the previous 7 years,

the officer may direct that reasonable force be used to the extent necessary to obtain a sample of blood from the person to be tested.

 

_______


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

ê1987 Statutes of Nevada, Page 1239ê

 

CHAPTER 544, SB 404

Senate Bill No. 404–Senators Wagner and Townsend

CHAPTER 544

AN ACT relating to unlawful detainer; providing a procedure for an evicted tenant to dispute the amount charged by the landlord for the inventory, moving and storage of personal property left on the premises; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      40.253  1.  Except as otherwise provided in subsection [4,] 6, in addition to the remedy provided in NRS 40.2512 and in NRS 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home or commercial premises with periodic rent reserved by the month or any shorter period, is in default in payment of the rent, the landlord or his agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises at or before noon of the fifth full day following the day of service. The notice must advise the tenant of his right to contest the matter by filing, within 5 days, an affidavit with the justice of the peace that he has tendered payment or is not in default in the payment of the rent. If the tenant timely files the affidavit stating that he has either tendered payment of or paid the rent, the landlord or his agent, after receipt of a file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or otherwise.

      2.  Upon noncompliance with the notice:

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

             (1) The date the tenancy commenced.

             (2) The amount of periodic rent reserved.

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

             (4) The date the rental payments became delinquent.

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

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

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

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

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


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

ê1987 Statutes of Nevada, Page 1240 (Chapter 544, SB 404)ê

 

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

      3.  Upon the filing by the tenant of the affidavit permitted in subsection 1 and the filing by the landlord of the affidavit required by subsection 2, the justice of the peace shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If the justice of the peace determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the justice of the peace may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant pursuant to subsection 2. If the justice of the peace determines that there is a legal defense as to the alleged unlawful detainer, he shall refuse to grant either party any relief, and shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of the tenant does not preclude an action by the tenant for any damages or other relief to which he may be entitled.

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

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

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

whichever is later.

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

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

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

      6.  This section does not apply to the tenant of a mobile home lot in a mobile home park.

      Sec. 2.  NRS 118A.460 is hereby amended to read as follows:

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

 


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

ê1987 Statutes of Nevada, Page 1241 (Chapter 544, SB 404)ê

 

the tenant without incurring civil or criminal liability in the following manner:

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

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

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

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

 

_______

 

 

CHAPTER 545, SB 26

Senate Bill No. 26–Committee on Human Resources and Facilities

CHAPTER 545

AN ACT relating to indigent persons; making various changes in the program for medical assistance to indigent persons; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 428.050 is hereby amended to read as follows:

      428.050  1.  In addition to the tax levied pursuant to NRS 428.285, the board of county commissioners of a county shall, at the time provided for the adoption of its final budget, levy an ad valorem tax for the purposes of providing aid and relief to those persons coming within the purview of this chapter. [This] In a county whose population is 250,000 or more, this levy must not exceed that adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, diminished by 11 cents for each $100 of assessed valuation. In a county whose population is less than 250,000 the rate of the tax must be calculated to produce not more than the amount of money allocated pursuant to NRS 428.295.


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

ê1987 Statutes of Nevada, Page 1242 (Chapter 545, SB 26)ê

 

tax must be calculated to produce not more than the amount of money allocated pursuant to NRS 428.295.

      2.  No county may expend or contract to expend for that aid and relief a sum in excess of that provided by the maximum ad valorem levy set forth in subsection 1 and NRS 428.285, together with such outside resources as it may receive from third persons, including , but not limited to, expense reimbursements, grants-in-aid or donations lawfully attributable to the county indigent fund.

      3.  [No] Except as otherwise provided in this subsection, no interfund transfer, short-term financing procedure or contingency transfer may be made by the board of county commissioners for the purpose of providing resources or appropriations to a county indigent fund in excess of those which may be otherwise lawfully provided pursuant to subsections 1 and 2 and NRS 428.265, 428.275 and 428.285. If the health of indigent persons in the county is placed in jeopardy and there is a lack of money to provide necessary medical care under this chapter, the board of county commissioners may declare an emergency and provide additional money for medical care from whatever sources may be available.

      Sec. 2.  NRS 428.295 is hereby amended to read as follows:

      428.295  1.  For each fiscal year [beginning on or after July 1, 1985,] the board of county commissioners shall, in the preparation of its final budget, allocate money for medical assistance to indigents pursuant to [NRS 428.090.] this chapter. The amount allocated must be calculated by multiplying the amount allocated for that purpose for the previous fiscal year by 104.5 percent.

      2.  When, during any fiscal year, the amount of money expended by the county [to provide assistance to] for any program of medical assistance for those persons eligible pursuant to [NRS 428.090,] this chapter exceeds the amount allocated for that purpose in its budget, the board of county commissioners [may,] shall, to the extent that money is available in the fund, pay claims against the county from the fund for that purpose.

      Sec. 3.  NRS 428.335 is hereby amended to read as follows:

      428.335  1.  If during any fiscal year the amount of money expended by a county to provide assistance to those persons eligible pursuant to [NRS 428.090] this chapter exceeds the amount available to a county under the provisions of subsections 1 and 2 of NRS 428.295, the board of county commissioners may apply to the board of trustees of the fund for hospital care to indigent persons for reimbursement or partial reimbursement of unpaid charges for hospital care in excess of $25,000 to any one person which have been incurred by a person certified as indigent by the board of county commissioners pursuant to [NRS 428.090] this chapter.

      2.  The board of county commissioners must certify that each person on whose account application is made is indigent and the county has expended 90 percent of the amount of money available to that county pursuant to subsections 1 and 2 of NRS 428.295.


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

ê1987 Statutes of Nevada, Page 1243 (Chapter 545, SB 26)ê

 

subsections 1 and 2 of NRS 428.295. The application must be in such form and contain such information as the board of trustees requires.

 

_______

 

 

CHAPTER 546, SB 527

Senate Bill No. 527–Committee on Commerce and Labor

CHAPTER 546

AN ACT relating to thrift companies; expanding the authority of thrift companies; authorizing them, with the approval of the administrator of financial institutions, to exercise the powers of banks; authorizing certain deposits; increasing the limits on loans to individual obligors; expanding their authority for investments; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 677 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  A licensee may, with the approval of the administrator, exercise any authority, right, power and privilege, and perform any act and enjoy the same immunities as banks licensed pursuant to chapter 659 of NRS.

      Sec. 3.  1.  A deposit may be made with a licensee by any administrator, executor or guardian of an estate, a trustee or other fiduciary in trust for a named beneficiary or beneficiaries.

      2.  The fiduciary may make additional deposits and withdraw the deposit, in whole or in part.

      3.  The withdrawal value of the deposit and the interest thereon, or other rights relating to the deposit, may be paid or delivered to the fiduciary, and the payment or delivery to the fiduciary or a receipt or acquittance signed by the fiduciary to whom any payment or delivery of rights is made, is a valid and sufficient release and discharge of the licensee for the payment or delivery so made.

      Sec. 4.  1.  If a person who has made a deposit as a trustee or other fiduciary, in trust for a named beneficiary or beneficiaries, dies and no written notice of the revocation or termination of the trust relationship has been given to the licensee, the withdrawal value of the deposit and the interest thereon or other right relating to the deposit may, at the option of the licensee, be paid or delivered, in whole or in part, to the named beneficiary or beneficiaries of the trust.

      2.  The payment or delivery to the beneficiary or beneficiaries is a release and discharge of the licensee for the payment or delivery of the deposit.

      Sec. 5.  1.  If a deposit is made with a licensee by a minor, the licensee may pay to the depositor such sums as may be due him, and the receipt of the minor to the licensee is valid.


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

ê1987 Statutes of Nevada, Page 1244 (Chapter 546, SB 527)ê

 

      2.  A licensee may operate a deposit account in the name of a minor or in the name of two or more persons one or more of whom are minors with the same effect upon its liability as if the minors were of lawful age.

      Sec. 6.  NRS 677.075 is hereby amended to read as follows:

      677.075  1.  “Deposit” means that part of the liability of a licensee [for savings] which is credited to the account of a depositor.

      2.  The term includes a time deposit evidenced by a certificate of deposit, but does not include an obligation evidenced by a thrift certificate.

      Sec. 7.  NRS 677.610 is hereby amended to read as follows:

      677.610  A licensee shall not invest any of its [funds,] money, except:

      1.  As authorized in this chapter;

      2.  In legal investments for banks or savings associations; or

      3.  To the extent of 5 percent or less of its total assets, in preferred stock of corporations which have been given a rating of “A” or better by a national rating service and which are not in default in the payment of dividends.

      Sec. 8.  NRS 677.630 is hereby amended to read as follows:

      677.630  1.  A licensee may purchase, hold, develop and convey real property, including apartments and other buildings, for the following purposes only:

      (a) Real property conveyed to it in satisfaction of debts contracted in the course of its business.

      (b) Real property purchased at sale under judgments, decrees or mortgage foreclosures or foreclosures of or trustees’ sales under deeds of trust under securities held by it. A licensee shall not bid against its debtor at any such sale in a larger amount than is necessary to satisfy its debt and costs.

      (c) Real property necessary as premises for the transaction of its business. A licensee shall not invest directly or indirectly an amount exceeding one-third of its paid-up capital and surplus in the lot and building in which the business of the company is carried on, furniture and fixtures, and vaults, necessary and proper to carry on its business.

      (d) Real property purchased or held for the purpose of development. An investment for this purpose must not exceed the market value of the property as evidenced by an appraisal prepared within 120 days before the investment by a member of the American Institute of Real Estate Appraisers, the Society of Real Estate Appraisers or the Independent Fee Appraisers Society, or by an appraiser approved by the administrator. Before the investment is made:

             (1) The licensee shall provide the administrator with a certified copy of one or more appraisal reports and a report from a title insurer which shows the chain of title and the amount of consideration for which the title was transferred, if that information is available, for at least 3 years.

             (2) The administrator may require a statement from the licensee disclosing whether [or not] any director, officer or employee of the licensee has, or has had within the last 3 years, any direct or indirect interest in the property. For the purposes of this [paragraph,] subparagraph, “interest” includes ownership of stock in a corporation which has an interest in the property.


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

ê1987 Statutes of Nevada, Page 1245 (Chapter 546, SB 527)ê

 

includes ownership of stock in a corporation which has an interest in the property.

If the total amount to be invested in real property for residential development [is more than 3] exceeds its capital accounts or 10 percent of the total deposits of the licensee, whichever is less, the investment may not be made without the written approval of the administrator. Any person who fails to make a disclosure required by this section is guilty of a misdemeanor.

      2.  No real estate acquired pursuant to paragraph (a) or (b) of subsection 1 may be held for a longer period than 5 years unless it has been improved by the licensee and is producing a fair income based upon the appraised value.

      Sec. 9.  NRS 677.770 is hereby amended to read as follows:

      677.770  1.  A licensee shall not make an unsecured loan of more than one-tenth of 1 percent of its total assets or make such loans that are in the aggregate more than 5 percent of its total assets.

      2.  Secured loans or obligations of any one person as primary obligor made or held by a licensee may not, in any event exceed in the aggregate [15] 25 percent of the capital and surplus of the licensee. Loans secured by deposits with the licensee must not be included in applying this limitation.

      Sec. 10.  NRS 677.790 is hereby amended to read as follows:

      677.790  Except as provided in NRS 677.770, a licensee may:

      1.  Make loans secured by, and purchase, sell or discount in any amount:

      (a) Bona fide trust receipts;

      (b) Secured choses in action;

      (c) Chattel mortgages;

      (d) Conditional sales contracts;

      (e) Security agreements;

      (f) Leases;

      (g) Lien contracts; and

      (h) Deeds of trust.

      2.  Accept deposits , including deposits payable on demand and time deposits, and issue certificates of deposit.

      3.  Enter into leases and purchase equipment for those leases.

 

_______


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

ê1987 Statutes of Nevada, Page 1246ê

 

CHAPTER 547, AB 421

Assembly Bill No. 421–Committee on Education

CHAPTER 547

AN ACT relating to educational personnel; removing the presumption of just cause for dismissal; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 391.31963 is hereby amended to read as follows:

      391.31963  1.  Any probationary employee hired after June 30, 1985, and any teacher or administrator who becomes a postprobationary employee after June 30, 1985, is subject to the following provisions:

      (a) A postprobationary employee is employed by contract for 3 years.

      (b) The performance of each postprobationary employee must be evaluated each year against the factors set forth in subsection 1 of NRS 391.312.

      (c) For each year that a postprobationary employee receives an over-all satisfactory evaluation, his 3-year contract must be automatically extended for an additional year.

      (d) A postprobationary employee who receives an over-all unsatisfactory evaluation may have the time remaining under his contract to take the steps necessary to correct any deficiencies noted in his evaluation. If this employee corrects these deficiencies and receives a satisfactory evaluation, his contract must be automatically extended for an additional year. If the employee receives an over-all satisfactory evaluation for the 2 next consecutive years after receiving the unsatisfactory evaluation, he must again be employed by contract for 3 years. If the employee does not receive an over-all satisfactory evaluation before his contract expires, he has no right to reemployment and his service may be terminated according to the procedures set forth in NRS 391.315 to 391.3194, inclusive. If the superintendent offers proof at the hearing that the employee has been evaluated pursuant to this subsection and has received over-all unsatisfactory evaluations for 3 different years within the immediately preceding 5 or fewer years, [it must be presumed that the termination of his employment was justified. The employee may offer proof to rebut the presumption. If just cause is found,] his employment may be terminated [.] if just cause is found.

      (e) A postprobationary employee may be suspended, dismissed, demoted or not reemployed before his contract expires for any of the grounds contained in subsection 1 of NRS 391.312 according to the procedures provided in NRS 391.3127 to 391.3194, inclusive.

      2.  An employee who receives an over-all unsatisfactory evaluation may request a supplemental evaluation for the next year which is conducted by another administrator in the school district selected by him and the superintendent. If the employee requests a supplemental evaluation during any series of consecutive unsatisfactory evaluations, the evaluation must be conducted by the same evaluator, if he is available.


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

ê1987 Statutes of Nevada, Page 1247 (Chapter 547, AB 421)ê

 

any series of consecutive unsatisfactory evaluations, the evaluation must be conducted by the same evaluator, if he is available. If a school district has five or fewer administrators, the supplemental evaluator may be an administrator from another school district in the state.

      3.  Any teacher or administrator who became a postprobationary employee on or before June 30, 1985, may contract as a postprobationary employee hired after that date under the provisions of this section.

 

_______

 

 

CHAPTER 548, SB 130

Senate Bill No. 130–Committee on Commerce and Labor

CHAPTER 548

AN ACT relating to funeral services; revising the provisions governing cemeteries and contracts for the sale of services and merchandise in connection with funerals and burials; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 680B.010 is hereby amended to read as follows:

      680B.010  The commissioner shall collect in advance and receipt for, and persons so served must pay to the commissioner, fees and miscellaneous charges as follows:

      1.  Insurer’s certificate of authority:

      (a) Filing initial application and making related examination........................         $500

      (b) Issuance of certificate, and each annual continuation:

             (1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive        250

             (2) For two or more kinds of insurance as so defined.............................           500

             (3) For a reinsurer..........................................................................................           250

      (c) Reinstatement pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.

      (d) Registration of additional title pursuant to NRS 680A.240.....................             50

                   Annual renewal........................................................................................             25

      2.  Charter documents, other than those filed with application for certificate of authority. Filing amendments to articles of incorporation, charter, bylaws, power of attorney and other constituent documents of the insurer, each document........................................           $10

      3.  Annual statement or report. For filing annual statement or report.......           $25

      4.  Service of process:

      (a) Filing of power of attorney..........................................................................             $5

      (b) Acceptance of service of process..............................................................               5


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ê1987 Statutes of Nevada, Page 1248 (Chapter 548, SB 130)ê

 

      5.  Agents’ licenses, appointments and renewals:

      (a) Resident agents and nonresident agents qualifying under subsection 3 of NRS 683A.340:

             (1) Application and license.........................................................................           $45

             (2) Appointment by each insurer...............................................................               5

             (3) Triennial renewal of each license..........................................................             45

             (4) Temporary license...................................................................................             10

      (b) Other nonresident agents:

             (1) Application and license.........................................................................           105

             (2) Appointment by each insurer...............................................................             25

             (3) Triennial renewal of each license..........................................................           105

      6.  Brokers’ licenses and renewals:

      (a) Resident brokers and nonresident brokers qualifying under subsection 4 of NRS 683A.340:

             (1) Application and license.........................................................................           $45

             (2) Triennial renewal of each license..........................................................             45

      (b) Other nonresident brokers:

             (1) Application and license.........................................................................           225

             (2) Triennial renewal of each license..........................................................           225

      (c) Surplus lines brokers:

             (1) Application and license.........................................................................             45

             (2) Triennial renewal of each license..........................................................             45

      7.  Solicitors’ licenses, appointments and renewals:

      (a) Application and license................................................................................           $45

      (b) Triennial renewal of each license................................................................             45

      (c) Initial appointment........................................................................................               5

      8.  Managing general agents’ licenses, appointments and renewals:

      (a) Resident managing general agents:

             (1) Application and license.........................................................................           $45

             (2) Initial appointment, each insurer..........................................................               5

             (3) Triennial renewal of each license..........................................................             45

      (b) Nonresident managing general agents:

             (1) Application and license.........................................................................           105

             (2) Initial appointment, each insurer..........................................................             25

             (3) Triennial renewal of each license..........................................................           105

      9.  Adjusters’ licenses and renewals:

      (a) Independent and public adjusters:

             (1) Application and license.........................................................................           $45

             (2) Triennial renewal of each license..........................................................             45

      (b) Associate adjusters:

             (1) Application and license.........................................................................             45

             (2) Initial appointment..................................................................................               5

             (3) Triennial renewal of each license..........................................................             45

      10.  Licenses and renewals for appraisers of physical damage to motor vehicles:


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ê1987 Statutes of Nevada, Page 1249 (Chapter 548, SB 130)ê

 

      (a) Application and license................................................................................           $45

      (b) Triennial renewal of each license................................................................             45

      11.  Additional title and property insurers pursuant to NRS 680A.240:

      (a) Original registration......................................................................................           $25

      (b) Annual renewal.............................................................................................             25

      12.  Insurance vending machines:

      (a) Application and license, for each machine................................................           $45

      (b) Triennial renewal of each license................................................................             45

      13.  Permit for solicitation for securities:

      (a) Application for permit...................................................................................         $100

      (b) Extension of permit.......................................................................................             50

      14.  Securities salesmen for domestic insurers:

      (a) Application and license................................................................................           $25

      (b) Annual renewal of license...........................................................................             15

      15.  Rating organizations:

      (a) Application and license................................................................................         $100

      (b) Annual renewal.............................................................................................           100

      16.  Certificates and renewals for administrators licensed pursuant to chapter 683A of NRS:

      (a) Resident administrators:

             (1) Application and certificate of registration..........................................           $45

             (2) Triennial renewal.....................................................................................             45

      (b) Nonresident administrators:

             (1) Application and certificate of registration..........................................           105

             (2) Triennial renewal.....................................................................................           105

      17.  For copies of the insurance laws of Nevada, a fee which is not less than the cost of producing the copies.

      18.  Certified copies of certificates of authority and licenses issued pursuant to the insurance code............................................................................................................           $10

      19.  For copies and amendments of documents on file in the division, a reasonable charge fixed by the commissioner, including charges for duplicating or amending the forms and for certifying the copies and affixing the official seal.

      20.  Letter of clearance for an agent or broker...............................................             $5

      21.  Certificate of status as a licensed agent or broker.................................             $5

      22.  Licenses, appointments and renewals for bail agents:

      (a) Application and license................................................................................           $45

      (b) Initial appointment by each surety insurer...............................................               5

      (c) Triennial renewal of each license................................................................             45

      23.  Licenses and renewals for property bondsmen:

      (a) Application and license................................................................................           $45

      (b) Triennial renewal of each license................................................................             45

      24.  Licenses, appointments and renewals for general bail agents:

      (a) Application and license................................................................................           $45

      (b) Initial appointment by each insurer............................................................               5


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ê1987 Statutes of Nevada, Page 1250 (Chapter 548, SB 130)ê

 

      (c) Triennial renewal of each license................................................................             45

      25.  Licenses and renewals for bail solicitors:

      (a) Application and license................................................................................           $45

      (b) Triennial renewal of each license................................................................             45

      26.  Licenses and renewals for title agents and escrow officers:

      (a) Resident title agents and escrow officers:

             (1) Application and license.........................................................................           $45

             (2) Triennial renewal of each license..........................................................             45

      (b) Nonresident title agents and escrow officers:

            (1) Application and license.........................................................................           105

             (2) Triennial renewal of each license..........................................................           105

      (c) Change in name or location of business or in association.....................             10

      27.  Certificate of authority and renewal for a seller of prepaid funeral contracts [, for issuance and each annual renewal].........................................................................           $45

      28.  Licenses and renewals for agents for prepaid funeral contracts:

      (a) Resident agents:

             (1) Application and license.........................................................................           $45

             (2) Triennial renewal of each license..........................................................             45

      (b) Nonresident agents:

             (1) Application and license.........................................................................           105

             (2) Triennial renewal of each license..........................................................           105

      29.  Licenses, appointments and renewals for agents for fraternal benefit societies:

      (a) Resident agents:

             (1) Application and license.........................................................................           $45

             (2) Appointment............................................................................................               5

             (3) Triennial renewal of each license..........................................................             45

      (b) Nonresident agents:

             (1) Application and license.........................................................................           105

             (2) Triennial renewal of each license..........................................................           105

      30.  Surplus lines:

      (a) Filing of affidavit pursuant to NRS 685A.050...........................................           $25

      (b) Filing of memorandum pursuant to NRS 685A.060..................................             25

      (c) Filing of amendment to the memorandum when additional premium is reported        10

      31.  [Cemetery merchandise sellers and cemetery merchandise agents:] Agents for and sellers of prepaid burial contracts:

      (a) Resident agents and sellers:

             (1) Application and certificate or license..................................................           $45

             (2) Triennial renewal.....................................................................................             45

      (b) Nonresident agents and sellers:

             (1) Application and certificate or license..................................................           105

             (2) Triennial renewal.....................................................................................           105

      32.  Required filing of forms:


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ê1987 Statutes of Nevada, Page 1251 (Chapter 548, SB 130)ê

 

      (a) For rates and policies....................................................................................           $25

      (b) For riders and endorsements.......................................................................             10

      Sec. 2.  Chapter 689 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 34, inclusive, of this act.

      Sec. 3.  As used in NRS 689.155 to 689.375, inclusive, unless the context otherwise requires:

      1.  “Funeral service or services” means those services performed normally by funeral directors or funeral or mortuary parlors and includes their sales of supplies and equipment for burial. “Funeral service or services” does not include services performed by a cemetery or the sale by a cemetery of services, interests in land, markers, memorials, monuments or merchandise and equipment in relation to the cemetery or the sale of crypts or niches constructed or to be constructed in a mausoleum or columbarium or otherwise on the property of a cemetery.

      2.  “Performer” means any person designated in a prepaid contract to furnish the funeral services, supplies and equipment covered by the contract on the demise of the beneficiary.

      3.  “Prepaid contract” means any contract under which, for a specified consideration paid in advance in a lump sum or by installments, a person promises either before or upon the death of a beneficiary named in or otherwise ascertainable from the contract to furnish funeral services and merchandise. “Prepaid contract” does not include a contract of insurance or any instrument in writing whereby any charitable, religious, benevolent or fraternal benefit society, corporation, association, institution or organization, not having for its object or purpose pecuniary profit, promises or agrees to embalm, inter or otherwise dispose of the remains of any person, or to procure or pay the expenses, or any part thereof, of embalming, interring or otherwise disposing of the remains of any person.

      Sec. 4.  As used in sections 5 to 33, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 9, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 5.  “Burial merchandise” means those items normally supplied by a cemetery authority under a preneed sales agreement, including urns, memorials, scrolls, vases, foundations, bases and other similar merchandise, but does not include the sale of space for interment, entombment or inurnment.

      Sec. 6.  “Burial services” means those services normally performed by a cemetery authority under a preneed sales agreement for the opening and closing of graves, crypts and niches, and other services in relation thereto.

      Sec. 7.  “Cemetery authority” means any natural person, partnership, corporation, association or cemetery district owning or controlling lands or property for a cemetery and engaged in the operation of a cemetery in this state.

      Sec. 8.  “Performer” means any person designated in the prepaid contract to furnish the burial merchandise and supplies and to perform the services covered by the contract, on the demise of the beneficiary.


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ê1987 Statutes of Nevada, Page 1252 (Chapter 548, SB 130)ê

 

      Sec. 9.  1.  “Prepaid contract” means any contract under which, for a specified consideration paid in advance in a lump sum or by installments, a person promises, either before or upon the death of a beneficiary named in or otherwise ascertainable from the contract, to provide burial services and to furnish adaptable or suitable personal property, merchandise, supplies or facilities in connection with such services.

      2.  “Prepaid contract” does not include a contract of insurance or any instrument in writing whereby any charitable, religious, benevolent or fraternal benefit society, corporation, association, institution or organization, not having for its object or purpose pecuniary profit, promises or agrees to embalm, inter or otherwise dispose of the remains of any person, or to procure or pay the expenses, or any part thereof, for embalming, interring or otherwise disposing of the remains of any person.

      Sec. 10.  1.  It is unlawful for any person to receive, hold, control or manage money or proceeds received or derived from the sale of, or from a contract to sell, any personal property, equipment, merchandise or supplies of any description not then already existing, available, deliverable and suitable for use in, or for the performance of, any services connected with the interment, entombment or inurnment of the remains of any deceased person, whether any such payment is made in lump sum or on an installment basis, before the demise of the contract beneficiary for whom purchased, unless the provisions of sections 4 to 33, inclusive, of this act, are complied with.

      2.  The provisions of subsection 1 do not apply to:

      (a) The sale of grave plots, interests in land of a cemetery or space in a mausoleum vault or crypt or columbarium niche by any cemetery authority otherwise authorized to make such sales under sections 4 to 33, inclusive, of this act, which sales must be separated and distinctly defined in any agreement for burial merchandise and services.

      (b) A bona fide prepaid agreement whereby a cemetery authority is to furnish burial merchandise and services to a person who has a medically diagnosed terminal illness and which agreement is entered into and fully performed by the cemetery authority within 60 days of the date medically predicted for the demise of the beneficiary named in any such agreement.

      Sec. 11.  1.  It is unlawful for any cemetery authority, or any person on behalf of a cemetery authority, to offer or sell any preneed burial merchandise or services unless the cemetery authority has been issued a seller’s certificate of authority by the commissioner.

      2.  Subsection 1 does not apply to cemeteries owned and operated by governmental agencies.

      Sec. 12.  1.  The proposed seller, or the appropriate corporate officer of the seller, shall apply in writing to the commissioner for a seller’s certificate of authority, showing:

      (a) The proposed seller’s name and address and his occupations during the preceding 5 years;

      (b) The name and address of the proposed trustee;


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ê1987 Statutes of Nevada, Page 1253 (Chapter 548, SB 130)ê

 

      (c) The names and addresses of the proposed performers, specifying what particular services, supplies and equipment each performer is to furnish under the proposed prepaid contract; and

      (d) Such other pertinent information as the commissioner may reasonably require.

      2.  The application must be accompanied by:

      (a) A copy of the proposed trust agreement and a written statement signed by an authorized officer of the proposed trustee to the effect that the proposed trustee understands the nature of the proposed trust fund and accepts it;

      (b) A copy of each contract or understanding, existing or proposed, between the seller and performers relating to the proposed prepaid contract or items to be supplied under it;

      (c) A certified copy of the articles of incorporation and the bylaws of any corporate applicant;

      (d) A copy of any other document relating to the proposed seller, trustee, trust, performer or prepaid contract, as required by the commissioner;

      (e) A complete set of his fingerprints and written permission authorizing the commissioner to forward those fingerprints to the Federal Bureau of Investigation for its report;

      (f) A fee representing the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant; and

      (g) The applicable fee established in NRS 680B.010, which is not refundable.

      Sec. 13.  1.  Before the issuance of a certificate of authority to a seller, the seller shall post with the commissioner and thereafter maintain in force a bond in the principal sum of $50,000 issued by an authorized corporate surety in favor of the State of Nevada, or a deposit of cash or negotiable securities or a combination of cash and negotiable securities. If a deposit is made in lieu of a bond, the deposit must at all times have a market value of not less than the amount of the bond required by the commissioner.

      2.  The bond or deposit must be held for the benefit of buyers of prepaid contracts, and other persons as their interests may appear, who may be damaged by misuse or diversion of money by the seller or his agents, or to satisfy any judgments against the seller for failure to perform a prepaid contract. The aggregate liability of the surety for all breaches of the conditions of the bond must not exceed the sum of the bond. The surety on the bond has the right to cancel the bond upon giving 30 days’ notice to the commissioner and thereafter is relieved of liability for any breach of condition occurring after the effective date of the cancellation.

      3.  The commissioner shall release the bond or deposit after the seller has ceased doing business as such and the commissioner is satisfied of the nonexistence of any obligation or liability of the seller for which the bond or deposit was held.

      Sec. 14.  1.  If the commissioner finds that the application is complete, that the cemetery authority is in compliance with all requirements therefor, that the applicant otherwise qualifies under the provisions of sections 4 to 33, inclusive, of this act, and upon satisfactory evidence that a burial merchandise and service trust fund has been established, he shall issue a seller’s certificate of authority to the applicant.


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ê1987 Statutes of Nevada, Page 1254 (Chapter 548, SB 130)ê

 

that the applicant otherwise qualifies under the provisions of sections 4 to 33, inclusive, of this act, and upon satisfactory evidence that a burial merchandise and service trust fund has been established, he shall issue a seller’s certificate of authority to the applicant.

      2.  The commissioner shall refuse to issue a seller’s certificate of authority to any applicant who does not comply with or otherwise meet the requirements of sections 4 to 33, inclusive, of this act. Upon such refusal, the commissioner shall give written notice thereof to the applicant setting forth the reasons for his refusal.

      Sec. 15.  1.  Each seller’s certificate of authority issued pursuant to sections 4 to 33, inclusive, of this act, continues in effect for 3 years unless it is suspended, revoked or otherwise terminated.

      2.  The commissioner shall renew a seller’s certificate of authority upon receiving a written request for renewal from the seller, accompanied by the applicable fee for renewal, which is not refundable, if he finds that the seller is, at that time, in compliance with all applicable provisions of sections 4 to 33, inclusive, of this act.

      3.  A certificate which is not renewed expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the certificate if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required.

      Sec. 16.  1.  After giving written notice of charges to the seller, not less than 30 days in advance of a hearing, the commissioner may, after the hearing, revoke the seller’s certificate of authority if the seller:

      (a) Obtained his certificate of authority through misrepresentation or concealment of a material fact;

      (b) Is no longer qualified for such a certificate of authority; or

      (c) Violates any provision of sections 4 to 33, inclusve, of this act, or any lawful order or regulation of the commissioner.

      2.  If a seller is found to be in violation of paragraph (c) of subsection 1, the commissioner may, in lieu of revocation, suspend his seller’s certificate of authority for a period not to exceed 90 days.

      Sec. 17.  1.  It is unlawful for any person to solicit the sale of a prepaid contract in this state on behalf of a seller unless he holds a valid agent’s license issued by the commissioner.

      2.  This section does not apply to a seller who holds a valid seller’s certificate of authority.

      Sec. 18.  1.  To qualify for an agent’s license, the applicant must have a good business and personal reputation and must file a written application with the commissioner on forms furnished by the commissioner.

      2.  The application must:

      (a) Contain information concerning the applicant’s identity, address, personal background and business, professional or work history.

      (b) Contain such other pertinent information as the commissioner may require.


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ê1987 Statutes of Nevada, Page 1255 (Chapter 548, SB 130)ê

 

      (c) Be accompanied by a complete set of fingerprints and written permission authorizing the commissioner to forward those fingerprints to the Federal Bureau of Investigation for its report.

      (d) Be accompanied by a fee representing the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant.

      (e) Be accompanied by the applicable fee established in NRS 680B.010, which is not refundable.

      Sec. 19.  1.  If the commissioner finds that the application is complete and the applicant meets the requirements of section 18 of this act after an investigation not to exceed 30 days, he shall issue at the request of the holder of a valid seller’s certificate of authority an agent’s license to the applicant.

      2.  If the license is denied the commissioner shall immediately notify the applicant and the seller that the applicant was to represent setting forth the reasons for the denial.

      Sec. 20.  1.  Each agent’s license issued pursuant to sections 4 to 33, inclusive, of this act, continues in effect for 3 years unless it is suspended, revoked or otherwise terminated.

      2.  An agent’s license may be renewed, unless it has been suspended or revoked, at the request of the holder of a valid seller’s certificate of authority upon filing a written request for renewal accompanied by the applicable fee for renewal, which is not refundable.

      3.  The commissioner may accept a request for renewal which is received by him within 30 days after the expiration of the license if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required.

      4.  An agent’s license is valid only while the agent is employed by a holder of a valid seller’s certificate of authority.

      Sec. 21.  The commissioner may proceed against an agent’s license in the same manner as provided in section 16 of this act if the agent:

      1.  Obtained his license through misrepresentation or concealment of a material fact.

      2.  Is no longer qualified for such a license.

      3.  Knowingly violates any provision of section 4 to 33, inclusive, of this act, or any lawful order or regulation of the commissioner.

      Sec. 22.  1.  All forms for a prepaid contract offered or sold in this state must contain:

      (a) The names and addresses of the seller, buyer, beneficiary and trustee and of each performer;

      (b) A clear and unambiguous statement of the services and merchandise to be supplied and by whom;

      (c) The purchase price of each item of supply or service and how payable;

      (d) The date and place of execution;

      (e) Other reasonable and appropriate provisions as prescribed by the commissioner by regulation;


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ê1987 Statutes of Nevada, Page 1256 (Chapter 548, SB 130)ê

 

      (f) The full percentage of the sales commission to be retained by the seller;

      (g) The seller’s or his agent’s signature on the original contract and his identification by name and title on any duplicate copy of the contract given to the buyer;

      (h) A provision in 14-point type or larger, stating in substance that the buyer is permitted to return the contract within 10 days after its delivery to the buyer and to have the full purchase price or amount paid thereon refunded if the buyer is not satisfied with it for any reason; and

      (i) In print on its face sheet, in 14-point type or larger, a notice stating, “This is not an insurance contract.”

      2.  The written contract, when signed, constitutes the entire agreement between the parties relative to its subject matter.

      3.  If the buyer, pursuant to the provision required by paragraph (h) of subsection 1, returns the contract to the seller at his branch or home office or to the agent through whom it was purchased, the contract is void from the beginning and the parties return to the same position they occupied before the contract was entered into.

      Sec. 23.  1.  A seller shall not offer, sell or deliver in this state any prepaid contract unless the form of the contract has been filed with and approved in writing by the commissioner.

      2.  The commissioner shall disapprove any form of contract which he finds:

      (a) Printed or reproduced in such a manner as to be substantially illegible in whole or in part;

      (b) Contains ambiguous or misleading provisions, clauses or titles;

      (c) Includes or combines in the prepaid contract provisions for the purchase of cemetery plots and existing burial spaces, unless such sales are separated and distinctly defined as burial merchandise and services; or

      (d) Does not comply or is inconsistent with any applicable requirement of sections 4 to 33, inclusive of this act,

or for other good cause shown.

      3.  No amendment or modification of any form may be made unless the amendment or modification has been filed with and approved in writing by the commissioner.

      4.  Each filing is subject to a waiting period of up to 30 days before it becomes effective.

      5.  Upon written application by the holder of a seller’s certificate of authority, the commissioner may authorize a filing which he has reviewed to become effective before the expiration of the waiting period or any extension thereof.

      6.  A filing shall be deemed to meet the requirements of sections 4 to 33, inclusive, of this act, unless disapproved by the commissioner within the waiting period or any extension thereof.

      Sec. 24.  If the purchase price for a prepaid contract is to be paid in installments, the seller may make available to the buyer credit life insurance on a form and terms filed with and approved by the commissioner.


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ê1987 Statutes of Nevada, Page 1257 (Chapter 548, SB 130)ê

 

on a form and terms filed with and approved by the commissioner. The buyer must be provided with a certificate of the credit insurance by the seller or as otherwise required by the commissioner.

      Sec. 25.  The sales commission on any prepaid contract must not exceed 40 percent of the purchase price.

      Sec. 26.  1.  The seller shall establish and maintain a trust fund with an authorized trustee, for the benefit of the beneficiary of the prepaid contract, in accordance with the trust agreement filed with and approved by the commissioner.

      2.  The seller shall maintain unimpaired and shall deposit in the trust fund, within 15 days after the end of the month in which payment was received, all installments received on prepaid contracts sold after the sales commission has been deducted.

      3.  The trustee shall, with respect to the money in the trust fund, exercise the judgment and care under the circumstances then prevailing which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their money, considering the probable income as well as the probable safety of their capital. Within the limitations of such standards, and subject to any express provision or limitation contained in any particular trust instrument, a trustee may acquire and retain every kind of investment, specifically including bonds, debentures and other corporate obligations and stocks, preferred or common, which men of prudence, discretion and intelligence acquire or retain for their own account.

      4.  Except as otherwise provided in sections 4 to 33, inclusive, of this act, or the trust agreement approved in writing by the commissioner or as may be required by an order of a court of competent jurisdiction, the trustees shall maintain the trust fund intact and unimpaired and shall make no other payment or disbursement from the trust fund.

      Sec. 27.  1.  Not more than 60 percent of the earnings of such investments, including capital gains, as they accrue and are received, may be disbursed by the trustee to the seller or his designee. The remainder of any earnings must be held by the trustee to establish a reserve for securities valuation until the reserve equals 40 percent of the total trust liabilities.

      2.  The trustee shall maintain in the trust fund an amount of money equal to 125 percent of the total trust liabilities.

      3.  If money in the trust fund is invested or reinvested in:

      (a) Securities which are issued or guaranteed by the United States of America;

      (b) Bonds of this state or the bonds of any other state;

      (c) Bonds of counties or municipalities of any state;

      (d) Bank deposits in any federally insured bank or savings and loan association; or

      (e) With the written approval of the commissioner, any investment which has guaranteed liquidity, then no earnings of those investments, including capital gains, if any, as such earnings accrue and are received, may be disbursed by the trustee to the seller or his designee which would reduce the corpus of the trust fund below 100 percent of the required value of the trust.


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ê1987 Statutes of Nevada, Page 1258 (Chapter 548, SB 130)ê

 

then no earnings of those investments, including capital gains, if any, as such earnings accrue and are received, may be disbursed by the trustee to the seller or his designee which would reduce the corpus of the trust fund below 100 percent of the required value of the trust. Earnings in excess of 100 percent of the required value of the trust or 125 percent of the total trust liability, whichever is appropriate, may be distributed annually.

      4.  Earnings are defined as any sum remaining in the trust fund after deducting costs of administration over and above 100 percent of the required value of the trust.

      5.  Every trustee handling money in a trust fund pursuant to sections 4 to 33, inclusive, of this act, shall file with the commissioner, within 15 days after the first day of each calendar quarter, a financial statement showing the activity of all trusts required to be maintained by any seller and the total market value of each trust as of the first day of the calendar quarter. The statement for the fourth quarter must be a summary of all transactions involving the account. The statement must be on forms prescribed and adopted by the commissioner. Every quarterly report must be accompanied by a fee of $10. If the statement is not received by the commissioner as required, he may, after giving the seller 10 days’ written notice, revoke the seller’s certificate of authority.

      6.  The trust must be valued quarterly and averaged annually to determine the total value of the trust. If the average market value of the trust as of December 31 of each year is below 100 percent of the required value of the trust or 125 percent of the total trust liability, the commissioner may suspend the seller’s certificate of authority until the deficiency is made up.

      Sec. 28.  1.  The corpus of all money deposited in the burial merchandise and service trust fund must be kept unimpaired until the prepaid contract is performed on the death of the person for whose benefit the contract was made, or the contract is otherwise terminated and distribution or disposition of money in the trust fund is made as authorized in accordance with applicable law and the rights of interested persons.

      2.  Upon receiving a certified copy of a death certificate or a certification by the cemetery authority that a particular prepaid contract has been fully performed, the trustee of the burial merchandise and service trust fund shall pay all money in the trust fund for that contract to the cemetery authority.

      3.  The trustee shall not make any payments out of the trust fund unless he receives a death certificate or certification as provided in subsection 2. In paying out money in such circumstances, the trustee may rely upon all such death certificates and certifications presented to him which appear valid on their faces, and he is not liable to any person for paying out money upon such reliance.

      Sec. 29.  1.  Except as provided in subsection 2, if the buyer moves to another geographic area beyond the normal service facilities of the seller and performers under the prepaid burial merchandise and service contract, the contract automatically terminates upon the buyer’s written notice to the seller and trustee of his move and of his desire to terminate the contract.


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ê1987 Statutes of Nevada, Page 1259 (Chapter 548, SB 130)ê

 

The trustee, as soon as reasonably possible after receipt of the notice, shall refund to the buyer all money in the trust fund held to the buyer’s account.

      2.  If the contract continues in force and the buyer is not in default thereunder, upon the demise of the buyer, the contract automatically terminates. Upon termination, the seller shall:

      (a) Furnish the merchandise and perform or arrange to perform the services;

      (b) Make arrangements for the fulfillment of the agreement on a dollar-for-dollar basis with another performer serving the area to which the buyer has moved; or

      (c) Refund to the buyer or his representative or estate, or transfer to a substituted performer, all money in the trust fund held to the buyer’s account.

      3.  The cemetery authority shall include a provision in each prepaid contract substantially stating: “If the purchaser defaults in making any payment under this contract, the cemetery authority may terminate the contract and is entitled to retain as damages not more than 40 percent of the total purchase price. The balance remaining, if any, must be refunded to the purchaser.”

      Sec. 30.  1.  An executory prepaid contract automatically terminates if the seller or any performer under the contract goes out of business, dies, becomes insolvent or bankrupt, makes an assignment for the benefit of creditors or is otherwise unable to fulfill the obligations under the contract, unless the successors or assignees of the business agree to accept all liability and to fulfill all obligations as originally set forth in the contract.

      2.  Upon any such termination, the money in the trust fund held by the trustee for the account of the buyer must be distributed by the trustee to the buyer or to a qualified seller or performer assuming the outstanding contractual liabilities, as authorized by the commissioner.

      Sec. 31.  1.  Every seller shall keep:

      (a) Accurate accounts, books and records of all transactions;

      (b) Copies of all agreements and dates and amounts of payments made and accepted;

      (c) The names and addresses of the contracting parties; and

      (d) The persons for whose benefit the payments are accepted and the names of the depositories in which the payments are deposited.

      2.  The seller shall keep within this state, at the address shown upon the certificate of authority, complete records of all transactions under his certificate of authority. Those records and the affairs of the seller are subject to audit and examination by the commissioner at any reasonable time. The seller shall keep such records for not less than 5 years after the completion of all transactions to which they relate.

      Sec. 32.  The provisions of sections 4 to 33, inclusive, of this act, do not apply to a person maintaining a cemetery but not operating as a cemetery authority on July 5, 1971.


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ê1987 Statutes of Nevada, Page 1260 (Chapter 548, SB 130)ê

 

      Sec. 33.  1.  The provisions of NRS 683A.450 to 683A.480, inclusive, and 686A.010 to 686A.310, inclusive, apply to agents and sellers.

      2.  For the purposes of subsection 1, unless the context requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “agent” and “seller.”

      3.  The provisions of NRS 679B.230 to 679B.300, inclusive, apply to sellers. Unless the context requires that a provision apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “seller.”

      Sec. 34.  In the absence of fraud, all money in a trust fund held or invested in accordance with the provisions of this chapter is not liable to attachment, garnishment or other process or to be seized, taken, appropriated or applied to pay any debt or liability of the seller, buyer, beneficiary or performer by any legal or equitable process or by operation of law.

      Sec. 35.  NRS 689.015 is hereby amended to read as follows:

      689.015  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [689.025] 689.035 to 689.145, inclusive, have the meanings ascribed to them in [such section.] those sections.

      Sec. 36.  NRS 689.105 is hereby amended to read as follows:

      689.105  [“Purchasing price”] “Purchase price” means the aggregate amount to be paid by a buyer to a seller for a prepaid contract.

      Sec. 37.  NRS 689.135 is hereby amended to read as follows:

      689.135  “Trust fund” means [funds] a fund containing any money deposited with a trustee by a seller with respect to a prepaid contract.

      Sec. 38.  NRS 689.155 is hereby amended to read as follows:

      689.155  1.  It is [contrary to public policy] unlawful for any person to receive, hold, control or manage [funds] money or proceeds received or derived from the sale of, or from a contract to sell, any personal property, merchandise, funeral supplies or services of [whatsoever] any description not already existing, available, deliverable and suitable for use in, or for the performance of, any service [prior to] before the final disposition of the remains of any deceased person, whether such payments are made in lump sum or on an installment basis, [prior to] before the demise of the person purchasing them or the person for whose use and benefit they are purchased, unless the provisions of [this chapter] NRS 689.155 to 689.375, inclusive, and section 3 of this act are complied with.

      2.  The provisions of subsection 1 do not apply to a bona fide prepaid [agreements] agreement whereby a licensed mortuary or funeral home is to furnish funeral services to a person who has a medically diagnosed terminal illness and which agreement is entered into and fully performed by the [authority] mortuary or funeral home on a date which is within [a period of] 60 days of the date medically predicted for the demise of [such] the person.

      Sec. 39.  NRS 689.160 is hereby amended to read as follows:

      689.160  1.  The provisions of NRS 683A.450 to 683A.480, inclusive, and 686A.010 to 686A.310, inclusive, apply to agents and sellers.


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ê1987 Statutes of Nevada, Page 1261 (Chapter 548, SB 130)ê

 

      2.  For the purposes of subsection 1, unless the context requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “agent” and “seller.”

      3.  The provisions of NRS 679B.230 to 679B.300, inclusive, apply to sellers. Unless the context requires that a provision apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “seller.”

      Sec. 40.  NRS 689.165 is hereby amended to read as follows:

      689.165  A person shall not sell any prepaid contract or accept any money under such a contract unless:

      1.  He holds a valid certificate of authority as a seller issued by the [administrator;] commissioner; and

      2.  The contract and the sale thereof are in compliance with the provisions of [this chapter.] NRS 689.155 to 689.375, inclusive, and section 3 of this act.

      Sec. 41.  NRS 689.175 is hereby amended to read as follows:

      689.175  1.  The proposed seller, or the appropriate corporate officer of the proposed seller, shall [make application] apply in writing to the [administrator] commissioner for a seller’s certificate of authority [.

      2.  The application must contain:] , showing:

      (a) The proposed seller’s name and address, and his occupations during the preceding 5 years;

      (b) The name and address of the proposed trustee;

      (c) The names and addresses of the proposed performers, specifying what particular services, supplies and equipment each performer is to furnish under the proposed prepaid contract; and

      (d) Such other pertinent information as the [administrator] commissioner may reasonably require.

      [3.] 2.  The application must be accompanied by:

      (a) [The applicant’s fingerprints on a form furnished by the administrator;

      (b)] A copy of the proposed trust agreement and a written statement signed by an authorized officer of the proposed trustee to the effect that the proposed trustee understands the nature of the proposed trust fund [account] and accepts it;

      [(c)] (b) A copy of each contract or understanding, existing or proposed, between the seller and performers relating to the proposed prepaid contract or items to be supplied under it;

      [(d)] (c) A certified copy of the articles of incorporation and the bylaws of any corporate applicant;

      (d) A copy of any other document relating to the proposed seller, trustee, trust, performer or prepaid contract, as [may be] required by the [administrator; and

      (e)] commissioner;

      (e) A complete set of his fingerprints and written permission authorizing the commissioner to forward those fingerprints to the Federal Bureau of Investigation for its report;


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ê1987 Statutes of Nevada, Page 1262 (Chapter 548, SB 130)ê

 

      (f) A fee representing the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant; and

      (g) The applicable fee [,] established in NRS 680B.010, which is not refundable.

      Sec. 42.  NRS 689.185 is hereby amended to read as follows:

      689.185  1.  [Prior to] Before the issuance of a certificate of authority, the seller shall post with the [administrator] commissioner and thereafter maintain in force a bond in the principal sum of $50,000 issued by an authorized corporate surety in favor of the State of Nevada, or a deposit of cash or negotiable securities [representing public obligations] or a combination of cash and negotiable securities. If a deposit is made in lieu of a bond, the deposit [shall] must at all times have a market value of not less than the amount of the bond required by the [administrator.] commissioner.

      2.  [In lieu of posting the entire amount of the bond or deposit required under subsection 1, the administrator may:

      (a) Approve the posting of a bond or deposit in the amount of $5,000 or multiple thereof, not to exceed $50,000, if he finds that the circumstances and status of the applicant’s business do not immediately warrant the posting of a bond or the full amount of the bond or deposit for the purposes provided in subsection 3.

      (b) If less than the full amount of the bond or deposit is posted by the applicant, the administrator may require him to post an additional bond or deposit of $5,000 or multiple thereof each following year until the required maximum of $50,000 is met.

      3.] The bond or deposit [shall be held:

      (a) For] must be held for the benefit of buyers of prepaid [funeral] contracts, and other persons as their interests may appear, who may be damaged by misuse or diversion of [moneys] money by the seller or his agents [; or

      (b) To] , or to satisfy any judgments against the seller for failure to perform a prepaid contract. The aggregate liability of the surety for all breaches of the conditions of the bond [shall, in no event,] must not exceed to sum of [such] the bond. The surety on the bond [shall have] has the right to cancel [such] the bond upon giving 30 days’ notice to the [administrator] commissioner and thereafter [shall be] is relieved of liability for any breach of condition occurring after the effective date of [such] the cancellation.

      [4.  The administrator:

      (a) Shall]

      3.  The commissioner shall release the bond or deposit after the seller has ceased doing business as such and the [administrator] commissioner is satisfied of the nonexistence of any obligation or liability of the seller for which the bond or deposit was held . [; or

      (b) May reduce the bond or deposit in $5,000 increments if he finds that the circumstances and status of the applicant’s business warrant such reduction.]


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ê1987 Statutes of Nevada, Page 1263 (Chapter 548, SB 130)ê

 

      Sec. 43.  NRS 689.195 is hereby amended to read as follows:

      689.195  1.  If the [administrator] commissioner finds that the application is complete and the applicant otherwise qualifies under the provisions of [this chapter,] NRS 689.155 to 689.375, inclusive, and section 3 of this act, he shall issue a seller’s certificate of authority to the applicant.

      2.  The [administrator] commissioner shall refuse to issue a seller’s certificate of authority to any applicant who does not comply with or otherwise meet the requirements of [this chapter] NRS 689.155 to 689.375, inclusive, and section 3 of this act. Upon such refusal, the [administrator] commissioner shall give written notice thereof to the applicant, setting forth the reasons for [such] his refusal.

      Sec. 44.  NRS 689.205 is hereby amended to read as follows:

      689.205  1.  Each seller’s certificate of authority issued pursuant to [this chapter] NRS 689.155 to 689.375, inclusive, and section 3 of this act, expires at midnight on April 30 of the third year following its date of issuance or renewal.

      2.  The [administrator] commissioner shall renew a certificate of authority upon receiving a written request for renewal from the seller, accompanied by the applicable fee [,] for renewal, which is not refundable, if he finds that the seller is, at that time, in compliance with all applicable provisions of [this chapter.] NRS 689.155 to 689.375, inclusive, and section 3 of this act.

      3.  The commissioner may accept a request for renewal received by him within 30 days after the expiration of the certificate if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required.

      Sec. 45.  NRS 689.215 is hereby amended to read as follows:

      689.215  1.  After giving written notice of charges to the seller, not less than 30 days in advance of a hearing, the [administrator] commissioner may, after the hearing, revoke the seller’s certificate of authority if the seller:

      (a) Obtained his certificate of authority through misrepresentation or concealment of a material fact;

      (b) Is no longer qualified for such a certificate of authority; or

      (c) Knowingly violates any provision of [this chapter] NRS 689.155 to 689.375, inclusive, and section 3 of this act or any lawful order or regulation of the [administrator.] commissioner.

      2.  If a seller is found to be in violation of paragraph (c) of subsection 1, the [administrator] commissioner may, in lieu of revocation, suspend [the] his seller’s certificate of authority for a period not to exceed 90 days.

      Sec. 46.  NRS 689.225 is hereby amended to read as follows:

      689.225  1.  It is unlawful for any person to solicit the sale of a prepaid contract in this state [,] on behalf of a seller [,] unless he holds a valid agent’s license issued by the [administrator.] commissioner.

      2.  This section does not apply to a seller who [is an individual holding] holds a valid seller’s certificate of authority.

      Sec. 47.  NRS 689.235 is hereby amended to read as follows:

      689.235  1.  To qualify for an agent’s license, the applicant must:


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ê1987 Statutes of Nevada, Page 1264 (Chapter 548, SB 130)ê

 

      (a) [Execute and file] File a written application with the [administrator] commissioner on forms furnished by the [administrator;

      (b) Be of] commissioner; and

      (b) Have a good business and personal reputation . [; and

      (c) Pass a written examination prepared by the state board of funeral directors and embalmers and administered by the commissioner or by a testing service with which the commissioner has entered into a contract.]

      2.  The application must:

      (a) Contain information concerning the applicant’s identity, address and personal background and business, professional or work history.

      (b) Contain such other pertinent information as the [administrator] commissioner may require.

      (c) Be accompanied by a complete set of his fingerprints and written permission authorizing the commissioner to forward those fingerprints to the Federal Bureau of Investigation for its report.

      (d) Be accompanied by a fee representing the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant.

      (e) Be accompanied by the applicable fee [.] established in NRS 680B.010, which is not refundable.

      Sec. 48.  NRS 689.245 is hereby amended to read as follows:

      689.245  1.  If the [administrator] commissioner finds that the application is complete and the applicant [is otherwise acceptable, he shall,] meets the requirements of NRS 689.235 after an investigation [lasting] not to exceed 30 days, he shall issue at the request of the holder of a valid seller’s certificate of authority an agent’s license to the applicant.

      2.  [The administrator shall deny such license because the applicant does not meet the requirements of NRS 689.235.] If the license is denied the [administrator] commissioner shall immediately notify the applicant and the seller whom the applicant was to represent setting forth the reasons for the denial.

      [3.  An applicant for an agent’s license may receive a temporary agent’s permit at the request of a holder of a valid certificate of authority. Such temporary permit shall be valid for a period of not more than 30 days. During such period each sales agreement sold by an agent with a temporary permit shall be cosigned by a licensed agent or holder of a valid certificate of authority.]

      Sec. 49.  NRS 689.255 is hereby amended to read as follows:

      689.255  1.  Each agent’s license issued pursuant to [this chapter] NRS 689.155 to 689.375, inclusive, and section 3 of this act, continues in force for 3 years unless it is suspended, revoked or otherwise terminated.

      2.  An agent’s license may be renewed at the request of the holder of a valid seller’s certificate of authority, upon filing a written request for renewal accompanied by the required fee for renewal, which is nonrefundable.

      3.  Any license not so renewed expires at midnight on the last day of the month specified for its renewal.


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ê1987 Statutes of Nevada, Page 1265 (Chapter 548, SB 130)ê

 

month specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required.

      4.  An agent’s license is valid only while the agent is employed by a holder of a valid seller’s certificate of authority.

      Sec. 50.  NRS 689.265 is hereby amended to read as follows:

      689.265  The [administrator] commissioner may proceed against an agent’s license in the same manner as provided in NRS 689.215 if the agent:

      1.  Obtained his license through misrepresentation or concealment of a material fact.

      2.  Is no longer qualified for such a license.

      3.  Knowingly violates any provision of [this chapter] NRS 689.155 to 689.375, inclusive, and section 3 of this act or any lawful order [, rule] or regulation of the [administrator.] commissioner.

      Sec. 51.  NRS 689.275 is hereby amended to read as follows:

      689.275  1.  All forms for a prepaid contract [forms] offered or sold in this state [shall] must contain:

      (a) The names and addresses of the seller, buyer, beneficiary [,] and trustee and [the performer or performers;] of each performer;

      (b) A clear and unambiguous statement of the services and property to be supplied and by whom;

      (c) The purchase price of each item of supply or service and how payable;

      (d) The date and place of execution;

      (e) Other reasonable and appropriate provisions as prescribed by the [administrator by rule or] commissioner by regulation;

      (f) The full percentage of the sales commission to be retained by the seller;

      (g) The seller’s or his agent’s signature on the original contract and his identification by name and title on any duplicate copy of [such] the contract given to the buyer;

      (h) A provision in 14-point type or larger, stating in substance that the buyer [shall be] is permitted to return the contract within 10 days [of] after its delivery to the buyer and to have the full purchase price or amount paid thereon refunded if the buyer is not satisfied with it for any reason;

      (i) In print on its face sheet , in 14-point type or larger, a notice stating, “This is not an insurance contract.”; and

      (j) A provision for the return of the [“] net purchase price [”] at any time before the services are performed by the seller.

      2.  The written contract, when signed, [shall constitute] constitutes the entire agreement between the parties relative to its subject matter.

      3.  If the buyer, pursuant to the provision required by paragraph (h) of subsection 1, returns the contract to the seller at his branch or home office or to the agent through whom it was purchased, the contract [shall be] is void from the beginning and the parties [shall be returned] return to the same position they occupied before the contract was entered into.


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ê1987 Statutes of Nevada, Page 1266 (Chapter 548, SB 130)ê

 

void from the beginning and the parties [shall be returned] return to the same position they occupied before the contract was entered into.

      Sec. 52.  NRS 689.285 is hereby amended to read as follows:

      689.285  1.  A seller shall not offer, sell or deliver in this state any prepaid contract unless the form of [such] the contract has been filed with and approved in writing by the [administrator.] commissioner.

      2.  The [administrator] commissioner shall disapprove any [such] form of contract which he finds:

      (a) Printed or reproduced in such a manner as to be substantially illegible in whole or in part ; [.]

      (b) Contains ambiguous or misleading provisions, clauses or titles ; [.]

      (c) Includes or combines in the prepaid contract provisions for the purchase of a cemetery plot and incidental [cemetery services.] burial services; or

      (d) Does not comply or is inconsistent with any applicable requirement of [this chapter.] NRS 689.155 to 689.375, inclusive, and section 3 of this act, or for other good cause shown.

      3.  No amendment or modification of any [such form shall] form may be made unless the amendment or modification has been filed with and approved in writing by the [administrator.] commissioner.

      4.  Each filing is subject to a waiting period of up to 30 days before it becomes effective.

      5.  Upon written application by the holder of a seller’s certificate of authority, the [administrator] commissioner may authorize a filing which he has reviewed to become effective before the expiration of the waiting period or any extension thereof.

      6.  A filing shall be deemed to meet the requirements of [this chapter] NRS 689.155 to 689.375, inclusive, and section 3 of this act unless disapproved by the [administrator] commissioner within the waiting period [.] or any extension thereof.

      Sec. 53.  NRS 689.295 is hereby amended to read as follows:

      689.295  [The] If the purchase price for a prepaid contract is to be paid in installments, the seller may make available to [buyers, under deferred payment prepaid contracts,] the buyer credit life insurance on a form and terms filed with and approved by the [chief of the insurance division of the department of commerce.] commissioner. The buyer [shall] must be provided with a certificate of [such] the credit insurance by the seller or as otherwise required by the [administrator.] commissioner.

      Sec. 54.  NRS 689.315 is hereby amended to read as follows:

      689.315  1.  The seller shall establish and maintain a trust fund with an authorized trustee, for the benefit of the beneficiary of the prepaid contract, in accordance with the trust agreement filed with and approved by the [administrator.] commissioner.

      2.  The seller shall maintain unimpaired and shall deposit in the trust fund, within 15 days [following] after the end of the month in which payment was received, all installments received on prepaid contracts sold after the sales commission has [first] been deducted.


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ê1987 Statutes of Nevada, Page 1267 (Chapter 548, SB 130)ê

 

payment was received, all installments received on prepaid contracts sold after the sales commission has [first] been deducted.

      3.  The trustee shall, with respect to [such trust funds,] the money in the trust fund, exercise the judgment and care under the circumstances then prevailing which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their [funds,] money, considering the probable income as well as the probable safety of their capital. Within the limitations of such [standard,] standards, and subject to any express provision or limitation contained in any particular trust instrument, a trustee [is authorized to] may acquire and retain every kind of investment, specifically including [, but not limited to,] bonds, debentures [,] and other corporate obligations and stocks, preferred or common, which men of prudence, discretion and intelligence acquire or retain for their own account.

      4.  Except as otherwise provided in [this chapter] NRS 689.155 to 689.375, inclusive, and section 3 of this act, or the trust agreement approved in writing by the [administrator] commissioner or as may be required by an order of a court of competent jurisdiction, the trustees shall maintain the trust [funds] fund intact and unimpaired and shall make no other payment or disbursement [of such trust funds.] from the trust fund.

      Sec. 55.  NRS 689.325 is hereby amended to read as follows:

      689.325  1.  Not more than 75 percent of the earnings of such investments, including capital gains, as they accrue and are received, may be disbursed by the trustee to the seller or his designee. The remainder of any [such earnings shall] earnings must be held by the trustee to establish a reserve for securities valuation [reserve until such] until the reserve equals 25 percent of the total trust liabilities.

      2.  The trustee shall maintain in the trust [at] fund an amount of money equal to 125 percent of [such liabilities. Earnings in excess of the 125 percent of the total trust liabilities may be distributed at least annually.] the total trust liabilities.

      3.  If money in the [funds are] trust fund is invested or reinvested in:

      (a) Securities which are issued or guaranteed by the United States of America;

      (b) Bonds of this state or the bonds of any other state;

      (c) Bonds of counties or municipalities of any state;

      (d) Bank deposits in any federally insured bank or savings and loan association; or

      (e) With the written approval of the [administrator,] commissioner, any investment which would have guaranteed liquidity,

then no earnings of [such] those investments, including capital gains, if any, as such earnings accrue and are received, may be disbursed by the trustee to the seller or his designee which would reduce the corpus of the trust fund below 100 percent [value.] of the required value of the trust. Earnings in excess of [the] 100 percent of the required value of the trust or 125 percent of the total trust liability, whichever is appropriate, may be distributed [at least] annually.


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ê1987 Statutes of Nevada, Page 1268 (Chapter 548, SB 130)ê

 

      4.  Earnings [shall be] are defined as any sum remaining in the trust fund after deducting costs of administration over and above 100 percent of the required value of the trust.

      5.  Every trustee handling money in a trust [funds under this chapter] fund pursuant to NRS 689.155 to 689.375, inclusive, and section 3 of this act shall file with the [administrator,] commissioner, within 15 days [following] after the first day of each calendar quarter, a financial statement showing the activity of all trusts required to be maintained by any seller and the total market value of each trust as of the first day of the calendar quarter. [Such statement shall] The statement must be on forms prescribed and adopted by the [administrator.] commissioner. Every quarterly report [shall] must be accompanied by a fee of $10. If [such] the statement is not received by the [administrator] commissioner as required, [the administrator] he may, after giving the seller 10 days’ written notice, revoke the seller’s [license.] certificate of authority.

      6.  The trust [shall] must be valued quarterly and averaged annually to determine the total value of the trust. If the average market value as of December 31 of each year is below 100 percent of the required value of the trust or 125 percent of the total trust liability, [whichever is appropriate, the administrator] the commissioner may suspend the seller’s certificate of authority until [such] the deficiency is made up.

      Sec. 56.  NRS 689.355 is hereby amended to read as follows:

      689.355  1.  Except as provided in subsection 2, if the buyer moves to another geographic area beyond the normal facilities of the seller and performers under the prepaid [funeral] contract, the contract [shall be terminated] automatically terminates upon the buyer’s written notice to the seller and trustee of [such removal] his move and of his desire to terminate [such] the contract. The trustee, as soon as reasonably possible after receipt of [such] the notice, shall refund to the buyer all [trust funds] money in the trust fund held to the buyer’s account.

      2.  If the contract continues in force and the buyer is not in default thereunder, upon the demise of the contract beneficiary, [all moneys] the contract automatically terminates. Upon termination, the seller shall refund to the buyer or to his representative or estate, or transfer to a substituted performer, if any, all money paid on the contract . [shall be payable to the buyer’s representative or estate, or transferred and paid to satisfy the buyer’s obligation to the substituted performers, if any.]

      Sec. 57.  NRS 689.365 is hereby amended to read as follows:

      689.365  1.  An executory prepaid contract [shall automatically terminate] automatically terminates if the seller or any performer under the contract goes out of business, dies, becomes insolvent or bankrupt, makes an assignment for the benefit of creditors or is otherwise unable to fulfill the obligations under the contract unless, within 30 days [following] after the going out of business, death, insolvency or bankruptcy of the seller, or without any extension of time granted by the [administrator, such executory prepaid contracts are] commissioner, the contract is assigned to a holder of a valid seller’s certificate of authority [and the holder] who agrees in writing to accept the liabilities under the contract and agrees to fulfill all obligations set forth therein.


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ê1987 Statutes of Nevada, Page 1269 (Chapter 548, SB 130)ê

 

valid seller’s certificate of authority [and the holder] who agrees in writing to accept the liabilities under the contract and agrees to fulfill all obligations set forth therein.

      2.  Upon any such termination, the money in the trust [funds] fund held by the trustee for the account of the buyer [shall] must be distributed by the trustee to the buyer or to a qualified seller or performer assuming the outstanding contractual liabilities, as authorized by the [administrator.] commissioner.

      Sec. 58.  NRS 689.375 is hereby amended to read as follows:

      689.375  1.  Every seller shall keep:

      (a) Accurate accounts, books and records of all transactions;

      (b) Copies of all agreements and dates and amounts of payments made and accepted;

      (c) The names and addresses of the contracting parties; and

      (d) The persons for whose benefit [such funds] the payments are accepted and the names of the depositories in which [such funds] the payments are deposited.

      2.  The seller shall keep within this state, at the address shown upon the certificate of authority, complete records of all transactions made under his certificate of authority. [Such] Those records and the affairs of the seller [shall be] are subject to audit and examination by the [administrator] commissioner at any reasonable time. The seller shall keep such records for [a period of] not less than 5 years after the completion of all transactions to which they relate.

      [3.  The administrator shall from time to time, and at least once every 3 years, examine the records and affairs of each seller or other person in relation to any matter relevant to the financial affairs of the seller, at the expense of the seller examined. Any seller or other person examined shall, upon request, produce or make available all such records for examination. The written report of all such examinations, when completed, shall be filed in the office of the administrator, and shall constitute a public record.

      4.  The administrator, or his designated representative, may at any time examine the records and affairs of any such seller or person, whether in connection with a formal examination or not. The seller shall pay for the expense of the examination in the same manner as an audit of an insurance company.]

      Sec. 59.  NRS 689.385 is hereby amended to read as follows:

      689.385  The insurance division’s regulatory fund is hereby created as a special revenue fund. [All] Except for money which is required to be deposited in the insurance examination fund created by NRS 679B.300, all money collected by the [administrator] commissioner under this chapter and chapter 452 of NRS must be deposited in the state treasury for credit to the insurance division’s regulatory fund. Expenses incurred in carrying out the provisions of this chapter must be paid from the insurance division’s regulatory fund as other claims against the state are paid.


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

ê1987 Statutes of Nevada, Page 1270 (Chapter 548, SB 130)ê

 

      Sec. 60.  NRS 689.405 is hereby amended to read as follows:

      689.405  The [administrator may make, promulgate, amend and rescind such rules and] commissioner may adopt such regulations as may be necessary to carry out the purposes and provisions of this chapter.

      Sec. 61.  NRS 452.001 is hereby amended to read as follows:

      452.001  The provisions of [NRS 452.003 to 452.022, inclusive, 452.050 to 452.270, inclusive, and 452.310 to 452.610, inclusive,] this chapter, except NRS 452.002, 452.030, 452.290 and 452.300, do not apply to a person maintaining a cemetery but not operating as a cemetery authority on July 5, 1971.

      Sec. 62.  NRS 452.003 is hereby amended to read as follows:

      452.003  As used in this chapter the words and terms defined in NRS 452.004 to [452.022,] 452.019, inclusive, have the meanings ascribed to them in [such] those sections.

      Sec. 63.  NRS 452.007 is hereby amended to read as follows:

      452.007  “Buyer” means the purchaser of a prepaid [cemetery contract.] contract, as that term is defined in section 9 of this act.

      Sec. 63.5.  (Deleted by amendment.)

      Sec. 64.  NRS 452.160 is hereby amended to read as follows:

      452.160  1.  Endowment care funds must not be used for any purpose other than to provide, through income only, for the reserves authorized by law and for the endowment care of the cemetery in accordance with the resolutions, bylaws, rules and regulations or other actions or instruments of the cemetery authority.

      2.  The funds must be invested and reinvested in:

      (a) Bonds of the United States;

      (b) Bonds of this state or the bonds of other states ; [of the Union;]

      (c) Bonds of counties or municipalities of [the states of the Union;] any state;

      (d) With the approval of the administrator, first mortgages or first trust deeds on improved real estate;

      (e) Bank deposits in any federally insured bank or savings and loan association; or

      (f) With the written approval of the administrator, any investment which would be proper under the provisions of NRS 164.050.

Pending investment as provided in this subsection, such funds may be deposited in a federally insured account in any savings bank or savings and loan association qualified to do business in the State of Nevada.

      3.  Each cemetery authority operating an endowment care cemetery shall submit to the administrator annually, on a form prescribed and adopted by the administrator, a financial statement of the condition of its endowment care fund. The statement must be accompanied by a fee of $10. If the statement is not received by the administrator he may, after giving 10 days’ notice, revoke the cemetery authority’s certificate of authority.

      Sec. 65.  NRS 452.180 is hereby amended to read as follows:

      452.180  1.  It [shall be] is unlawful for a cemetery authority, its officers, employees or agents, or a [cemetery broker or salesman,] seller or agent certified or licensed pursuant to sections 4 to 33, inclusive, of this act, to represent that an endowment care fund or any other fund set up for maintaining care is perpetual or permanent, or to sell, offer for sale or advertise any plot under representation that the plot is under endowment care, before an endowment care fund has been established for the cemetery in which the plot is situated.


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ê1987 Statutes of Nevada, Page 1271 (Chapter 548, SB 130)ê

 

officers, employees or agents, or a [cemetery broker or salesman,] seller or agent certified or licensed pursuant to sections 4 to 33, inclusive, of this act, to represent that an endowment care fund or any other fund set up for maintaining care is perpetual or permanent, or to sell, offer for sale or advertise any plot under representation that the plot is under endowment care, before an endowment care fund has been established for the cemetery in which the plot is situated. Any person violating any of the provisions of NRS 452.050 to 452.180, inclusive, [shall be] is personally liable for all damages resulting to any person [or persons] by reason of such violation, and [shall also] upon conviction thereof [be] is guilty of a misdemeanor.

      2.  The administrator, for the purpose of ascertaining the assets, conditions [,] and affairs of any endowment care cemetery, may examine the books, records, documents and assets of any endowment care cemetery operating, or being organized to operate as such [,] a cemetery, in the State of Nevada, and may make whatever other investigations as may be necessary to determine that [such cemeteries are] the cemetery is complying fully with the provisions of NRS 452.050 to 452.180, inclusive.

      3.  If, after an examination or investigation, the administrator has just cause to believe that a cemetery granted a permit under the provisions of NRS 452.050 to 452.180, inclusive, has failed to comply with the provisions and requirements of NRS 452.050 to 452.180, inclusive, and any regulations adopted thereunder, he may, after due notice and hearing, if he finds that the cemetery authority has violated [the] those requirements or regulations , [contained herein,] revoke or refuse to renew the permit of [such] that cemetery authority and refer the violation to the attorney general to determine if further action should be taken under subsection 1.

      4.  [The administrator shall conduct examinations at such times as he may deem necessary, but not less than once every 3 years. The expense of such examinations shall be paid by the person or cemetery authority being examined at a rate not to exceed $50 for each 8-hour day for each examiner or investigator required, not to exceed a total of $250 for any regular examination or investigation.

      5.  If an irregularity is disclosed during the course of such examination warranting special or additional investigation or examination, in which case the person or cemetery authority shall be obligated for any additional amount incurred therefor at a rate not to exceed $50 for each 8-hour day for each examiner or investigator employed for the additional examination or investigation.] The provisions of NRS 679B.230 to 679B.300, inclusive, apply to any examination conducted under this section. Unless the context requires that a provision apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “cemetery authority” or the person being examined.

      Sec. 66.  NRS 452.380 is hereby amended to read as follows:

      452.380  The administrator shall promptly deposit with the state treasurer, for credit to the insurance division’s regulatory fund created by NRS 689.385, all fees and charges collected by him [under this chapter.] pursuant to NRS 452.310 and 452.590.


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ê1987 Statutes of Nevada, Page 1272 (Chapter 548, SB 130)ê

 

to NRS 452.310 and 452.590. Expenses incurred in carrying out the provisions of this chapter must be paid from the fund as other claims against the state are paid.

      Sec. 67.  1.  NRS 452.006, 452.009, 452.011, 452.013, 452.014, 452.016, 452.017, 452.021, 452.022, 452.320, 452.370, 452.390, 452.430, 452.450, 452.460, 452.480, 452.500, 452.510, 452.520, 452.530, 452.540, 452.550, 452.560, 452.570, 452.600, 689.025, 689.055, 689.075, 689.095 and 689.335 are hereby repealed.

      2.  NRS 452.420, 452.440, 452.470, 452.490 and 452.580 are hereby repealed.

      Sec. 68.  1.  Sections 41, 44 and 49, and subsection 2 of section 67, of this act become effective at 12:01 a.m. on July 1, 1987.

      2.  Section 1 of this act becomes effective at 12:02 a.m. on July 1, 1987.

 

_______

 

 

CHAPTER 549, AB 351

Assembly Bill No. 351–Assemblymen Myrna Williams, Marvel, Spinello, Wisdom, Triggs, Kerns, Tebbs, Fay, Porter, May, Brookman, Getto, Carpenter, Gaston, Freeman, Callister, Price, Sedway, Nevin, Sader, Bergevin, Thompson, Adler, Thomas, Kissam, McGaughey, Nicholas, Craddock, Wendell Williams, Haller, Humke, Garner, Spriggs, Evans, Arberry, Swain, Schofield and Dini

CHAPTER 549

AN ACT relating to deceptive trade practices; requiring businesses which do not allow refunds or exchanges to inform their customers of that policy; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:

      A business engaged in the sale of goods which does not allow refunds or exchanges shall inform its customers of that policy by:

      1.  Printing a statement on the face of the sales receipt;

      2.  Printing a statement on the face of the price tag; or

      3.  Posting in an open and conspicuous place a sign at least 8 by 10 inches in size with boldface letters,

specifying that no refunds or exchanges are allowed.

 

_______


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ê1987 Statutes of Nevada, Page 1273ê

 

CHAPTER 550, SB 194

Senate Bill No. 194–Committee on Judiciary

CHAPTER 550

AN ACT relating to gaming; revising the definition of “gross revenue” for the provisions governing the licensing of gaming; prohibiting the enforcement of certain security interests without the prior approval of the Nevada gaming commission; requiring the Nevada gaming commission to adopt regulations concerning security interests of the creditors of licensees; providing that certain information which is privileged pursuant to chapter 49 of NRS remains privileged if required to be disclosed to the Nevada gaming commission or state gaming control board; requiring privileged information to be maintained in a secure place; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 3, a security interest in:

      (a) A gaming device;

      (b) The proceeds from the operation of a gaming device, game, race book or sports pool;

      (c) A security issued by a corporation which is a holder of a gaming license in this state; or

      (d) A security issued by a holding company of such a corporation other than a corporation whose stock is publicly traded,

may not be enforced without the prior approval of the commission and compliance with the regulations adopted by the commission pursuant to subsection 2.

      2.  The commission shall adopt regulations establishing the procedure for the enforcement of such a security interest which are consistent with chapter 104 of NRS. Any remedy provided by the commission in its regulations for the enforcement of such a security interest is in addition to any other remedy provided by law.

      3.  The provisions of subsection 1 do not apply to a distributor or manufacturer licensed by the commission to distribute gaming devices.

      Sec. 2.  NRS 463.0129 is hereby amended to read as follows:

      463.0129  1.  The legislature hereby finds, and declares to be the public policy of this state, that:

      (a) The gaming industry is vitally important to the economy of the state and the general welfare of the inhabitants.

      (b) The continued growth and success of gaming is dependent upon public confidence and trust that licensed gaming is conducted honestly and competitively , that the rights of the creditors of licensees are protected and that gaming is free from criminal and corruptive elements.

      (c) Public confidence and trust can only be maintained by strict regulation of all persons, locations, practices, associations and activities related to the operation of licensed gaming establishments and the manufacture or distribution of gambling devices and equipment.


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ê1987 Statutes of Nevada, Page 1274 (Chapter 550, SB 194)ê

 

operation of licensed gaming establishments and the manufacture or distribution of gambling devices and equipment.

      (d) All establishments where gaming is conducted and where gambling devices are operated, and manufacturers, sellers and distributors of certain gambling devices and equipment must therefore be licensed, controlled and assisted to protect the public health, safety, morals, good order and general welfare of the inhabitants of the state, to foster the stability and success of gaming and to preserve the competitive economy and policies of free competition of the State of Nevada.

      2.  No applicant for a license or other affirmative commission approval has any right to a license or the granting of the approval sought. Any license issued or other commission approval granted pursuant to the provisions of this chapter or chapter 464 of NRS is a revocable privilege, and no holder acquires any vested right therein or thereunder.

      Sec. 3.  NRS 463.0161 is hereby amended to read as follows:

      463.0161  1.  “Gross revenue” means the total of all:

      [1.] (a) Cash received as winnings;

      [2.] (b) Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and

      [3.] (c) Compensation received for conducting any game in which the licensee is not party to a wager,

less the total of all cash paid out as losses to patrons, those amounts paid to purchase annuities to fund losses paid to patrons over several years by independent financial institutions and any other items made deductible as losses by NRS 463.3715. For the purposes of this section, cash or the value of noncash prizes awarded to patrons in a contest or tournament are not losses.

      2.  The term does not include:

      (a) Counterfeit money or tokens;

      (b) Coins of other countries which are received in gaming devices;

      (c) Cash taken in fraudulent acts perpetrated against a licensee for which the licensee is not reimbursed; or

      (d) Cash received as entry fees for contests or tournaments in which patrons compete for prizes.

      Sec. 4.  NRS 463.3407 is hereby amended to read as follows:

      463.3407  1.  Any communication or document of [a] an applicant or licensee which is required by [law] :

      (a) Law or the regulations of the board or commission ; or

      (b) A subpena issued by the board or commission,

to be made or transmitted to the board or commission or any of their agents or employees is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.

      2.  If such a document or communication contains any information which is privileged pursuant to chapter 49 of NRS, that privilege is not waived or lost because the document or communication is disclosed to the board or commission or any of its agents or employees.


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

ê1987 Statutes of Nevada, Page 1275 (Chapter 550, SB 194)ê

 

      3.  Notwithstanding the provisions of subsection 4 of NRS 463.120:

      (a) The board, commission and their agents and employees shall not release or disclose any information, documents or communications provided by an applicant or licensee which are privileged pursuant to chapter 49 of NRS, without the prior written consent of the applicant or licensee, or pursuant to a lawful court order after timely notice of the proceedings has been given to the applicant or licensee.

      (b) The board and commission shall maintain all privileged information, documents and communications in a secure place accessible only to members of the board and commission and their authorized agents and employees.

      (c) The board and commission shall adopt procedures and regulations to protect the privileged nature of information, documents and communications provided by an applicant or licensee.

      Sec. 5.  NRS 463.366 is hereby amended to read as follows:

      463.366  [A] 1.  Except as otherwise provided in subsection 2, a licensee shall pay a patron’s claim within 20 days after the decision of the board directing him to do so becomes final. Failure to pay within that time is grounds for disciplinary action pursuant to NRS 463.311 to 463.3145, inclusive.

      2.  If a licensee intends to file a petition for judicial review of the board’s decision pursuant to NRS 463.315 to 463.318, inclusive, the licensee must first deposit in an interest-bearing account in a financial institution an amount equal to the amount in dispute. The licensee shall pay the full amount of the patron’s claim, including interest, within 20 days after a final, nonappealable order of a court of competent jurisdiction so directs.

      3.  The licensee may withdraw the amount deposited in the financial institution upon:

      (a) Payment of the full amount of the patron’s claim, plus interest, if the licensee has given notice to the board of the payment; or

      (b) A final determination by the court that the licensee is not required to pay the claim.

      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, 1987.

 

_______


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ê1987 Statutes of Nevada, Page 1276ê

 

CHAPTER 551, AB 360

Assembly Bill No. 360–Committee on Judiciary

CHAPTER 551

AN ACT relating to gaming; providing a specific procedure for judicial review in actions relating to the recovery of gaming debts by patrons; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 through 5, inclusive, of this act.

      Sec. 2.  1.  Any person aggrieved by a final decision or order of the board made after hearing by the board pursuant to NRS 463.361 to 463.366, inclusive, may obtain a judicial review thereof in the district court of the county in which the petitioner resides or has his or its principal place of business.

      2.  The judicial review must be instituted by filing a petition within 20 days after the effective date of the final decision or order. The petition must set forth the order or decision appealed from and the grounds or reasons why petitioner contends a reversal or modification should be ordered.

      3.  Copies of the petition must be served upon the board and all other parties of record, or their counsel of record, either personally or by certified mail.

      4.  The court, upon a proper showing, may permit other interested persons to intervene as parties to the appeal or as friends of the court.

      5.  The filing of the petition does not stay enforcement of the decision or order of the board, but the board itself may grant a stay upon such terms and conditions as it deems proper.

      Sec. 3.  1.  Upon written request of petitioner and upon payment of such reasonable costs and fees as the board may prescribe, the complete record on review, or such parts thereof as are designated by the petitioner, must be prepared by the board.

      2.  The complete record on review must include copies of:

      (a) All pleadings in the case;

      (b) All notices and interim orders issued by the board in connection with the case;

      (c) All stipulations;

      (d) The decision and order appealed from;

      (e) A transcript of all testimony, evidence and proceedings at the hearing;

      (f) The exhibits admitted or rejected; and

      (g) Any other papers in the case.

The original of any document may be used in lieu of a copy thereof. The record on review may be shortened by stipulation of all parties to the review proceedings.


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

ê1987 Statutes of Nevada, Page 1277 (Chapter 551, AB 360)ê

 

      3.  The record on review must be filed with the reviewing court within 30 days after service of the petition for review, but the court may allow the board additional time to prepare and transmit the record on review.

      Sec. 4.  1.  The reviewing court may, upon motion therefor, order that additional evidence in the case be taken by the board upon such terms and conditions as the court may deem just and proper. The motion must not be granted except upon a showing that the additional evidence is material and necessary and that sufficient reason existed for failure to present the evidence at the hearing of the board. The motion must be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced in the administrative hearing. Rebuttal evidence to the additional evidence must be permitted. In cases in which additional evidence is presented to the board, the board may modify its decisions and orders as the additional evidence may warrant and shall file with the reviewing court a transcript of the additional evidence together with any modifications of the decision and order, all of which become a part of the record on review.

      2.  The review must be conducted by the court sitting without a jury, and must not be a trial de novo but is confined to the record on review.

      3.  The reviewing court may affirm the decision and order of the board, or it may remand the case for further proceedings or reverse the decision if the substantial rights of the petitioner have been prejudiced because the decision is:

      (a) In violation of constitutional provisions;

      (b) In excess of the statutory authority or jurisdiction of the board;

      (c) Made upon unlawful procedure;

      (d) Unsupported by any evidence; or

      (e) Arbitrary or capricious or otherwise not in accordance with law.

      Sec. 5.  1.  Any party aggrieved by the final decision in the district court after a review of the decision and order of the board may appeal to the supreme court in the manner and within the time provided by law for appeals in civil cases. The supreme court shall follow the same procedure thereafter as in appeals in civil actions, and may affirm, reverse or modify the decision as the record and law warrant.

      2.  The judicial review by the district and supreme courts afforded in this chapter is the exclusive method of review of the board’s actions, decisions and orders in hearings held pursuant to NRS 463.361 to 463.366, inclusive. Judicial review is not available for extraordinary common law writs or equitable proceedings.

      3.  The party requesting judicial review shall bear all of the costs of transcribing the proceedings before the board and of transmitting the record on review.

      Sec. 6.  NRS 463.365 is hereby repealed.

      Sec. 7.  This act becomes effective upon passage and approval.

 

_______


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

ê1987 Statutes of Nevada, Page 1278ê

 

CHAPTER 552, AB 599

Assembly Bill No. 599–Assemblymen Humke, Sader, Myrna Williams, Haller, Triggs, Callister and Spriggs

CHAPTER 552

AN ACT relating to minors; authorizing the juvenile division of the district court to remove certain disabilities of minority and declare the minor to be emancipated; establishing the procedure to be followed in such cases; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 129 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  Any minor who is at least 16 years of age, married or living apart from his parents or legal guardian, and who is a resident of the county, may petition the juvenile division of the district court of that county for a decree of emancipation. The district court may refer the petition to a master appointed pursuant to chapter 62 or 432B of NRS.

      Sec. 3.  1.  A petition filed pursuant to section 2 of this act must be in writing, verified by the petitioner and set forth:

      (a) The name, age and address of the minor;

      (b) The names and addresses of the parents of the minor;

      (c) The name and address of any legal guardian of the minor;

      (d) If no parent or guardian can be found, the name and address of the child’s nearest known relative residing within this state;

      (e) Facts relating to the minor’s education, employment, and length of residence apart from his parents or guardian;

      (f) That the minor willingly lives apart from his parents or legal guardian with the consent or acquiescence of his parents or legal guardian;

      (g) That the minor is managing his own financial affairs;

      (h) That the source of the minor’s income is not derived from any activity declared to be a crime by the laws of this state or the United States; and

      (i) That the minor is attending school or has been excused from attending school pursuant to NRS 392.040 to 392.125, inclusive.

      2.  If any of the facts required by subsection 1 are not known, the petition must so state.

      3.  For filing the petition, the clerk of the district court shall charge the fees prescribed by law for the commencement of civil actions or proceedings generally.

      Sec. 4.  1.  After a petition has been filed, unless the person to be served voluntarily appears and consents to the hearing, the court shall direct the clerk to issue a notice, reciting briefly the substance of the petition, stating the time and date set for the hearing of the petition, and requiring the person served with the notice to appear before the court at the hearing if he desires to oppose the petition.


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ê1987 Statutes of Nevada, Page 1279 (Chapter 552, AB 599)ê

 

      2.  The notice issued pursuant to subsection 1 must be in substantially the following form:

      In the ...................................... Judicial District Court of the State of Nevada, in and for the County of ......................................

 

In the matter of the emancipation of ......................................, a minor.

 

Notice

 

      To ......................................, the father or ......................................, the mother of the above-named minor; or, to the father and mother of the above-named minor; or, to ......................................, the legal guardian of the above-named minor; or, to ......................................, related to the above-named minor as ......................................:

      You are hereby notified that there has been filed in the above-entitled court a petition praying for the emancipation of the above-named minor person, and that the petition has been set for hearing before this court, at the courtroom thereof, at ......................................, in the County of ......................................, on the .......... day of ...................., 19..., at .......... o’clock ...m., at which time and place you are required to be present if you desire to oppose the petition.

      Dated ........................................., 19...

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

                                                                                                                              Clerk of court.

 

                                (SEAL)                                              By.......................................................

                                                                                                                                          Deputy.

 

      Sec. 5.  1.  A copy of the notice issued pursuant to section 4 of this act, together with a copy of the petition, must be served upon:

      (a) The parents or legal guardian of the minor or if the parents or legal guardian cannot be found, the nearest known relative of the minor residing within this state, if any;

      (b) The legal custodian of the minor, if any;

      (c) The appropriate probation officer for his review and recommendation, if the minor is a ward of the court; and

      (d) The district attorney of the county in which the matter is to be heard.

      2.  Service of the notice and petition may be made in any manner permitted by N.R.C.P. 4. Return of service must be made as provided by that rule. Evidence must be presented to the court if addresses of those required to be served are unknown or for any other reason notice cannot be given.

      3.  The court shall hold a hearing on all petitions filed pursuant to sections 2 to 8, inclusive, of this act.

      Sec. 6.  1.  At the time stated in the notice, or at the earliest time thereafter to which the hearing may be postponed, the court shall proceed to hear the petition.


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

ê1987 Statutes of Nevada, Page 1280 (Chapter 552, AB 599)ê

 

      2.  At the hearing of the petition, the court shall address the petitioner personally and advise him of the consequences of emancipation, as described in section 7 of this act.

      3.  The court may request copies of records in the custody of the school district, the probation office, the welfare division of the department of human resources or any other public or private agency to assist in making its determination. The court may further request a recommendation from the probation officer, the welfare division or any other public or private agency that may have communicated with the minor regarding the petition.

      4.  The grant or denial of the petition is a matter within the discretion of the court. In making its determination, the court shall consider:

      (a) Whether the parents or guardian of the minor have consented to emancipation;

      (b) Whether the minor is substantially able to support himself without financial assistance;

      (c) Whether the minor is sufficiently mature and knowledgeable to manage his affairs without the guidance of his parents or guardian; and

      (d) Whether emancipation is in the best interest of the minor.

      Sec. 7.  1.  If the court determines that the petition should be granted, it shall enter a decree of emancipation.

      2.  A decree so entered is conclusive and binding.

      3.  Such a decree emancipates the minor for all purposes and removes the disability of minority of the minor insofar as that disability may affect:

      (a) The incurring of indebtedness or contractual obligations of any kind;

      (b) The litigation and settlement of controversies;

      (c) The acquiring, encumbering and conveying of property or any interest therein;

      (d) The consenting to medical, dental or psychiatric care without parental consent, knowledge or liability;

      (e) The enrolling in any school or college; and

      (f) The establishment of his own residence.

For these purposes, the minor shall be considered in law as an adult, and any obligation he incurs is enforceable by and against him without regard to his minority.

      4.  Unless otherwise provided by the decree, the obligation of support otherwise owned a minor by his parent or guardian is terminated by the entry of the decree.

      5.  Except as otherwise provided in this section, a decree of emancipation does not affect the status of the minor for any purpose, including the applicability of any provision of law which:

      (a) Prohibits the sale, purchase or consumption of intoxicating liquor to or by a person under the age of 21 years;

      (b) Prohibits gaming or employment in gaming by or of a person under the age of 21 years;

      (c) Restricts the ability to marry of a person under the age of 18 years;


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ê1987 Statutes of Nevada, Page 1281 (Chapter 552, AB 599)ê

 

      (d) Governs matters relating to referrals for delinquent acts and violation of NRS 392.040 to 392.125, inclusive, unless the minor has been certified by the juvenile division of the district court for trial as an adult pursuant to chapter 62 of NRS; or

      (e) Imposes penalties or regulates conduct according to the age of any person.

      6.  A petition may be filed by any person or by any public agency to void a decree of emancipation on the following grounds:

      (a) The minor has become indigent and has insufficient means of support; or

      (b) The decree of emancipation was obtained by fraud, misrepresentation or the withholding of material information.

      7.  The voiding of any decree of emancipation must not alter any contractual obligations or rights or any property rights or interests which arose during the period that the decree was in effect.

      Sec. 8.  The method of emancipation of a minor provided for in sections 2 to 8, inclusive, of this act, is in addition to and not in substitution of, any other method of emancipation provided by statute or common law.

      Sec. 9.  NRS 129.010 is hereby amended to read as follows:

      129.010  All persons of the age of 18 years who are under no legal disability, [shall be] and all persons who have been declared emancipated pursuant to sections 2 to 8, inclusive, of this act, are capable of entering into any contract, and [shall be,] are, to all intents and purposes, held and considered to be of lawful age.

      Sec. 10.  NRS 12.080 is hereby amended to read as follows:

      12.080  The father and mother jointly, or the father or the mother, without preference to either, may maintain an action for the injury of a minor child who has not been emancipated [by marriage, when such] , if the injury is caused by the wrongful act or neglect of another . [; and a] A guardian may maintain an action for the injury of his unemancipated ward, [when such] if the injury is caused by the wrongful act or neglect of another, the action by the guardian to be prosecuted for the benefit of the ward. Any such action may be maintained against the person causing the injury, or, if [such person be] the person is employed by another person who is responsible for his conduct, also against [such] that other person.

      Sec. 11.  NRS 41.200 is hereby amended to read as follows:

      41.200  1.  [Where a] If an unemancipated minor has a disputed claim for money against a third person, either parent, or if the parents of the minor are living separate and apart, then the custodial parent, or if no custody award has been made, the parent with whom the minor is living, or if a general guardian or guardian of the estate of the minor has been appointed, then that guardian, has the right to compromise the claim. Such a compromise is not effective until it is approved by the district court of the county where the minor resides, or if the minor is not a resident of the State of Nevada, then by the district court of the county where the claim was incurred, upon a verified petition in writing, regularly filed with the court.


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ê1987 Statutes of Nevada, Page 1282 (Chapter 552, AB 599)ê

 

If the court approves the compromise, the court may direct the money to be paid to the father, mother or guardian of [such] the minor, with or without the filing of any bond, or it may require a general guardian or guardian ad litem to be [duly] appointed and the money to be paid to the guardian or guardian ad litem with or without a bond as in the discretion of the court seems to be in the best interests of the minor.

      2.  The clerk of the district court shall not charge any fee for filing a petition for leave to compromise or for placing the petition upon the calendar to be heard by the court.

      Sec. 12.  NRS 201.015 is hereby amended to read as follows:

      201.015  For the purposes of NRS 201.020 to 201.080, inclusive, “minor child” means a person who has not reached the age of majority as provided in NRS 129.010 [.] and has not been declared emancipated pursuant to sections 2 to 8, inclusive, of this act.

 

_______

 

 

CHAPTER 553, AB 203

Assembly Bill No. 203–Committee on Judiciary

CHAPTER 553

AN ACT relating to commodities; providing for the regulation of the buying and selling of commodities for investment; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 7 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 35, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 15, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 3.  “Administrator” means the administrator of the securities division of the office of the secretary of state.

      Sec. 4.  “Board of trade” means any person or group of persons engaged in buying or selling any commodity or receiving any commodity for sale on consignment, whether or not the person or group of persons is characterized as a board of trade, exchange or other form of market place.

      Sec. 5.  1.  “Commodity” means, except as otherwise provided in subsection 2 or specified by the administrator by regulation or order:

      (a) Any agricultural, grain or livestock product or byproduct;

      (b) Any metal or mineral, including a precious metal;

      (c) Any gem or gemstone whether characterized as precious, semiprecious or otherwise;

      (d) Any fuel, whether liquid, gaseous or otherwise;


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ê1987 Statutes of Nevada, Page 1283 (Chapter 553, AB 203)ê

 

      (e) Any foreign currency; and

      (f) All other goods, articles, products or items of any kind.

      2.  “Commodity” does not include:

      (a) A numismatic coin whose fair market value is at least 15 percent higher than the value of the metal it contains;

      (b) Real property or any timber, agricultural or livestock product grown or raised on real property and offered or sold by the owner or lessee of such real property; or

      (c) Any work of art offered or sold by art dealers, at public auction or offered or sold through a private sale by the owner thereof.

      Sec. 6.  1.  “Commodity contract” means any account, agreement or contract for the purchase or sale, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser, of one or more commodities, whether for immediate or subsequent delivery or whether delivery is intended by the parties, and whether characterized as a cash contract, deferred shipment or deferred delivery contract, forward contract, futures contract, installment or margin contract, leverage contract or otherwise. Any commodity contract offered or sold, in the absence of evidence to the contrary, is presumed to be offered or sold for speculation or investment purposes.

      2.  “Commodity contract” does not include any contract or agreement which requires, and under which the purchaser receives, within 28 calendar days after the payment of any portion of the purchase price, physical delivery of the total amount of each commodity to be purchased under the contract or agreement.

      Sec. 7.  “Commodity Exchange Act” means the act of Congress known as the Commodity Exchange Act (7 U.S.C. §§ 1 et seq).

      Sec. 8.  “Commodity Futures Trading Commission” means the independent regulatory agency established by Congress to administer the Commodity Exchange Act.

      Sec. 9.  “Commodity merchant” means any of the following, as defined or described in the Commodity Exchange Act or by a rule of the Commodity Futures Trading Commission:

      1.  A futures commission merchant;

      2.  A commodity pool operator;

      3.  A commodity trading adviser;

      4.  An introducing broker;

      5.  A leverage transaction merchant;

      6.  An associated person of any person listed in subsections 1 to 5, inclusive;

      7.  A floor broker; or

      8.  Any other person, other than a futures association, required to register with the Commodity Futures Trading Commission.

      Sec. 10.  “Commodity option” means any account, agreement or contract giving a party thereto the right but not the obligation to purchase or sell one or more commodities or one or more commodity contracts, whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty or otherwise, but does not include an option traded on a national securities exchange registered with the Securities and Exchange Commission.


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ê1987 Statutes of Nevada, Page 1284 (Chapter 553, AB 203)ê

 

characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty or otherwise, but does not include an option traded on a national securities exchange registered with the Securities and Exchange Commission.

      Sec. 11.  “Financial institution” means a bank, savings institution or trust company organized under, or supervised pursuant to, the laws of the United States or of any state.

      Sec. 12.  “Offer” includes every offer to sell, purchase or enter into a commodity contract or commodity option.

      Sec. 13.  1.  “Person” includes a government, governmental agency or political subdivision of a government.

      2.  “Person” does not include a contract market designated by the Commodity Futures Trading Commission or any clearinghouse thereof or a national securities exchange registered with the Securities and Exchange Commission, or any employee, officer or director of such a contract market, clearinghouse or exchange acting solely in that capacity.

      Sec. 14.  “Precious metal” means the following in either coin, bullion or other form:

      1.  Silver;

      2.  Gold;

      3.  Platinum;

      4.  Palladium;

      5.  Copper; and

      6.  Such other items as the administrator may specify by regulation or order.

      Sec. 15.  “Sale” or “sell” includes every contract of sale, contract to sell or disposition for value.

      Sec. 16.  Except as otherwise provided in sections 17 and 18 of this act, a person shall not sell or purchase or offer to sell or purchase any commodity under any commodity contract or under any commodity option or offer to enter into or enter into as seller or purchaser any commodity contract or any commodity option.

      Sec. 17.  The prohibitions in section 16 of this act do not apply to any transaction offered by and in which any of the following persons, or any employee, officer or director thereof acting solely in that capacity, is the purchaser or seller:

      1.  A person registered with the Commodity Futures Trading Commission as a futures commission merchant or as a leverage transaction merchant whose activities require such registration;

      2.  A person registered with the Securities and Exchange Commission as a broker-dealer whose activities require such registration;

      3.  A person affiliated with, and whose obligations and liabilities under the transaction are guaranteed by, a person referred to in subsection 1 or 2;

      4.  A person who is a member of a contract market designated by the Commodity Futures Trading Commission or any clearinghouse thereof;

      5.  A financial institution; or


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

ê1987 Statutes of Nevada, Page 1285 (Chapter 553, AB 203)ê

 

      6.  A person registered under the laws of this state as a securities broker-dealer whose activities require such registration.

The exemption provided in this section does not apply to any transaction or activity which is prohibited by the Commodity Exchange Act or by a rule of the Commodity Futures Trading Commission.

      Sec. 18.  1.  The prohibitions in section 16 of this act do not apply to the following:

      (a) An account, agreement or transaction within the exclusive jurisdiction of the Commodity Futures Trading Commission granted under the Commodity Exchange Act.

      (b) A commodity contract for the purchase of one or more precious metals which requires, and under which the purchaser receives, within 7 calendar days after the payment of any portion of the purchase price, physical delivery of the quantity of the precious metals purchased by the payment. For purposes of this paragraph, physical delivery shall be deemed to have occurred if, within the 7-day period, the quantity of precious metals purchased by the payment is delivered, whether in specifically segregated or fungible bulk form, into the possession of a depository other than the seller which is either:

             (1) A financial institution;

             (2) A depository the warehouse receipts of which are recognized for delivery purposes for any commodity on a contract market designated by the Commodity Futures Trading Commission;

             (3) A storage facility licensed or regulated by the United States or any agency thereof; or

             (4) A depository designated by the administrator,

and the depository issues, and the purchaser receives, a certificate, document of title, confirmation or other instrument evidencing that such a quantity of precious metals has been delivered to the depository and is being and will continue to be held by the depository on the purchaser’s behalf, free and clear of all liens and encumbrances, other than liens of the purchaser, tax liens, liens agreed to by the purchaser, or liens of the depository for fees and expenses, which have previously been disclosed to the purchaser.

      (c) A commodity contract solely between persons engaged in producing, processing, using commercially or handling as merchants, each commodity subject thereto, or any byproduct thereof.

      (d) A commodity contract under which the offeree or the purchaser is a person referred to in section 17 of this act, an insurance company, an investment company as defined in the Investment Company Act of 1940, or an employee pension and profit-sharing or benefit plan, other than a self-employed individual retirement plan or individual retirement account.

      2.  The administrator may adopt regulations or issue orders prescribing the terms and conditions of all transactions and contracts covered by the provisions of this chapter which are not within the exclusive jurisdiction of the Commodity Futures Trading Commission granted by the Commodity Exchange Act, exempting any person or transaction from any provision of this chapter conditionally or unconditionally and otherwise implementing the provisions of this chapter for the protection of purchasers and sellers of commodities.


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

ê1987 Statutes of Nevada, Page 1286 (Chapter 553, AB 203)ê

 

this chapter conditionally or unconditionally and otherwise implementing the provisions of this chapter for the protection of purchasers and sellers of commodities.

      Sec. 19.  1.  A person shall not engage in a trade or business or otherwise act as a commodity merchant unless the person:

      (a) Is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting the person as a commodity merchant and the registration or temporary license has not expired or been suspended or revoked; or

      (b) Is exempt from registration by virtue of the Commodity Exchange Act or of a rule of the Commodity Futures Trading Commission.

      2.  A board of trade must not trade, or provide a place for the trading of, any commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the Commodity Futures Trading Commission unless the board of trade has been designated for the commodity contract or commodity option and the designation has not been vacated, suspended or revoked.

      Sec. 20.  A person shall not directly or indirectly:

      1.  Cheat or defraud, or attempt to cheat or defraud, any other person or employ any device, scheme or artifice to defraud any other person;

      2.  Make any false report, enter any false record, or make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading;

      3.  Engage in any transaction, act, practice or course of business, including, without limitation, any form of advertising or solicitation, which operates or would operate as a fraud or deceit upon any person; or

      4.  Misappropriate or convert the money, security or property of any other person,

in or in connection with the purchase or sale of, the offer to purchase or sell, the offer to enter into, or the entry into of, any commodity contract or commodity option subject to the provisions of section 16 or 17 or paragraph (b) or (d) of subsection 1 of section 18 of this act.

      Sec. 21.  1.  The act, omission, or failure of any officer, agent or other person acting for any natural person, association, partnership, corporation or trust within the scope of his employment or office shall be deemed the act, omission or failure of the natural person, association, partnership, corporation or trust, as well as of the officer, agent or other person.

      2.  Every person who directly or indirectly controls another person liable under any provision of this chapter, every partner, officer or director of the liable person, every person occupying a similar status or performing similar functions as the liable person and every employee of the liable person who materially aids in the violation is also liable jointly and severally with and to the same extent as the liable person, unless the person who is also liable by virtue of this provision sustains the burden of proof that he did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.


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

ê1987 Statutes of Nevada, Page 1287 (Chapter 553, AB 203)ê

 

      Sec. 22.  Nothing in this chapter impairs, derogates or otherwise affects the authority or powers of the administrator under chapter 90 of NRS or the application of any provision thereof to any person or transaction subject thereto.

      Sec. 23.  The legislature intends that this chapter be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts and to maximize coordination with federal and other states’ law and the administration and enforcement thereof. This chapter is not intended to create any rights or remedies upon which actions may be brought by private persons against persons who violate the provisions of this chapter.

      Sec. 24.  1.  The administrator may make investigations, within or outside of this state, as he finds necessary or appropriate to:

      (a) Determine whether any person has violated, or is about to violate, any provision of this chapter or any regulation or order of the administrator; or

      (b) Aid in enforcement of this chapter.

      2.  The administrator may publish information concerning any violation of this chapter or any regulation or order of the administrator.

      3.  For purposes of any investigation or proceeding under this chapter, the administrator, or an officer or employee designated by the administrator, may administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the administrator finds to be relevant or material to the inquiry.

      4.  If a person does not give testimony or produce the documents required by the administrator or a designated officer or employee pursuant to an administrative subpena, the administrator or designated officer or employee may apply for a court order compelling compliance with the subpena or the giving of the required testimony.

      5.  The request for an order of compliance may be addressed to either:

      (a) The district court for the first judicial district;

      (b) The district court for any judicial district where service may be obtained on the person refusing to testify or produce, if the person is within this state; or

      (c) The appropriate court of the state having jurisdiction over the person refusing to testify or produce, if the person is outside of this state.

      Sec. 25.  1.  If the administrator believes, whether or not based upon an investigation conducted under section 24 of this act, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or a regulation adopted or order issued pursuant to its provisions, the administrator may:

      (a) Issue an order to cease and desist;

      (b) Take disciplinary action against a licensed person;

      (c) Issue an order imposing a civil penalty in an amount which may not exceed $10,000 for any single violation or $100,000 for multiple violations in a single proceeding or a series of related proceedings; or


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

ê1987 Statutes of Nevada, Page 1288 (Chapter 553, AB 203)ê

 

      (d) Initiate any of the actions specified in subsection 2.

      2.  The administrator may institute any of the following actions in the district courts of this state, or in the appropriate courts of another state, in addition to any legal or equitable remedies otherwise available:

      (a) An action for a declaratory judgment;

      (b) An action for a prohibitory or mandatory injunction to enjoin the violation and to ensure compliance with this chapter or any regulation or order of the administrator;

      (c) An action for disgorgement;

      (d) An action for appointment of a receiver or conservator for the defendant or the defendant’s assets; or

      (e) An action to enjoin permanently any person from acting as a commodity broker-dealer or a commodity sales representative.

      Sec. 26.  1.  Upon a proper showing by the administrator that a person has violated, or is about to violate, any provision of this chapter or any regulation or order of the administrator, the district court may grant appropriate legal or equitable remedies.

      2.  Upon a showing of a violation of this chapter or a regulation or order of the administrator, the court, in addition to traditional legal and equitable remedies, including a temporary restraining order, a permanent or temporary prohibitory or mandatory injunction, and a writ of prohibition or mandamus, may grant the following special remedies:

      (a) The imposition of a civil penalty in an amount which may not exceed $10,000 for any single violation or $100,000 for multiple violations in a single proceeding or a series of related proceedings;

      (b) Disgorgement;

      (c) A declaratory judgment;

      (d) Restitution to investors wishing restitution;

      (e) The appointment of a receiver or conservator for the defendant or the defendant’s assets; and

      (f) An injunction permanently enjoining a defendant from acting as a commodity broker-dealer or a commodity sales representative.

      3.  Upon a showing that the defendant is about to violate this chapter or a rule or order of the administrator, the court may grant the following remedies:

      (a) A temporary restraining order;

      (b) A temporary or permanent injunction;

      (c) A writ of prohibition or mandamus; and

      (d) An order appointing a receiver or conservator for the defendant or the defendant’s assets.

      4.  A court shall not require the administrator to post a bond in any official action under this chapter.

      Sec. 27.  1.  Upon a proper showing by the administrator or a securities or commodity agency of another state that a person has violated, or is about to violate, any provision of the commodity code of that state or any rule or order of the administrator or securities or commodity agency of that state, a district court in this state may grant appropriate legal and equitable remedies.


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

ê1987 Statutes of Nevada, Page 1289 (Chapter 553, AB 203)ê

 

district court in this state may grant appropriate legal and equitable remedies.

      2.  Upon a showing of a violation of the securities or commodity act of the foreign state or a rule or order of the administrator or securities or commodity agency of the foreign state, the court, in addition to traditional legal or equitable remedies, including a temporary restraining order, a permanent or temporary prohibitory or mandatory injunction and a writ of prohibition or mandamus, may grant the following special remedies:

      (a) Disgorgement; and

      (b) The appointment of a receiver, conservator or ancillary receiver or conservator for the defendant or the defendant’s assets located in this state.

      3.  Upon a showing that the defendant is about to violate the securities or commodity act of the foreign state or a rule or order of the administrator or securities or commodity agency of the foreign state, the court may grant the following remedies:

      (a) A temporary restraining order;

      (b) A temporary or permanent injunction;

      (c) A writ of prohibition or mandamus; and

      (d) An order appointing a receiver, conservator or ancillary receiver or conservator for the defendant or the defendant’s assets located in this state.

      Sec. 28.  1.  Except as otherwise provided in subsection 2, any person who willfully violates:

      (a) Any provision of this chapter; or

      (b) Any regulation or order of the administrator under this chapter,

shall, upon conviction, be punished by a fine of not more than $20,000 or by imprisonment in the state prison for not more than 10 years, or by both fine and imprisonment, for each violation.

      2.  Any person convicted of violating a regulation or order under this chapter may be fined, but may not be imprisoned, if the person proves he had no knowledge of the regulation or order.

      3.  The administrator may refer such evidence as is available concerning violations of this chapter or any regulation or order of the administrator to the attorney general or the proper district attorney, who may, with or without such a reference from the administrator, institute the appropriate criminal proceeding under this chapter.

      Sec. 29.  1.  This chapter must be administered by the administrator of the securities division of the office of the secretary of state.

      2.  It is unlawful for the administrator or any employee of the administrator to use for personal benefit any information which is filed with or obtained by the administrator and which is not made public. It is unlawful for the administrator or any employee of the administrator to conduct any dealings regarding a security or commodity based upon any such information, even though made public, if there has not been a sufficient period of time for the securities or commodity markets to assimilate such information.


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ê1987 Statutes of Nevada, Page 1290 (Chapter 553, AB 203)ê

 

      3.  Except as otherwise provided in subsection 4, all information and materials collected, assembled or maintained by the administrator are public records.

      4.  The following information is confidential:

      (a) Information obtained in private investigations pursuant to section 24 of this act; and

      (b) Information obtained from federal agencies which may not be disclosed under federal law.

      5.  The administrator in his discretion may disclose any information made confidential under subsection 4 to persons identified in subsection 1 of section 30 of this act.

      6.  No provision of this chapter either creates or derogates any privilege which exists at common law, by statute or otherwise when any documentary or other evidence is sought under subpena directed to the administrator or any employee of the administrator.

      Sec. 30.  1.  To encourage uniform application and interpretation of this chapter and regulation and enforcement of securities laws in general, the administrator and the employees of the administrator may cooperate, including bearing the expense of the cooperation, with the securities agency or administrator of another jurisdiction, Canadian province or territory, the Commodity Futures Trading Commission, the Securities and Exchange Commission, any self-regulatory organization established under the Commodity Exchange Act or the Securities Exchange Act of 1934, any national or international organization of officers or agencies which regulate commodities or securities, and any governmental law enforcement agency.

      2.  The cooperation authorized by subsection 1 includes, but is not limited to, the following:

      (a) Making joint examinations or investigations;

      (b) Holding joint administrative hearings;

      (c) Filing and prosecuting joint litigation;

      (d) Sharing and exchanging personnel;

      (e) Sharing and exchanging information and documents;

      (f) Formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes and releases; and

      (g) Issuing and enforcing subpenas at the request of the agency administering this chapter in another jurisdiction, the securities agency of another jurisdiction, the Commodity Futures Trading Commission or the Securities and Exchange Commission if the information sought would also be subject to lawful subpena for conduct occurring in this state.

      Sec. 31.  The administrator may adopt such regulations or issue such orders as are necessary to carry out the provisions of this chapter and which are in the public interest or for the protection of investors. The regulations or orders may:

      1.  Designate items which are not commodities;

      2.  Designate precious metals; and

      3.  Prescribe forms to be used pursuant to this chapter.


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ê1987 Statutes of Nevada, Page 1291 (Chapter 553, AB 203)ê

 

      Sec. 32.  1.  Every applicant for registration under this chapter shall file with the administrator, in the form prescribed by the administrator, an irrevocable consent appointing the administrator or his successor in office as his attorney to receive service of any lawful process in any noncriminal suit, action or proceeding against him or his successor, executor or administrator which arises under this chapter or any regulation adopted or order issued under this chapter after the consent has been filed, with the same force and validity as if served personally on the person filing the consent.

      2.  When a person, including a nonresident of this state, engages in conduct prohibited or made actionable by this chapter, or by any regulation or order of the administrator, the engaging in the conduct shall be deemed to constitute the appointment of the administrator as the person’s attorney to receive service of any lawful process in a noncriminal proceeding against the person, a successor or a personal representative, which grows out of that conduct and which is brought under this chapter or any regulation or order of the administrator with the same force and validity as if served personally.

      3.  Service under subsection 1 or 2 may be made by leaving a copy of the process in the office of the administrator, but it is not effecting unless:

      (a) The plaintiff, who may be the administrator in a suit, action or proceeding instituted by him, forthwith sends notice of the service and a copy of the process by registered mail to the defendant or respondent at his last address known to the administrator; and

      (b) The plaintiff’s affidavit of compliance with this subsection is filed in the case on or before the date for return of the process, if any, or within such further time as the court allows.

      Sec. 33.  1.  Sections 16, 19 and 20 of this act apply to persons who sell or offer to sell when:

      (a) An offer to sell is made in this state; or

      (b) An offer to buy is made and accepted in this state.

      2.  Sections 16, 19 and 20 of this act apply to persons who buy or offer to buy when:

      (a) An offer to buy is made in this state; or

      (b) An offer to sell is made and accepted in this state.

      3.  For the purposes of this section, an offer to sell or to buy is made in this state, whether or not either party is then present in this state, when the offer:

      (a) Originates from this state; or

      (b) Is directed by the offeror to this state and received at the place to which it is directed, or at any post office in this state in the case of a mailed offer.

      4.  For the purposes of this section, an offer to buy or to sell is accepted in this state when acceptance:

      (a) Is communicated to the offeror in this state; and

      (b) Has not previously been communicated to the offeror, orally or in writing, outside this state.


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ê1987 Statutes of Nevada, Page 1292 (Chapter 553, AB 203)ê

 

Acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror in this state, reasonably believing the offeror to be in this state and it is received at the place to which it is directed, or at any post office in this state in the case of a mailed acceptance.

      5.  For the purposes of this section, an offer to sell or to buy is not made in this state when:

      (a) The publisher circulates or there is circulated on his behalf in this state a bona fide newspaper or other publication of general, regular and paid circulation which is not published in this state, or which is published in this state but has had more than two-thirds of its circulation outside this state during the past 12 months; or

      (b) A radio or television program originating outside this state is received in this state.

      Sec. 34.  1.  The administrator shall commence an administrative proceeding under this chapter by entering either a notice of intent to do a contemplated act or a summary order. The notice of intent or summary order may be entered without notice or opportunity for hearing, and need not be supported by findings of fact or conclusions of law, but must be in writing.

      2.  Upon entry of a notice of intent or summary order, the administrator shall promptly notify all interested parties that the notice or summary order has been entered and the reasons therefor. If the proceeding is pursuant to a notice of intent, the administrator shall inform all interested parties of the date, time and place set for the hearing on the notice. If the proceeding is pursuant to a summary order, the administrator shall inform all interested parties that they have 30 business days after the entry of the order to file a written request for a hearing on the matter with the administrator and that the hearing will be scheduled to commence within 30 business days after the receipt of the written request.

      3.  If the proceeding is pursuant to a summary order, the administrator, whether or not a written request for a hearing is received from any interested party, may set the matter for hearing on the administrator’s own motion.

      4.  If no hearing is requested and none is ordered by the administrator, the summary order automatically becomes a final order 30 business days after the entry of the order.

      5.  If a hearing is requested or ordered, the administrator, after notice of and opportunity for a hearing, may modify or vacate the order or extend it until a final determination is made.

      6.  No final order or order after a hearing may be returned without:

      (a) Appropriate notice to all interested persons;

      (b) Opportunity for hearing by all interested persons; and

      (c) Entry of written findings of fact and conclusions of law.

Every hearing in an administrative proceeding under this chapter must be public unless the administrator grants a request joined in by all the respondents that the hearing be conducted privately.


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ê1987 Statutes of Nevada, Page 1293 (Chapter 553, AB 203)ê

 

      Sec. 35.  1.  Any person aggrieved by a final order of the administrator may obtain judicial review of the order in the district court for the first judicial district by filing with the court, within 60 days after the entry of the order, a written petition praying that the order be modified or set aside in whole or in part. A copy of the petition for review must be served upon the administrator.

      2.  Upon the filing of a petition for review, unless the court orders the taking of additional evidence pursuant to subsection 5 or 6, the court has exclusive jurisdiction of the matter, and the administrator may not modify or set aside the order, in whole or in part.

      3.  The filing of a petition for review under subsection 1 does not, unless specifically ordered by the court, operate as a stay of the administrator’s order, and the administrator may enforce or ask the court to enforce the order pending the outcome of the proceedings.

      4.  Upon receipt of the petition for review, the administrator shall certify and file in the court a copy of the order and the transcript or record of the evidence upon which it was based. If the order became final by operation of law under subsection 4 of section 34 of this act, the administrator shall certify and file in court the summary order, evidence of its source and an affidavit certifying that no hearing has been held and that the order became final pursuant to that subsection.

      5.  If either the aggrieved party or the administrator applies to the court for leave to submit additional evidence, and shows to the satisfaction of the court that there were reasonable grounds for failure to submit the evidence in the hearing before the administrator or other good cause, the court may order the additional evidence to be taken by the administrator under such conditions as the court considers proper.

      6.  If new evidence is ordered taken by the court, the administrator may modify the findings and order by reason of the additional evidence and shall file in the court the additional evidence together with any modified or new findings or order.

      7.  The court shall review the petition based upon the original record before the administrator as amended under subsections 5 and 6. The findings of the administrator as to the facts, if supported by competent, material and substantive evidence, are conclusive. Based upon this review, the court may affirm, modify, enforce or set aside the order, in whole or in part.

      8.  The judgment of the court is subject to review by the supreme court.

      Sec. 36.  NRS 90.109 is hereby amended to read as follows:

      90.109  1.  This chapter must be administered by the secretary of state [.] and the administrator of the securities division of the office of the secretary of state. The secretary of state may [appoint a deputy and] employ other personnel necessary to administer the provisions of this chapter. [The position of the deputy is unclassified and in addition to the two unclassified positions in the office of the secretary of state authorized by subsection 3 of NRS 284.140.]


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ê1987 Statutes of Nevada, Page 1294 (Chapter 553, AB 203)ê

 

      2.  It is unlawful for the administrator or any of his deputies or employees to use for personal benefit any information which is obtained by the administrator and which is not made public. No provision of this chapter authorizes the administrator or any of his deputies or employees to disclose any such information except among themselves or when necessary or appropriate in a proceeding or investigation under this chapter. No provision of this chapter either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpena directed to the administrator or any of his deputies or employees.

      3.  All applications, statements, documents and other information filed with the administrator pursuant to the provisions of this chapter are public records and must be open at all times during office hours to inspection by any person.

      Sec. 37.  Chapter 225 of NRS is hereby amended by adding thereto a new section to read as follows:

      There is hereby created within the office of the secretary of state a securities division. The secretary of state shall appoint a deputy as administrator of the division. The position of the deputy is unclassified and is in addition to the two unclassified positions in the office of the secretary of state authorized by subsection 3 of NRS 284.140.

      Sec. 38.  NRS 233B.039 is hereby amended to read as follows:

      233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter:

      (a) The governor.

      (b) The department of prisons.

      (c) The University of Nevada System.

      (d) The department of the military.

      (e) The state gaming control board.

      (f) The Nevada gaming commission.

      (g) The state board of parole commissioners.

      (h) The welfare division of the department of human resources.

      (i) The state board of examiners acting pursuant to chapter 217 of NRS.

      2.  The department of education, the committee on group insurance and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      3.  The Nevada state board of accountancy is not subject to the provisions of this chapter for the purpose of adopting rules of professional conduct for accountants and auditors.

      4.  The special provisions of:

      (a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security department;

      (b) Chapters 616 and 617 of NRS for the determination of contested claims; [and]

      (c) Chapter 703 of NRS for the judicial review of decisions of the public service commission of Nevada [,] ; and


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ê1987 Statutes of Nevada, Page 1295 (Chapter 553, AB 203)ê

 

      (d) Sections 2 to 35, inclusive, of this act, for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state,

prevail over the general provisions of this chapter.

      5.  The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

      6.  The provisions of this chapter do not apply to any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control.

      Sec. 39.  This act becomes effective on January 1, 1988.

 

_______

 

 

CHAPTER 554, AB 790

Assembly Bill No. 790–Committee on Judiciary

CHAPTER 554

AN ACT relating to statutes; making technical corrections to certain inappropriate or inaccurate statutory terms; repealing certain obsolete provisions; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 7.125 is hereby amended to read as follows:

      7.125  1.  Except as limited by subsections 2, 3 and 4, an attorney other than a public defender appointed by a magistrate or a district court to represent or defend a defendant at any stage of the criminal proceedings from the defendant’s initial appearance before the magistrate or the district court through the appeal, if any, is entitled to receive a fee in accordance with the following schedule:

      (a) For consultation, research and other time reasonably spent on the matter to which the appointment is made, except court appearances, $40 per hour.

      (b) For court appearances, $60 per hour.

      2.  The total fee for each attorney in any matter regardless of the number of offenses charged or ancillary matters pursued must not exceed:

      (a) If the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, $6,000;


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ê1987 Statutes of Nevada, Page 1296 (Chapter 554, AB 790)ê

 

      (b) If the most serious crime is a felony other than a felony included in paragraph (a) or is a gross misdemeanor, $2,500;

      (c) If the most serious crime is a misdemeanor, $750;

      (d) For an appeal of one or more misdemeanor convictions, $750; or

      (e) For an appeal of one or more gross misdemeanor or felony convictions, $2,500.

      3.  An attorney appointed by a district court to represent an indigent petitioner for a writ of habeas corpus or other post-conviction relief, if the petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or felony, is entitled to be paid a fee not to exceed $750.

      4.  If the appointing court because of:

      (a) The complexity of a case or the number of its factual or legal issues;

      (b) The severity of the offense;

      (c) The time necessary to provide an adequate defense; or

      (d) Other special circumstances,

deems it appropriate to grant a fee in excess of the applicable maximum, the payment must be made, but only if the court in which the representation was rendered certifies that the amount of the excess payment is both reasonable and necessary and the payment is approved by the presiding judge of the judicial district in which the attorney was appointed, or if there is no such presiding judge or if he presided over the court in which the representation was rendered, then by the district judge who holds seniority in years of service in office.

      5.  The magistrate, the district court or the supreme court may, in the interests of justice, substitute one appointed attorney for another at any stage of the proceedings, but the total amount of fees granted all appointed attorneys must not exceed those allowable if but one attorney represented or defended the defendant at all stages of the criminal proceeding.

      [6.  A claim made pursuant to this section must not be paid unless it is submitted within 60 days after the appointment is terminated and a statement made under oath is submitted specifying:

      (a) The amount of time spent on the matter;

      (b) The type of service rendered;

      (c) The amount of expenses incurred; and

      (d) Any compensation or reimbursement which is applied for or received from any other source.]

      Sec. 2.  NRS 7.145 is hereby amended to read as follows:

      7.145  1.  [Claims] A claim for compensation and expenses [shall be made] made pursuant to NRS 7.125 or 7.135 must not be paid unless it is submitted within 60 days after the appointment is terminated to:

      (a) The magistrate in cases in which the representation was rendered exclusively before him; and

      (b) The district court in all other cases.

      2.  Each claim [shall] must be supported by a sworn statement specifying the time expended in court, the services rendered out of court and the time expended therein, the expenses incurred while the case was pending and the compensation and reimbursement applied for or received in the same case from any other source.


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ê1987 Statutes of Nevada, Page 1297 (Chapter 554, AB 790)ê

 

compensation and reimbursement applied for or received in the same case from any other source. Except as otherwise provided for the approval of payments in excess of the statutory limit, the magistrate or the court to which the claim is submitted shall fix and certify the compensation and expenses to be paid, and the amounts so certified [shall] must be paid in accordance with NRS 7.155.

      Sec. 3.  NRS 37.010 is hereby amended to read as follows:

      37.010  Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public purposes:

      1.  Federal activities. All public purposes authorized by the Government of the United States.

      2.  State activities. Public buildings and grounds for the use of the state, the University of Nevada and all other public purposes authorized by the legislature.

      3.  County, city, town and school district activities. Public buildings and grounds for the use of any county, incorporated city or town, or school district, reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, incorporated city or town, for draining any county, incorporated city or town, for raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels, for roads, streets and alleys, and all other public purposes for the benefit of any county, incorporated city or town, or the inhabitants thereof.

      4.  Bridges, toll roads, railroads, street railways and similar uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, roads for transportation by traction engines or locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation.

      5.  Ditches, canals, aqueducts for smelting, domestic uses, irrigation and reclamation. Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines, mills, smelters or other works for the reduction of ores, with water for domestic and other uses, for irrigating purposes, for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.

      6.  Mining, smelting and related activities. Mining, smelting and related activities as follows:

      (a) Mining and related activities, which are recognized as the paramount interest of this state.

      (b) Roads, railroads, tramways, tunnels, ditches, flumes, pipes and dumping places to facilitate the milling, smelting or other reduction of ores, or the working of mines, and for all mining purposes, outlets, natural or otherwise, for the deposit or conduct of tailings, refuse, or water from mills, smelters, or other work for the reduction of ores from mines, mill dams, pipe lines, tanks or reservoirs for natural gas or oil, an occupancy in common by the owners or possessors of different mines, mills, smelters or other places for the reduction of ores, or any place for the flow, deposit or conduct of tailings or refuse matter and the necessary land upon which to erect smelters and to operate them successfully, including the deposit of fine flue dust, fumes and smoke.


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ê1987 Statutes of Nevada, Page 1298 (Chapter 554, AB 790)ê

 

conduct of tailings or refuse matter and the necessary land upon which to erect smelters and to operate them successfully, including the deposit of fine flue dust, fumes and smoke.

      7.  Byroads. Byroads leading from highways to residences and farms.

      8.  Public utilities. Lines for telegraph, telephone, electric light and electric power and sites for plants for electric light and power.

      9.  Sewerage. Sewerage of any city, town, settlement of not less than 10 families or any public building belonging to the state or college or university.

      10.  Water for generation and transmission of electricity. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and storing water for the operation of machinery to generate and transmit electricity for power, light or heat.

      11.  Cemeteries, public parks. Cemeteries or public parks.

      12.  Pipe lines of beet sugar industry. Pipe lines to conduct any liquids connected with the manufacture of beet sugar.

      13.  Pipe lines for petroleum products, natural gas. Pipe lines for the transportation of crude petroleum, petroleum products or natural gas, whether interstate or intrastate.

      14.  Aviation. Airports, facilities for air navigation and aerial rights of way.

      15.  Monorails. Monorails and any other overhead or underground system used for public transportation.

      16.  Community antenna television companies. Community antenna television companies [which have received a certificate of public convenience and necessity from the public service commission of Nevada, or, in counties having a population of 250,000 or more, companies] which have been granted a franchise from the governing body of the jurisdictions in which they provide services . [, including] The exercise of the power of eminent domain may include the right to use the wires, conduits, cables or poles of any [other] public utility if:

      (a) It creates no substantial detriment to the service provided by the utility;

      (b) It causes no irreparable injury to the utility; and

      (c) The public service commission of Nevada, after giving notice and affording a hearing to all persons affected by the proposed [exercise of the power of eminent domain,] use of the wires, conduits, cables or poles, has found that it is in the public interest.

      17.  Redevelopment. The acquisition of property pursuant to NRS 279.382 to 279.680, inclusive.

      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. If an attorney is not retained for the child, or if it does not appear that an attorney will be retained, an attorney must be appointed for the child, unless waived.


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ê1987 Statutes of Nevada, Page 1299 (Chapter 554, AB 790)ê

 

      2.  If an attorney is appointed to represent a child, the parents of that child shall pay the reasonable fees and expenses of the attorney unless they are indigent.

      3.  The parent, guardian or custodian may be represented by an attorney at all stages of the proceedings.

      4.  Each attorney 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.  Chapter 108 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a person removes a child from a child care establishment or abandons a child in that establishment for 3 months, the keeper or proprietor of that establishment may sell or cause to be sold at public auction any baggage or property left at that establishment. The sale must be made in the manner provided in NRS 108.480, 108.490 and 108.500.

      2.  The proceeds of the sale, after payment of any indebtedness due for the care of the child and the costs of the sale, must be paid to the county treasurer to be held by him for 6 months for the benefit of the owner of the property sold.

      3.  If the proceeds are not paid to the owner or any other person entitled to receive them within that period, the proceeds must be deposited in the county school district fund of the county.

      4.  As used in this section:

      (a) “Care” includes board, laundry, lodging, teaching, incidental materials and supplies, necessary articles of apparel or clothing and necessary medical, nursing or hospital service for which a child care establishment is liable.

      (b) “Child care establishment” includes any children’s home, day nursery, kindergarten, nursery school or other similar establishment however designated, maintained or operated for the care of children for compensation or hire.

      Sec. 6.  NRS 111.270 is hereby amended to read as follows:

      111.270  1.  A certificate, when made for an acknowledgment by a natural person, corporation or partnership, must be in substantially the following form:

 

State of Nevada                                            }

                                                                        }ss.

County of..................................................... }

      On ...................................(date) personally appeared before me, a notary public (or judge or other authorized person, as the case may be), ................................., who acknowledged that he executed the above instrument.

 

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

                                                                                                        (Signature)


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ê1987 Statutes of Nevada, Page 1300 (Chapter 554, AB 790)ê

 

      2.  Any acknowledgment made before July 1, 1967, which is in a form substantially the same as that contained in subsection 1, is a valid acknowledgment.

      Sec. 7.  NRS 118B.190 is hereby amended to read as follows:

      118B.190  1.  An oral or written agreement between a landlord and tenant for the rental or lease of a mobile home lot in a mobile home park in this state must not be terminated by the landlord except upon notice in writing to the tenant served in the manner provided in NRS 40.280:

      (a) Five days in advance if the termination is because the conduct of the tenant constitutes a nuisance as described in subsection [7] 6 of NRS 118B.200.

      (b) Ten days in advance if the termination is because of failure of the tenant to pay rent, utility charges or reasonable service fees.

      (c) Ninety days in advance if the termination is because of a change in the use of the land by the landlord pursuant to NRS 118B.180.

      (d) Forty-five days in advance if the termination is for any other reason.

      2.  The landlord shall specify in the notice the reason for the termination of the agreement. The reason relied upon for the termination must be set forth with specific facts so that the date, place and circumstances concerning the reason for the termination can be determined. The termination must be in accordance with the provisions of NRS 118B.200 and reference alone to a provision of that section does not constitute sufficient specificity under this subsection.

      3.  The service of such a notice does not enhance the landlord’s right, if any, to enter the tenant’s mobile home. Except in an emergency, the landlord shall not enter the mobile home of the tenant served with such a notice without the tenant’s permission or a court order allowing the entry.

      4.  If a tenant remains in possession of the mobile home lot with the landlord’s consent after expiration of the term of the rental agreement, the tenancy is from week to week in the case of a tenant who pays weekly rent, and in all other cases the tenancy is from month to month. The tenant’s continued occupancy is on the same terms and conditions as were contained in the rental agreement unless specifically agreed otherwise in writing.

      5.  The landlord and tenant may agree to a specific date for termination of the agreement. If any provision of this chapter specifies a period of notice which is longer than the period of a particular tenancy, the required length of the period of notice is controlling.

      Sec. 8.  NRS 120A.360 is hereby amended to read as follows:

      120A.360  1.  Except as provided in subsection 4, all abandoned property other than money delivered to the division under this chapter must, within 1 year after the delivery, be sold by the administrator to the highest bidder at public sale in whatever city in the state affords in his judgment the most favorable market for the property involved. The administrator may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient.


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ê1987 Statutes of Nevada, Page 1301 (Chapter 554, AB 790)ê

 

      2.  Any sale held under this section must be preceded by a single publication of notice thereof at least 2 weeks in advance of sale in a newspaper of general circulation in the county where the property is to be sold.

      3.  The purchaser at any sale conducted by the administrator pursuant to this chapter is vested with title to the property purchased, free from all claims of the owner or prior holder and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of title.

      4.  The administrator need not offer any property for sale if in his opinion the probable cost of sale exceeds the value of the property. The administrator may destroy or otherwise dispose of such property or may transfer such property to:

      (a) The Nevada museum and historical society, the Nevada state museum or the Nevada historical society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation; or

      (b) A genealogical library, upon its written request, if the property has genealogical value and is not wanted by the Nevada museum and historical society, the Nevada state museum or the Nevada historical society.

An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.

      Sec. 9.  NRS 128.100 is hereby amended to read as follows:

      128.100  1.  In any proceeding for terminating parental rights, or any rehearing or appeal thereon, the court may appoint an attorney to represent the child as his counsel and guardian ad litem.

      2.  If the parent or parents of the child desire to be represented by counsel, but are indigent, the court may appoint an attorney for them.

      3.  Each attorney 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. 10.  NRS 144.070 is hereby amended to read as follows:

      144.070  The inventory [shall] must be signed by the appraiser or appraisers, and the executor or administrator shall take and subscribe an oath, before any [officer] person authorized to administer oaths, that the inventory contains a true statement of all the estate of the deceased which has come to his possession or of which he has knowledge, and particularly of all [moneys] money belonging to the deceased, and of all just claims of the deceased against the executor or administrator. The oath [shall] must be endorsed upon or annexed to the inventory.

      Sec. 11.  NRS 174.195 is hereby amended to read as follows:

      174.195  If a defendant is without counsel the court shall advise him of his right and assign counsel to represent him unless the defendant elects to proceed without counsel or is able to obtain counsel. If it appears that a defendant at whose instance a deposition is to be taken cannot bear the expense thereof, the court may direct that the expenses of the court reporter and of travel and subsistence of the defendant’s attorney for attendance at the examination [shall] must be paid as provided in NRS [7.125] 7.135.


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ê1987 Statutes of Nevada, Page 1302 (Chapter 554, AB 790)ê

 

expense thereof, the court may direct that the expenses of the court reporter and of travel and subsistence of the defendant’s attorney for attendance at the examination [shall] must be paid as provided in NRS [7.125] 7.135.

      Sec. 12.  Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 13, 14 and 15 of this act.

      Sec. 13.  As used in sections 14 and 15 of this act, unless the context otherwise requires:

      1.  “Care” includes board, laundry, lodging, teaching, incidental materials and supplies, necessary articles of apparel or clothing and necessary medical, nursing or hospital service for which a child care establishment is liable.

      2.  “Child care establishment” includes any children’s home, day nursery, kindergarten, nursery school or other similar establishment however designated, maintained or operated for the care of children for compensation or hire.

      Sec. 14.  1.  Any person who obtains care for any child in any child care establishment with intent to defraud the keeper or proprietor of that establishment is guilty of a misdemeanor.

      2.  This section does not apply where there has been an agreement in writing for delay in payment for a period exceeding 10 days.

      Sec. 15.  The obtaining of care for a child in a child care establishment by means of any false pretense or representation, knowingly made, or the refusal or willful neglect to pay for that care, or the giving in payment for that care of any negotiable paper on which payment is refused, or the removal of a child from such an establishment without paying or offering to pay for the child’s care, or the surreptitious removal or attempt to remove a child from that establishment, is prima facie evidence of intent to defraud the keeper or proprietor of that establishment.

      Sec. 16.  NRS 217.095 is hereby amended to read as follows:

      217.095  1.  A person is eligible for an emergency award under this section if he lacks financial resources which would allow him to pay compensable costs before a final award is made.

      2.  A person may request an emergency award in his application to the board for compensation. An emergency award may be made to:

      (a) Replace money lost as a direct consequence of criminal action if the applicant needs to replace the lost money to pay his expenses for the next 30 days. An award pursuant to this paragraph must not exceed $400.

      (b) Pay for the replacement or repair of lost or damaged property which is essential to the physical or psychological health of the applicant. Such property includes, but is not limited to, eyeglasses [,] or dentures and other prosthetic devices, and locks, windows and doors of the victim’s dwelling. An award pursuant to this paragraph must not exceed $1,000.

An emergency award must be granted if the applicant submits sufficient evidence to establish a prima facie case for granting compensation pursuant to NRS 217.010 to 217.270, inclusive, and to satisfy the requirements of this section.


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ê1987 Statutes of Nevada, Page 1303 (Chapter 554, AB 790)ê

 

      3.  The board shall refer the application for an emergency award and any supporting documents to a compensation officer within 2 working days after the application is received. The compensation officer shall investigate the application and submit a report to a hearing officer within 5 days after receiving the application. The hearing officer shall render a decision on any report submitted to him within 3 days after its receipt.

      4.  No award may be made pursuant to this section unless the application is submitted within 45 days after the date of the personal injury or death on which the claim is based or, if an application could not reasonably have been submitted within that period, within 15 days after an application could reasonably have been submitted.

      5.  The amount of any emergency award must be deducted from any award subsequently granted.

      Sec. 17.  (Deleted by amendment.)

      Sec. 18.  NRS 232.306 is hereby amended to read as follows:

      232.306  1.  The commission shall meet at the call of the chairman at least 6 times but not more than 12 times a year. A meeting may last for more than 1 day. A majority of the members of the commission constitutes a quorum and is required to transact any business of the commission.

      2.  Each member of the commission is entitled to receive a salary of $60 for each day he is engaged in the business of the commission . [and the per diem allowance and travel expenses as provided for state officers and employees.]

      3.  A person is ineligible for appointment to or continued service on the commission if he or his spouse owns an interest in or is employed by any enterprise or organization, whether or not conducted for profit, which derives 25 percent or more of its gross revenues from the mental hygiene and mental retardation division.

      Sec. 19.  NRS 240.060 is hereby amended to read as follows:

      240.060  1.  Each notary public may:

      (a) Administer oaths or affirmations;

      (b) Take acknowledgments [;] and depositions;

      (c) Certify copies; [and]

      (d) Execute jurats [.] ; and

      (e) Perform such other duties as may be prescribed by specific statute.

      2.  A notary public shall perform notarial acts in lawful transactions for a person who requests the act and tenders the appropriate fee.

      Sec. 20.  NRS 252.100 is hereby amended to read as follows:

      252.100  1.  If the district attorney fails to attend any session of the district court, or for any reason is disqualified from acting in any matter coming before the court, the court may appoint some other person to perform the duties of the district attorney, who [shall] is entitled to receive the same compensation and expenses from the county as [attorneys appointed pursuant to the provisions of NRS 7.125.] provided in NRS 7.125 and 7.135 for an attorney who is appointed to represent a person charged with a crime.


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ê1987 Statutes of Nevada, Page 1304 (Chapter 554, AB 790)ê

 

      2.  If the district attorney [shall willfully neglect] willfully neglects to attend any session of the district court the amount so paid [shall] must be deducted by the board of county commissioners from the salary allowed to the district attorney.

      Sec. 21.  NRS 266.095 is hereby amended to read as follows:

      266.095  1.  Each incorporated city of the first class [shall] must be divided into eight municipal wards. Each incorporated city of the second class [shall] must be divided into three or five municipal wards [.] as provided by ordinance. Each incorporated city of the third class [shall] must be divided into three municipal wards.

      2.  The division of cities into wards [shall,] must, during the incorporation thereof, be made by the board of county commissioners. The wards [shall] must as nearly as practicable be of equal population and in compact form.

      3.  Once established, the boundaries of wards [shall] must be changed by ordinance of the city council whenever, as determined at the close of registration [prior to] before each general [state] election, the number of registered voters in any ward exceeds the number of registered voters in any other ward by more than 5 percent.

      Sec. 22.  NRS 278.350 is hereby amended to read as follows:

      278.350  Unless a longer time is provided in an agreement entered into pursuant to NRS 278.0201:

      1.  The time limit for acting and reporting on a tentative or final map may be extended by mutual consent of the subdivider and the governing body or planning commission, as the case may be.

      2.  If no action is taken within the time limits set forth in NRS 278.010 to 278.630, inclusive, a tentative map as filed shall be deemed to be approved, and the clerk of the governing body, or the planning commission if it has been authorized to act finally, shall certify the map as approved.

      Sec. 23.  NRS 278.360 is hereby amended to read as follows:

      278.360  Unless a longer time is provided in an agreement entered into pursuant to NRS 278.0201:

      1.  Unless the time is extended, the subdivider shall present to the governing body, or planning commission if it has been authorized to act finally, a final map, prepared in accordance with the tentative map, for the entire area for which a tentative map has been approved, or one of a series of final maps, each covering a portion of the approved tentative map, within 1 year or within successive 1-year periods after the date of approval of the tentative map.

      2.  If the subdivider fails to record a final map for any portion of the tentative map within 1 year after the date of approval of the tentative map, or within 1 year after the date of approval of the most recently recorded final map, all proceedings concerning the subdivision are terminated.

      3.  The governing body or planning commission may grant an extension of not more than 1 year for the presentation of any final map after the 1-year period for presenting the entire final map or next successive final map has expired.


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ê1987 Statutes of Nevada, Page 1305 (Chapter 554, AB 790)ê

 

      Sec. 24.  NRS 278A.510 is hereby amended to read as follows:

      278A.510  Unless the time is specified in an agreement entered into pursuant to NRS 278.0201, if a plan is granted tentative approval, with or without conditions, the city or county shall set forth, in the minute action, the time within which an application for final approval of the plan must be filed or, in the case of a plan which provides for development over a period of years, the periods within which application for final approval of each part thereof must be filed.

      Sec. 25.  NRS 288.170 is hereby amended to read as follows:

      288.170  1.  Each local government employer which has recognized one or more employee organizations shall determine, after consultation with [such] the recognized organization or organizations, which group or groups of its employees constitute an appropriate unit or units for negotiating . [purposes.] The primary criterion for [such determination shall be] that determination must be the community of interest among the employees concerned. A principal, assistant principal or other school administrator below the rank of superintendent, associate superintendent or assistant superintendent shall not be a member of the same bargaining unit with public school teachers unless the school district employs fewer than five principals but may join with other officials of the same specified ranks to negotiate as a separate bargaining unit. A department head of a local government , [department head,] administrative employee or supervisory employee shall not be a member of the same bargaining unit as the employees under his direction. Any dispute between the parties as to whether an employee is a supervisor [shall] must be submitted to the board. In all cases, confidential employees of the local government employer [shall] must be excluded from any bargaining unit.

      2.  If any employee organization is aggrieved by the determination of a bargaining unit, it may appeal to the board. Subject to judicial review, the decision of the board is binding upon the local government employer and employee organizations involved. The board shall apply the same criterion as specified in subsection 1.

      3.  As used in this section, “confidential employee” means an employee who is privy to the decisions of management affecting employee relations, including all employees of the personnel department or its equivalent.

      Sec. 26.  (Deleted by amendment.)

      Sec. 27.  NRS 345.010 is hereby amended to read as follows:

      345.010  Upon publication of the Statutes of Nevada, the director of the legislative counsel bureau shall distribute them without charge as follows:

      1.  To each of the judges of the District Court of the United States for the District of Nevada, one copy.

      2.  To the supreme court law library, two copies.

      3.  To each justice of the supreme court, clerk of the supreme court, district judge, county clerk, district attorney, justice of the peace and municipal judge in this state, one copy.


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ê1987 Statutes of Nevada, Page 1306 (Chapter 554, AB 790)ê

 

      4.  To each public library in this state, one copy.

      5.  To each library in the University of Nevada System, one copy.

      6.  To the Nevada historical society, one copy.

      7.  Upon request, to any state, county or municipal officer.

      Sec. 28.  NRS 345.020 is hereby amended to read as follows:

      345.020  Upon receipt of copies of each volume of Nevada Reports from the superintendent of the state printing and micrographics division of the department of general services, the director of the legislative counsel bureau shall distribute them without charge as follows:

      1.  To each of the judges of the District Court of the United States for the District of Nevada, one copy.

      2.  The supreme court law library, two copies.

      3.  To each justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, justice of the peace and municipal judge in this state, one copy.

      4.  To each public library in this state, one copy.

      5.  To each library in the University of Nevada System, one copy.

      6.  To the Nevada historical society, one copy.

      7.  Upon request, to any state, county or municipal officer.

      Sec. 29.  NRS 355.172 is hereby amended to read as follows:

      355.172  1.  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 [or other] , 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 [other] the appropriate officer of a local government may physically possess [such] 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 [other] 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 [or other] , 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 [other] 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.


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ê1987 Statutes of Nevada, Page 1307 (Chapter 554, AB 790)ê

 

      Sec. 30.  NRS 365.570 is hereby amended to read as follows:

      365.570  1.  It is unlawful for any person:

      (a) To refuse or neglect to make any statement, report or return required by the provisions of this chapter;

      (b) Knowingly to make, or aid or assist any other person in making, a false statement in a report to the department or in connection with an application for refund of any tax;

      (c) Knowingly to collect or attempt to collect or cause to be repaid to him or to any person, either directly or indirectly, any refund of any tax without being entitled to the same;

      (d) To engage in business in this state as a dealer or to act as a carrier of motor vehicle fuel, fuel for jet or turbine-powered aircraft, special fuel or other inflammable or combustible liquids without being the holder of an uncanceled license authorizing him to engage in such business or to act in such capacity;

      (e) To sell any motor vehicle fuel or fuel for jet or turbine-powered aircraft upon which the tax imposed by this chapter has not been paid, purchased by or consigned to him by any person other than a licensed dealer; or

      (f) To act as an agent to sell any motor vehicle fuel or fuel for jet or turbine-powered aircraft, obtained in any manner, upon which the tax imposed by this chapter has not been paid.

      2.  Each day or part thereof during which any person engages in business as a dealer without being the holder of an uncanceled license constitutes a separate offense within the meaning of this section.

      [3.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.]

      Sec. 31.  NRS 378.250 is hereby amended to read as follows:

      378.250  The state librarian may:

      1.  Receive into the archives any material from a state agency if he finds that it is of historical value.

      2.  With the approval of the state board of examiners, return to the state agency from which it was received, material in the archives which he finds is not of historical value.

      3.  Receive into the archives any material which has been directed to be deposited in the archives by an order or resolution of the governing body of a local governmental entity, if he finds that it is of historical value.

      4.  With the approval of the state board of examiners, turn over to the :

      (a) Nevada historical society [,] ;

      (b) Nevada state museum ;

      (c) Nevada museum and historical society;

      (d) Nevada railroad museum; or [the]

      (e) University of Nevada System ,

any material in the archives which he finds to be surplus, not properly in the archives, or appropriate to be kept elsewhere.


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ê1987 Statutes of Nevada, Page 1308 (Chapter 554, AB 790)ê

 

      5.  Expend any gift of money he is authorized to accept for the purpose specified by the donor or, if no purpose is specified, in any manner which will further the purposes of the division.

      Sec. 32.  NRS 394.045 is hereby amended to read as follows:

      394.045  “Elementary and secondary educational institutions” includes an academic, vocational, technical, home study, business or other school or other person offering educational credentials, diplomas or certificates, or offering instruction or educational services. This term includes all grades [between kindergarten and] from kindergarten through the twelfth grade.

      Secs. 33 and 34.  (Deleted by amendment.)

      Sec. 35.  NRS 428.050 is hereby amended to read as follows:

      428.050  1.  In addition to the tax levied pursuant to NRS 428.285, the board of county commissioners of a county shall, at the time provided for the adoption of its final budget, levy an ad valorem tax [for the purposes of providing] to provide aid and relief to those persons coming within the purview of this chapter. This levy must not exceed that adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, diminished by 11 cents for each $100 of assessed valuation.

      2.  No county may expend or contract to expend for that aid and relief a sum in excess of that provided by the maximum ad valorem levy set forth in subsection 1 and NRS 428.285, together with such outside resources as it may receive from third persons, including expense reimbursements, grants-in-aid or donations lawfully attributable to the county indigent fund.

      3.  No interfund transfer, short-term financing procedure or contingency transfer may be made by the board of county commissioners [for the purpose of providing] to provide resources or appropriations to a county indigent fund in excess of those which may be otherwise lawfully provided pursuant to subsections 1 and 2 and NRS [428.265, 428.275 and] 428.285.

      Secs. 36 and 37.  (Deleted by amendment.)

      Sec. 38.  NRS 428.275 is hereby amended to read as follows:

      428.275  1.  The board of county commissioners of a county shall before July 1, 1985, by ordinance, create in the county treasury a fund to be designated as the fund for medical assistance to indigent persons.

      2.  The money in the fund must be used for reimbursement, as provided in NRS [428.295] 428.335 and 428.345, of any unpaid charges for medical care furnished to an indigent person who falls sick in the county other than care furnished on account of an injury suffered in a motor vehicle accident.

      3.  All money collected or recovered pursuant to this section [or NRS 428.265 or] and NRS 428.285, and the interest earned on the money in the fund must be deposited for credit to the fund. Claims against the fund must be paid on claims approved by the board of county commissioners. Any money remaining in the fund at the end of any fiscal year does not revert to the county general fund.

      Sec. 39.  NRS 432B.420 is hereby amended to read as follows:

      432B.420  1.  A parent or other person responsible for the child’s welfare who is alleged to have abused or neglected a child may be represented by an attorney at all stages of any proceedings under NRS 432B.410 to 432B.590, inclusive.


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

ê1987 Statutes of Nevada, Page 1309 (Chapter 554, AB 790)ê

 

represented by an attorney at all stages of any proceedings under NRS 432B.410 to 432B.590, inclusive. If [this] the person is indigent, the court may appoint an attorney to represent him. The court may, if it finds it appropriate, appoint an attorney to represent the child.

      2.  Each attorney, other than a public defender, if appointed under the provisions of subsection 1, is entitled to the same compensation and payment for expenses from the county as provided in NRS 7.125 and 7.135 for an attorney appointed to represent a person charged with a crime. An attorney appointed to represent a child may also be appointed as guardian ad litem for the child pursuant to NRS 432B.500, unless the attorney requests the appointment of a separate guardian ad litem. He may not receive any compensation for his services as a guardian ad litem.

      Sec. 40.  (Deleted by amendment.)

      Sec. 41.  NRS 449.620 is hereby amended to read as follows:

      449.620  1.  A declaration may be revoked at any time by the declarant in the same way in which a will may be revoked, or by [a verbal] an oral expression of intent to revoke. [A verbal] An oral revocation is effective upon communication to the attending physician by the declarant or another person communicating it on behalf of the declarant. The attending physician shall record the [verbal] oral revocation and the date on which he received it in the medical record of the declarant.

      2.  No person is liable in a civil or criminal action for failure to act upon a revocation of a declaration unless the person had actual knowledge of the revocation.

      Sec. 42.  NRS 463.070 is hereby amended to read as follows:

      463.070  [1.] The board members [shall] are each entitled to receive an annual salary in the amount specified by the legislature.

      [2.  In addition to the salary set forth above, each member shall be entitled to reimbursement for necessary travel and per diem expenses in the manner provided by law.]

      Sec. 43.  NRS 483.330 is hereby amended to read as follows:

      483.330  1.  The department shall examine every applicant for a driver’s license. The examination must include:

      (a) A test of the applicant’s ability to read and understand official devices used to control traffic;

      (b) A test of his knowledge of practices for safe driving and the traffic laws of this state;

      (c) Except as otherwise provided in subsection 2, a test of his eyesight; and

      (d) Except as otherwise provided in subsection 3, an actual demonstration of his ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicle for which he is to be licensed. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicant’s fitness to drive a motor vehicle safely upon the highways.


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

ê1987 Statutes of Nevada, Page 1310 (Chapter 554, AB 790)ê

 

      2.  The department may provide by regulation for the acceptance of a report from an ophthalmologist [, oculist] or optometrist in lieu of an eye test by a driver’s license examiner.

      3.  If the department establishes a type or classification of driver’s license to operate a motor vehicle of a type which is not normally available [for the purpose of examining] to examine an applicant’s ability to exercise ordinary and reasonable control of such a vehicle, the department may, by regulation, provide for the acceptance of an affidavit from a past, present or prospective employer of the applicant in lieu of an actual demonstration.

      Sec. 44.  NRS 486.131 is hereby amended to read as follows:

      486.131  1.  The department shall examine every applicant for a motorcycle driver’s license. [Such] The examination may be held in the county where the applicant resides within 30 days [from] after the date application is made. [It shall include a test of the applicant’s eyesight, his ability to read and understand official traffic control devices, his knowledge of safe driving practices and the traffic laws of this state, and shall include an]

      2.  The examination must include:

      (a) A test of the applicant’s ability to read and understand official devices used to control traffic;

      (b) A test of his knowledge of practices for safe driving and the traffic laws of this state;

      (c) Except as otherwise provided in a regulation adopted pursuant to subsection 2 of NRS 483.330, a test of his eyesight; and

      (d) An actual demonstration of his ability to exercise ordinary and reasonable control in the operation of a motorcycle.

The examination may also include such further physical and mental examination as the department finds necessary to determine the applicant’s fitness to drive a motorcycle safely upon the highways.

      [2.  Notwithstanding the provisions of subsection 1, the department may provide by regulation for the acceptance of a report from an ophthalmologist, oculist or optometrist in lieu of an eye test by a driver’s license examiner.]

      Sec. 45.  NRS 486.161 is hereby amended to read as follows:

      486.161  1.  Except as provided in subsection 4, every motorcycle driver’s license expires on the fourth anniversary of the licensee’s birthday, measured in the case of an original license, a renewal license or a license renewing an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth [was on] is February 29 is, for the purposes of NRS 486.011 to 486.381, inclusive, considered to have the anniversary of his birth fall on February 28.

      2.  Every license is renewable at any time before its expiration upon application and payment of the required fee. Every motorcycle endorsement to a driver’s license issued on or after January 1, 1972, expires simultaneously with the expiration of the driver’s license.


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ê1987 Statutes of Nevada, Page 1311 (Chapter 554, AB 790)ê

 

      3.  Except as otherwise provided in subsection [2 of NRS 486.131,] 1 of NRS 483.384, each applicant for renewal shall appear before an examiner for a driver’s license and successfully pass a test of his eyesight.

      4.  Any person who has been issued a driver’s license without having the authority to drive a motorcycle endorsed thereon [shall,] must, before driving a motorcycle, successfully pass a driving test conducted by the department and have the authority endorsed upon his license.

      Sec. 46.  NRS 532.020 is hereby amended to read as follows:

      532.020  The state engineer [shall be] is appointed by and [be] responsible to the director of the state department of conservation and natural resources . [, and shall be in the unclassified service of the state.]

      Sec. 47.  NRS 567.110 is hereby amended to read as follows:

      567.110  1.  Upon receipt of the reports from the committee for assessing livestock pursuant to NRS 575.180, the state board of sheep commissioners, acting as the committee to control predatory animals, may levy an annual special tax of not to exceed the equivalent of 20 cents per head on all sheep and goats.

      2.  The special tax is designated as the tax for control of predatory animals.

      3.  [The notice] Notice of the tax must be sent by the board to the county assessor or treasurer of each county on or before the first Monday in May of each year.

      Sec. 48.  NRS 587.141 is hereby amended to read as follows:

      587.141  [1.] The members of the advisory board [shall] serve without pay.

      [2.  Each member shall be entitled to reimbursement for necessary travel and per diem expenses in the manner provided by law.]

      Sec. 49.  NRS 598.650 is hereby amended to read as follows:

      598.650  As used in NRS 598.650 [to 598.680, inclusive,] , 598.655 and 598.680, unless the context requires otherwise:

      1.  “Franchise” or “franchise agreement” means a written agreement between a supplier and a service station operator under which the service station operator is granted the right:

      (a) To use a trade-mark, trade name, service mark or other identifying symbol or name owned by the supplier; or

      (b) To occupy premises owned, leased or controlled by the supplier, for the purpose of engaging in the retail sale of petroleum products of the supplier.

      2.  “Service station” means an establishment where service may be obtained for motor vehicles and which sells oil, gasoline and other petroleum products.

      3.  “Supplier” means any person, partnership, corporation or other form of business enterprise which refines, manufactures, compounds or otherwise produces petroleum products and sells or distributes them to service stations.

      4.  “Wholesale purchaser” means any person, partnership, corporation or other form of business enterprise which purchases petroleum products from a supplier and distributes them to service stations or to individual or business consumers.


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ê1987 Statutes of Nevada, Page 1312 (Chapter 554, AB 790)ê

 

supplier and distributes them to service stations or to individual or business consumers.

      Sec. 50.  NRS 610.080 is hereby amended to read as follows:

      610.080  [1.] Each member of the state apprenticeship council is entitled to receive a salary of $60 per day while attending meetings of the council.

      [2.  All members of the state apprenticeship council and the state director of apprenticeship are entitled to their necessary travel and living expenses while attending state apprenticeship council meetings away from their respective places of residence. Such expenses must be paid at the same rate and in the same manner as other state officers’ like expenses are paid.]

      Sec. 51.  NRS 613.210 is hereby amended to read as follows:

      613.210  1.  As used in this section, “employee” [shall be construed to mean] means every person who [shall have] has entered upon service or employment of an employer, and [such] the employment shall be deemed to commence from the date of the entry or performance of any service. Any contract of employment, rule, regulation or device to the contrary [shall be] is void.

      2.  [No corporation, company, organization or individual] A person shall not black-list or cause to be black-listed or publish the name of or cause to be published the name of any employee, mechanic or laborer discharged by [such corporation, company, organization or individual] that person with the intent [and for the purpose of preventing such] to prevent that employee, mechanic or laborer from engaging in or securing similar or other employment from any other [corporation, company, organization or individual.] person.

      3.  If any officer or agent of any [corporation, company, organization or individual, or other person, shall black-list or cause] person black-lists or causes to be black-listed or [publish] publishes the name of or [cause] causes to be published the name of any employee, mechanic or laborer discharged by [such corporation, company, organization or individual] that person with the intent [and for the purpose of preventing such] to prevent that employee, mechanic or laborer from engaging in or securing similar or other employment from any other [corporation, company, organization or individual, or shall] person in any manner [conspire or contrive,] conspires or contrives, by correspondence or otherwise, to prevent [such] that discharged employee from procuring employment, he [shall be] is guilty of a misdemeanor.

      4.  Subsections 2 and 3 [shall not be construed as prohibiting any corporation, company, organization or individual] do not prohibit any person from giving in writing, at the time the employee leaves or is discharged from the service of the employer, a truthful statement of the reason for such leaving of the service or discharge of [such] that employee, nor [shall] do subsections 2 and 3 [be construed to] prevent any employer from giving any employee or former employee any statement with reference to any meritorious services which the employee may have rendered to [such] that employer. The employer shall supply statements as provided in this subsection upon demand from the employee, but no such statement [shall be] is required unless the employee [shall have] has been in service for a period of not less than 60 days.


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ê1987 Statutes of Nevada, Page 1313 (Chapter 554, AB 790)ê

 

subsection upon demand from the employee, but no such statement [shall be] is required unless the employee [shall have] has been in service for a period of not less than 60 days. Only one such statement [shall] may be issued to [such] that employee.

      Sec. 52.  NRS 617.459 is hereby amended to read as follows:

      617.459  1.  The percentage of disability resulting from an occupational disease of the heart or lungs must be determined jointly by the claimant’s attending physician and the examining physician designated by the insurer, in accordance with the [most recent publication of the] American Medical [Association entitled “Guides to the Evaluation of Permanent Impairment.”] Association’s Guides to the Evaluation of Permanent Impairment in the form most recently published and supplemented before January 1, 1985.

      2.  If the claimant’s attending physician and the designated examining physician do not agree upon the percentage of disability, they shall designate a physician specializing in the branch of medicine which pertains to the disease in question to make the determination. If they do not agree upon the designation of such a physician, each shall choose one physician so specializing, and two physicians so chosen shall choose a third specialist in that branch. The resulting panel of three physicians shall, by majority vote, determine the percentage of disability in accordance with [“Guides to the Evaluation of Permanent Impairment.”] the American Medical Association’s Guides to the Evaluation of Permanent Impairment in the form most recently published and supplemented before January 1, 1985.

      Sec. 53.  NRS 628.450 is hereby amended to read as follows:

      628.450  A natural person shall not assume or use the title or designation “certified public accountant” or the abbreviation “C.P.A.” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that he is a certified public accountant, unless he has received a certificate as a certified public accountant under NRS 628.190 to 628.310, inclusive, holds a live permit, and all of his offices in this state for the practice of public accounting are maintained and registered as required under NRS 628.370.

      Sec. 54.  NRS 628.470 is hereby amended to read as follows:

      628.470  A natural person shall not assume or use the title or designation “public accountant,” “registered public accountant” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that he is a public accountant unless he is a registered public accountant, holds a live permit, and all of his offices in this state for the practice of public accounting are maintained and registered as required under NRS 628.370, or unless he has received a certificate as a certified public accountant under NRS 628.190 to 628.310, inclusive, holds a live permit, and all of his offices in this state for the practice of public accounting are maintained and registered as required under NRS 628.370.

      Sec. 55.  NRS 639.310 is hereby amended to read as follows:

      639.310  [Any person, firm, corporation, partnership or association violating] Unless a greater penalty is specified, any person who violates any of the provisions of this chapter is guilty of a misdemeanor.


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ê1987 Statutes of Nevada, Page 1314 (Chapter 554, AB 790)ê

 

      Sec. 56.  NRS 640.190 is hereby amended to read as follows:

      640.190  [1.] This chapter does not authorize a physical therapist, whether registered or not, to practice medicine, osteopathic medicine, homeopathic medicine, chiropractic or any other form or method of healing.

      [2.  Any person violating the provisions of this section is guilty of a misdemeanor.]

      Sec. 57.  NRS 644.395 is hereby amended to read as follows:

      644.395  Each school of cosmetology shall maintain a staff of at least two licensed instructors and one additional licensed instructor for each 25 enrolled students, or major portion thereof, over 50 students. A school of cosmetology must have at least two licensed instructors present and teaching at any time while the school is open.

      Sec. 58.  NRS 645A.015 is hereby amended to read as follows:

      645A.015  The provisions of this chapter do not apply to:

      1.  Any person [doing] :

      (a) Doing business under the laws of this state or the United States relating to banks, mutual savings banks, trust companies, savings and loan associations, common and consumer finance companies [,] or industrial loan companies ; or [licensed]

      (b) Licensed pursuant to chapter 692A of NRS.

      2.  An attorney at law rendering services in the performance of his duties as attorney at law, except an attorney actively engaged in conducting an escrow agency.

      3.  Any firm or corporation which lends money on real or personal property and is subject to licensing, supervision or auditing by an agency of the United States or of this state.

      4.  Any person doing any act under order of any court.

      Sec. 59.  NRS 660.065 is hereby amended to read as follows:

      660.065  1.  When authorized by the administrator, a financial institution may establish and operate one or more offices for mechanical tellers in this state.

      2.  For the purposes of NRS 660.045 to 660.095, inclusive, [no] this Title and Title 56 of NRS, an office for mechanical tellers [shall be deemed to be] is not a branch office of a financial institution organized under the provisions of this Title or Title [55 or] 56 of NRS.

      Sec. 60.  NRS 668.055 is hereby amended to read as follows:

      668.055  Every president, director, cashier, teller, clerk, officer or agent of any bank who embezzles, abstracts or willfully misapplies any [moneys,] money, funds, securities or credits of any bank, or who issues or puts forth any certificate of deposit, draws any draft, bill of exchange or mortgage, or who makes use of any bank in any manner, with intent [in either case] to injure or defraud any bank of [individual, person, company or corporation,] person, or to deceive any bank, or officer of any bank, and any natural person who, with like intent, aids or abets any officer, clerk or agent in any violation of this section, shall be punished:


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ê1987 Statutes of Nevada, Page 1315 (Chapter 554, AB 790)ê

 

      1.  Where the amount involved is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  Where the amount involved is less than $100, for a misdemeanor.

      Sec. 61.  NRS 677.545 is hereby amended to read as follows:

      677.545  1.  Except as limited by subsection 2, if the administrator has taken possession of the property and business of a corporation licensed under this chapter pursuant to NRS 677.540, or a receiver, other than the state, has been appointed for and taken possession of the property and business of such a corporation, the administrator may solicit offers from and authorize or require the acquisition of the corporation by or its merger with another institution or company in the following order of priority:

      (a) A corporation which is licensed pursuant to this chapter.

      (b) Any other depository institution licensed under the laws of this state or of the United States if its principal office is located in this state, including institutions whose parent corporation has offices or operations in other states.

      (c) A bank, savings and loan association or thrift company, or its parent corporation, licensed pursuant to the laws of the United States or of another state, whose operations are principally conducted within the [states] state of Alaska, Arizona, Colorado, Hawaii, Idaho, Montana, New Mexico, Oregon, Utah, Washington or Wyoming.

      (d) A bank, savings and loan association or thrift company, or its parent corporation, licensed pursuant to the laws of the United States or of another state, whether or not its principal place of business is in another state.

The administrator shall solicit written offers from all eligible institutions, regardless of the order of priority established by this subsection, and wait at least 30 days after solicitation before selecting the institution to be approved.

      2.  The selection of an institution must be made in accordance with the order of priority established in subsection 1 only if such a selection affords the greatest financial recovery by the corporation’s depositors of all offers received. The administrator may not accept any offer which affords the corporation’s depositors a smaller financial recovery than they would receive if the corporation were liquidated. If the administrator receives one or more acceptable offers he may negotiate with the institutions submitting acceptable offers, following that order of priority, and accept that offer which would afford the greatest financial recovery by the corporation’s depositors.

      [3.  If a thrift company of which the administrator took possession before May 1, 1985, is acquired by or merged with any depository institution or its parent or affiliate, that thrift company, or the acquiring institution, or the institution which results from the merger has all the rights, powers and privileges of any other depository institution in this state of the same class. If the institution which acquires or merges with the thrift company does not own or operate a bank or a savings and loan association in this state it may acquire, establish or operate one such bank or association. The legislature intends that this subsection authorize an institution or its parent or affiliate which is organized under the laws of another state or of the United States and which principally conducts its operations in another state to acquire, establish or operate a bank or savings and loan association in this state.


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ê1987 Statutes of Nevada, Page 1316 (Chapter 554, AB 790)ê

 

which is organized under the laws of another state or of the United States and which principally conducts its operations in another state to acquire, establish or operate a bank or savings and loan association in this state.

      4.  If the institution which acquires or merges with a thrift company pursuant to subsection 3, or a parent or affiliate of that institution, has acquired a bank located in Nevada pursuant to NRS 666.128, the limitations imposed by NRS 666.132 no longer apply to the operations of the institution or its parent or affiliate.]

      Sec. 62.  NRS 704.800 is hereby amended to read as follows:

      704.800  1.  It is unlawful for a person to obtain any water, gas, electricity, power or other service, goods or product provided by a public utility [, except a community antenna television company,] with intent to avoid payment therefor, by:

      (a) Opening, breaking into, tapping or connecting with any pipe, flume, ditch, conduit, reservoir, wire, meter or other apparatus belonging to or used by any other person or by the state, any county, city, district or municipality, and taking and removing therefrom or allowing to flow or be taken therefrom any water, gas, electricity or power belonging to another;

      (b) Connecting a pipe, tube, flume, conduit, wire or other instrument or appliance with any pipe, conduit, tube, flume, wire, line, pole, lamp, meter or other apparatus belonging to or used by any water, irrigation, gas, electric or power company or corporation, or belonging to or used by any other person in such a manner as to take therefrom water, gas, electricity or power for any purpose or use without passing through the meter or instrument or other means provided for registering the quantity consumed or supplied;

      (c) Altering, disconnecting, removing, injuring or preventing the action of any headgate, meter or other instrument used to measure or register the quantity of water, gas, electricity or power used or supplied; or

      (d) Injuring or interfering with the efficiency of any meter, pipe, conduit, flume, wire, pole, line, lamp, fixture, hydrant or other attachment or apparatus belonging to or used by any water, irrigation, gas, electric or power company or corporation.

      2.  If the value of the service involved or the property damaged or stolen is:

      (a) Five hundred dollars or more, a person violating the provisions of this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (b) Less than $500, a person violating the provisions of this section is guilty of a misdemeanor.

In determining the value of the service involved, the value of all services unlawfully obtained or attempted to be obtained within 3 years before the time the indictment is found or the information is filed may be aggregated.

      3.  This section applies when the service involved either originates or terminates, or both originates and terminates, in this state, or when the charges for the service would have been billable in the normal course by a person providing the service in this state but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.


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ê1987 Statutes of Nevada, Page 1317 (Chapter 554, AB 790)ê

 

charges for the service would have been billable in the normal course by a person providing the service in this state but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.

      Sec. 63.  NRS 706.196 is hereby amended to read as follows:

      706.196  1.  The department may [:

      (a) Require] require such reports and the maintenance of such books, papers and records as it determines necessary for the administration and enforcement of this chapter and NRS 484.739.

      [(b) Examine, at any time during the business hours of the day, the books, papers and records of any common, contract or private motor carrier doing business in this state.]

      2.  These books, papers and records must be preserved intact for a period of 28 months.

      [3.  The fact that such books, papers and records are not maintained in this state does not cause the department to lose any right of examination under this chapter when and where the books, papers and records become available.]

      Sec. 64.  NRS 706.8818 is hereby amended to read as follows:

      706.8818  1.  A taxicab authority, consisting of five members appointed by the governor, is hereby created. No member may serve for more than 6 years. No more than three members may be members of the same political party, and no elected officer of the state or any political subdivision is eligible for appointment.

      2.  Each member of the taxicab authority is entitled to receive as compensation $60 for each day actually employed on work of the authority . [, and reimbursement for necessary travel and per diem expenses in the manner provided by law.]

      3.  The taxicab authority shall maintain its principal office in the county or area of the state where it performs most of its regulatory activity.

      4.  The taxicab authority may adopt appropriate regulations for the administration and enforcement of NRS 706.881 to 706.885, inclusive, and as it may deem necessary, for the conduct of the taxicab business and the qualifications of and the issuance of permits to taxicab drivers, not inconsistent with the provisions of NRS 706.881 to 706.885, inclusive. The regulations may include different provisions to allow for differences among the counties to which NRS 706.881 to 706.885, inclusive, apply. Local law enforcement agencies and the Nevada highway patrol, upon request of the taxicab authority, may assist in enforcing the provisions of NRS 706.881 to 706.885, inclusive, and regulations adopted pursuant thereto.

      5.  Except to the extent of any inconsistency with the provisions of NRS 706.881 to 706.885, inclusive, every regulation and order issued by the public service commission of Nevada remains effective in a county to which those sections apply until modified or rescinded by the taxicab authority, and must be enforced by the taxicab authority.

      Sec. 65.  Section 1 of chapter 198, Statutes of Nevada 1987, is hereby amended to read as follows:


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ê1987 Statutes of Nevada, Page 1318 (Chapter 554, AB 790)ê

 

       Section 1.  NRS 483.330 is hereby amended to read as follows:

       483.330  1.  The department shall examine every applicant for a driver’s license. The examination must include:

       (a) A test of the applicant’s ability to read and understand official devices used to control traffic;

       (b) A test of his knowledge of practices for safe driving and the traffic laws of this state;

       (c) Except as otherwise provided in subsection 2, a test of his eyesight; and

       (d) Except as otherwise provided in subsection 3, an actual demonstration of his ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicle for which he is to be licensed.

The examination may also include such further physical and mental examination as the department finds necessary to determine the applicant’s fitness to drive a motor vehicle safely upon the highways.

       2.  The department may provide by regulation for the acceptance of a report from an ophthalmologist or optometrist in lieu of an eye test by a driver’s license examiner.

       3.  If the department establishes a type or classification of driver’s license to operate a motor vehicle of a type which is not normally available to examine an applicant’s ability to exercise ordinary and reasonable control of such a vehicle, the department may, by regulation, provide for the acceptance of an affidavit from a [past,] :

       (a) Past, present or prospective employer of the applicant ; or

       (b) Local joint apprenticeship committee which had jurisdiction over the training or testing, or both, of the applicant,

in lieu of an actual demonstration.

      Sec. 65.5.  Section 11 of A.B. No. 327 of this session is hereby amended to read as follows:

       Sec. 11.  NRS 120A.360 is hereby amended to read as follows:

       120A.360  1.  Except as otherwise provided in [subsection 4,] subsections 4 and 5, all abandoned property other than money delivered to the division under this chapter must, within 1 year after the delivery, be sold by the administrator to the highest bidder at public sale in whatever city in the state affords in his judgment the most favorable market for the property involved. The administrator may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient.

       2.  Any sale held under this section must be preceded by a single publication of notice thereof at least 2 weeks in advance of sale in a newspaper of general circulation in the county where the property is to be sold.

       3.  The purchaser at any sale conducted by the administrator pursuant to this chapter is vested with title to the property purchased, free from all claims of the owner or prior holder and of all persons claiming through or under them.


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ê1987 Statutes of Nevada, Page 1319 (Chapter 554, AB 790)ê

 

claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of title.

       4.  The administrator need not offer any property for sale if in his opinion the probable cost of sale exceeds the value of the property. The administrator may destroy or otherwise dispose of such property or may transfer [such property] it to:

       (a) The Nevada museum and historical society, the Nevada state museum or the Nevada historical society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation; or

       (b) A genealogical library, upon its written request, if the property has genealogical value and is not wanted by the Nevada museum and historical society, the Nevada state museum or the Nevada historical society.

An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.

       5.  Securities listed on an established stock exchange must be sold at the prevailing price for that security on the exchange at the time of sale. Other securities not listed on an established stock exchange may be sold:

       (a) Over the counter at the prevailing price for that security at the time of sale; or

       (b) By any other method the administrator deems acceptable.

      Sec. 65.7.  Section 5 of Assembly Bill No. 616 of this session is hereby amended to read as follows:

       Sec. 5.  NRS 706.196 is hereby amended to read as follows:

       706.196  1.  The department may require such reports and the maintenance of such books, papers and records as it determines necessary for the administration and enforcement of this chapter and NRS 484.739.

       2.  These books, papers and records must be preserved intact for [a period of 28] 36 months.

       3.  Any common, contract or private motor carrier who:

       (a) Fails to file the returns required pursuant to this chapter; or

       (b) Files the returns required pursuant to this chapter and indicates that he conducted no operations,

shall keep the records required by this section for 7 years after their making or until the department gives him written authorization to destroy the records.

      Sec. 66.  NRS 119A.610, 360.274, 360.275, 360.276, 360.277, 367.055, 374.045, 448.010, 448.020, 448.030, 448.040, 448.050, 449.580, 598.660, 598.665, 598.670 and 598.675 are hereby repealed.

      Sec. 67.  1.  Section 61 of this act becomes effective on December 31, 1988.


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ê1987 Statutes of Nevada, Page 1320 (Chapter 554, AB 790)ê

 

      2.  This section and all other sections of this act become effective upon passage and approval.

 

_______

 

 

CHAPTER 555, AB 660

Assembly Bill No. 660–Committee on Taxation

CHAPTER 555

AN ACT relating to the financial support of the schools; increasing the time schools may accumulate money in the fund for capital projects and the maximum amount of ad valorem tax which may be levied for credit to that fund; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 387.328 is hereby amended to read as follows:

      387.328  1.  The board of trustees of each school district shall establish a fund for capital projects for the purposes set forth in [paragraphs (a) to (d), inclusive, of] subsection 1 of NRS 387.335. The money in the fund for capital projects may be transferred to the debt service fund to pay [for] the cost of the school district’s debt service.

      2.  With the approval of the state board of finance, the board of trustees may accumulate money in the fund for capital projects for a period not to exceed [10] 20 years.

      3.  That portion of the vehicle privilege tax whose allocation to the school district pursuant to NRS 482.180 is based on the amount of the property tax levy attributable to its debt service must be deposited in the county treasury to the credit of the fund established under subsection 1 or the school district’s debt service fund.

      4.  No money in the fund for capital projects at the end of the fiscal year may revert to the county school district fund, nor may the money be a surplus for any other purpose than those specified in subsection 1.

      Sec. 2.  NRS 387.3285 is hereby amended to read as follows:

      387.3285  1.  Upon the approval of a majority of the registered voters of a county voting upon the question, the board of county commissioners in each county with a school district whose enrollment is fewer than 25,000 pupils may levy a tax of not more than [25] 50 cents on each $100 of assessed valuation of taxable property within the county.

      2.  Upon the approval of a majority of the registered voters of a county voting upon the question, the board of county commissioners in each county with a school district whose enrollment is 25,000 pupils or more may levy a tax of not more than 35 cents on each $100 of assessed valuation of taxable property within the county.

      3.  Any money collected pursuant to this section must be deposited in the county treasury to the credit of the fund for capital projects to be held and expended in the same manner as other money deposited in that fund.


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ê1987 Statutes of Nevada, Page 1321 (Chapter 555, AB 660)ê

 

county treasury to the credit of the fund for capital projects to be held and expended in the same manner as other money deposited in that fund.

 

_______

 

 

CHAPTER 556, AB 614

Assembly Bill No. 614–Committee on Ways and Means

CHAPTER 556

AN ACT relating to the University of Nevada; authorizing the construction of additional housing for students and facilities for dining at the University of Nevada, Las Vegas; authorizing the issuance of revenue bonds to pay a portion of the cost of construction; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Except as otherwise provided in this act, terms used or referred to in this act are defined in the University Securities Law. As used in this act, unless the context otherwise requires, the terms defined in sections 2, 3 and 4, of this act, have the meaning ascribed to them in those sections.

      Sec. 2.  “Net pledged revenues” means all the pledged revenues, without any deduction of any operation and maintenance expenses, except as provided in the definition of “pledged revenues.”

      Sec. 3.  1.  “Pledged revenues” means, in connection with securities issued pursuant to this act to finance in part the project designated in section 4 of this act:

      (a) The gross revenues derived from or otherwise pertaining to the operation of any one, all, or any combination of facilities enumerated in NRS 396.828 and situate on the campuses of the universities known as the University of Nevada, Reno, and the University of Nevada, Las Vegas, including without limitation, the project, which revenues the board, by the resolution authorizing the securities issued pursuant to this act, determines to pledge for the payment of the securities, after the deduction of the expenses of operation and maintenance of those facilities pertaining to such pledged revenues; and

      (b) The gross revenues derived from the imposition and collection of the fees payable by the students attending those two universities designated in NRS 396.8395, subject to the limitation provided in subsection 5 of NRS 396.840.

      2.  “Pledged revenues” includes, in connection with students attending the two universities, any fees of students authorized by law after the effective date of this section, all grants, conditional or unconditional, from the Federal Government for the payment of any securities requirements, if any, and net revenues, if any, to be derived from the operations of income-producing facilities of the university or the board or from other available sources, and to which fees, grants and revenues, the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended after the effective date of this section.


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ê1987 Statutes of Nevada, Page 1322 (Chapter 556, AB 614)ê

 

sources, and to which fees, grants and revenues, the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended after the effective date of this section.

      3.  “Pledged revenues” indicates a source of revenues and does not necessarily indicate all or any portion of such revenues in the absence of further qualification.

      Sec. 4.  “Project” means the construction, other acquisition and improvement, or any combination thereof, of additional housing for students and facilities for dining as are required or desired by the university at the University of Nevada, Las Vegas, equipment and furnishings therefor, and other appurtenances relating thereto.

      Sec. 5.  1.  The board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:

      (a) To finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding $8,800,000.

      (b) To issue such bonds and other securities in connection with the project in one series or more at any time or from time to time but not after 5 years from the effective date of this section, as the board determines, and consisting of special obligation of the university payable from the net pledged revenues authorized by this act and which may subsequently be payable from other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a);

      (c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including without limitation, proceeds of securities authorized by this act; and

      (d) To exercise the incidental powers provided in this University Securities Law in connection with the powers authorized by this act except as otherwise expressly provided in this act.

      2.  This act does not prevent the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.

      Sec. 6.  The powers conferred by this act are in addition to and supplemental to, and the limitations imposed by those sections do not affect the powers conferred by any other law, general or special. Securities may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of those sections control.

      Sec. 7.  The legislature intends that this act, being necessary to secure and preserve the public health, safety, convenience and welfare, be liberally construed to effect its purposes.

      Sec. 8.  If any provision of this act or the applications thereof to any person, thing or circumstances is held invalid, that invalidity does not affect the provisions or application of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.


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ê1987 Statutes of Nevada, Page 1323 (Chapter 556, AB 614)ê

 

the provisions or application of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.

      Sec. 9.  This act becomes effective upon passage and approval.

 

_______

 

 

CHAPTER 557, AB 877

Assembly Bill No. 877–Committee on Ways and Means

CHAPTER 557

AN ACT relating to the state personnel system; abolishing the requirement for an index of occupational subclasses; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 353.205 is hereby amended to read as follows:

      353.205  The state budget for each fiscal year must be set up in three parts [, namely:] :

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

      2.  Part 2 must embrace the detailed budget estimates both of expenditures and revenues as provided in NRS 353.150 to 353.246, inclusive. It must also include statements of the bonded indebtedness of the state government, showing the [debt redemption requirements,] requirements for redemption of debt, the debt authorized and unissued, and the condition of the sinking funds. In addition, it must contain the number of positions assigned to each occupational class [and subclass] defined by the index prepared pursuant to NRS 284.171 for each state agency for which money is budgeted and any statements relative to the financial plan which the governor may deem desirable, or which may be required by the legislature.

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


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ê1987 Statutes of Nevada, Page 1324 (Chapter 557, AB 877)ê

 

may include complete drafts of such other bills as may be required to provide the income necessary to finance the budget and to give legal sanction to the financial plan if [and when] adopted by the legislature.

As soon as each part is prepared, a copy of the part must be transmitted to the fiscal analysis division of the legislative counsel bureau for confidential examination and retention.

      Sec. 2.  NRS 353.224 is hereby amended to read as follows:

      353.224  1.  A state agency other than the University of Nevada System and vocational licensing boards may not change a position for which money has been appropriated or authorized from one occupational class [or subclass] to another, as defined by the index developed pursuant to NRS 284.171, without the approval of the legislature or of the interim finance committee.

      2.  All proposed changes of positions from one occupational class [or subclass] to another must be submitted to the interim finance committee. The interim finance committee has 45 days after a proposal is submitted to its secretary within which to consider it. Any proposed change of a position from one occupational class [or subclass] to another which is not considered within the 45-day period shall be deemed approved.

      3.  The secretary shall place each request submitted to him pursuant to subsection 2 on the agenda of the next meeting of the interim finance committee.

      4.  In acting upon a proposed change of position, the interim finance committee shall consider, among other things:

      (a) The need for the proposed change; and

      (b) The intent of the legislature in approving the existing classification of positions.

      Sec. 3.  NRS 284.171 is hereby amended to read as follows:

      284.171  [1.] For the purposes of NRS 353.205 and 353.224, the director shall prepare and maintain an index which categorizes all positions in the classified and unclassified services of the state into the following broad occupational classes:

      [(a)] 1.  Occupations in the fields of agriculture and conservation.

      [(b)] 2.  Clerical and related occupations.

      [(c)] 3.  Occupations relating to custodial and domestic services.

      [(d)] 4.  Occupations relating to library services.

      [(e)] 5.  Occupations in the field of education.

      [(f)] 6.  Engineering and allied occupations.

      [(g)] 7.  Occupations in fiscal management and related staff services.

      [(h)] 8.  Occupations relating to legal services.

      [(i)] 9.  Occupations in the mechanical and construction trades.

      [(j)] 10.  Occupations in the fields of medicine and health and related services.

      [(k)] 11.  Occupations in regulatory fields and in public safety.

      [(l)] 12.  Occupations in social services and rehabilitation.

      [(m)] 13.  Other occupations.


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

ê1987 Statutes of Nevada, Page 1325 (Chapter 557, AB 877)ê

 

      [2.  Each broad occupational class must include the following subclasses:

      (a) Officials and administrators who set broad policies and exercise responsibility for execution of those policies.

      (b) Professionally qualified persons.

      (c) Technicians.

      (d) Persons who are qualified to perform some of the duties of professionally qualified persons or technicians.

      (e) Persons who provide protection and related services.

      (f) Persons who provide office and clerical services.

      (g) Skilled craft workers.

      (h) Service and maintenance workers.]

 

_______

 

 

CHAPTER 558, AB 878

Assembly Bill No. 878–Committee on Ways and Means

CHAPTER 558

AN ACT relating to state financial administration; simplifying the procedures for the preparation of the state budget; reducing the necessity for review of changes in allotments for work programs by the interim finance committee; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 353.205 is hereby amended to read as follows:

      353.205  The state budget for each fiscal year must be set up in three parts, namely:

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

      2.  Part 2 must embrace the detailed budget estimates both of expenditures and revenues as provided in NRS 353.150 to 353.246, inclusive. It must also include statements of the bonded indebtedness of the state government, showing the [debt redemption requirements,] requirements for redemption of debt, the debt authorized and unissued, and the condition of the sinking funds , [.


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ê1987 Statutes of Nevada, Page 1326 (Chapter 558, AB 878)ê

 

for redemption of debt, the debt authorized and unissued, and the condition of the sinking funds , [. In addition, it must contain the number of positions assigned to each occupational class and subclass defined by the index prepared pursuant to NRS 284.171 for each state agency for which money is budgeted] and any statements relative to the financial plan which the governor may deem desirable, or which may be required by the legislature.

      3.  Part 3 must include the general appropriation bill authorizing, by departments, institutions and agencies, and by funds, all expenditures of the executive department of the state government for the next 2 fiscal years, and may include complete drafts of such other bills as may be required to provide the income necessary to finance the budget and to give legal sanction to the financial plan if and when adopted by the legislature.

As soon as each part is prepared, a copy of the part must be transmitted to the fiscal analysis division of the legislative counsel bureau for confidential examination and retention.

      Sec. 2.  NRS 353.220 is hereby amended to read as follows:

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

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

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

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

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

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


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ê1987 Statutes of Nevada, Page 1327 (Chapter 558, AB 878)ê

 

revision, and other provisions of this chapter requiring approval before encumbering money for the revision do not apply.

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

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

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

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

      (a) The need for the proposed revision; and

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

      Sec. 3.  NRS 353.222 is hereby repealed.

 

_______

 

 

CHAPTER 559, SB 565

Senate Bill No. 565–Committee on Commerce and Labor

CHAPTER 559

AN ACT relating to insurance; regulating the formation and operation in this state of organizations formed pursuant to the Liability Risk Retention Act of 1986; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 57 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 22, inclusive, of this act.

      Sec. 2.  The purpose of this chapter is to regulate the formation and operation in this state of organizations formed pursuant to the provisions of the Liability Risk Retention Act of 1986.

      Sec. 3.  As used in this chapter, the words and terms defined in sections 4 to 12, inclusive, of this act, have the meanings ascribed to them in those sections.


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

ê1987 Statutes of Nevada, Page 1328 (Chapter 559, SB 565)ê

 

      Sec. 4.  1.  “Completed operations liability” means liability arising out of the installation, maintenance or repair of any product at a site that is not owned or controlled by:

      (a) Any person who performs the work; or

      (b) Any person who hires an independent contractor to perform the work.

      2.  The term includes liability for activities that are completed or abandoned before the occurrence giving rise to the liability.

      Sec. 5.  “Domicile” means:

      1.  For a corporation, the state in which it is incorporated; and

      2.  For any other person, the state of his principal place of business.

      Sec. 6.  “Hazardous financial condition” means that, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able to:

      1.  Meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or

      2.  Pay other obligations in the normal course of business.

      Sec. 7.  1.  “Liability” means legal liability for damages, including costs of defense, legal costs and fees, and other expenses for claims, because of injuries to other persons, damage to their property, or other damage or loss to those persons resulting from or arising out of any:

      (a) Business, whether or not conducted for profit, or any trade, product, services, whether or not professional, or any premises or operations; or

      (b) Activity of any state or local government, or any agency or political subdivision thereof.

      2.  The term does not include personal risk liability and an employer’s liability concerning its employees, other than legal liability under the Federal Employers’ Liability Act.

      Sec. 8.  “Personal risk liability” means liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, familial or household responsibilities or activities.

      Sec. 9.  “Plan of operation” means an analysis of the expected activities and results of a risk retention group, including:

      1.  The coverages, deductibles, limits of coverage, rates and systems of rating classification for each line of insurance the group intends to offer;

      2.  Historical and expected loss experience of the proposed members, and national experience of similar exposures to the extent that this experience is reasonably available;

      3.  Pro forma financial statements and projections;

      4.  Appropriate opinions by a qualified, independent casualty actuary, including a determination of minimum premium or participation levels required to commence operations and to prevent a hazardous financial condition;

      5.  Identification of management, underwriting procedures, policies for investment and methods for managerial oversight; and

      6.  Such other matters as are prescribed by the commissioner for liability insurers authorized by the insurance laws of the state in which the risk retention group is chartered.


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

ê1987 Statutes of Nevada, Page 1329 (Chapter 559, SB 565)ê

 

      Sec. 10.  “Product liability” means liability for damages because of any personal injury, death, emotional harm, consequential economic damage or damage to property, including damages resulting from the loss of use of property, arising out of the manufacture, design, importation, distribution, packaging, labeling, lease or sale of a product, but does not include the liability of any person for those damages if the product involved was in the possession of that person when the incident giving rise to the claim occurred.

      Sec. 11.  “Purchasing group” means any group which:

      1.  Has as one of its purposes the purchase of liability insurance on a group basis;

      2.  Purchases such insurance only for its members and only to cover their similar or related exposure to liability, as described in subsection 3;

      3.  Is composed of members whose businesses or activities are similar or related with respect to the liability to which they are exposed by virtue of any related, similar or common business, trade, product, services, premises or operations; and

      4.  Is domiciled in any state.

      Sec. 12.  “Risk retention group” means any corporation or association with limited liability that is formed under the laws of any state, Bermuda or the Cayman Islands:

      1.  Whose primary activity consists of assuming and spreading all or any portion of the liability exposure of its members;

      2.  Which is organized primarily to conduct the activity described in subsection 1;

      3.  Which:

      (a) Is chartered and licensed as a liability insurer and authorized to transact insurance under the laws of any state; or

      (b) Before January 1, 1985, was chartered or licensed and authorized to transact insurance under the laws of Bermuda or the Cayman Islands and, before that date, had certified to the commissioner of insurance of at least one state that it satisfied the state’s requirements for capitalization, except that such a group is considered to be a risk retention group only if it has been engaged in business continuously since that date and only for the purpose of continuing to provide insurance to cover product liability or completed operations liability;

      4.  Which does not exclude any person from membership in the group solely to provide for members of the group a competitive advantage over an excluded person;

      5.  Which has as its:

      (a) Members only persons who have an ownership interest in the group and who are provided insurance by the risk retention group; or

      (b) Sole member and sole owner an organization which is owned by persons who are provided insurance by the risk retention group;

      6.  Whose members are engaged in businesses or activities similar or related with respect to the liability to which they are exposed by virtue of any related, similar or common business, trade, product, services, premises or operations;

 


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

ê1987 Statutes of Nevada, Page 1330 (Chapter 559, SB 565)ê

 

any related, similar or common business, trade, product, services, premises or operations;

      7.  Whose activities do not include the provision of insurance other than:

      (a) Liability insurance for assuming and spreading all or any portion of the liability of the members of the group; and

      (b) Reinsurance with respect to the liability of any other risk retention group, or any member of such a group, that is engaged in a business or activity such that the other group or member meets the requirements of subsection 6 for membership in the risk retention group that provides reinsurance; and

      8.  The name of which includes the phrase “risk retention group.”

      Sec. 13.  A purchasing group that intends to conduct business in this state shall:

      1.  Furnish notice to the commissioner that:

      (a) Identifies the state in which the group is domiciled;

      (b) Specifies the lines and classifications of liability insurance that the purchasing group intends to purchase;

      (c) Identifies the insurer from which the group intends to purchase its insurance and the domicile of the insurer;

      (d) Identifies the principal place of business of the group; and

      (e) Provides such other information as the commissioner requires to verify its qualification as a purchasing group; and

      2.  Appoint the commissioner as its agent solely to receive service of legal process, except that this subsection does not apply to a purchasing group that:

      (a) Was domiciled before April 1, 1986, and on and after October 27, 1986, in any state;

      (b) Before and after October 27, 1986, purchased its insurance from an insurer licensed in any state;

      (c) Was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 before October 27, 1986; and

      (d) Does not purchase insurance that was not authorized for an exemption under that act, as in effect before October 27, 1986.

      Sec. 14.  1.  Except as otherwise provided in chapter 685A of NRS, a purchasing group shall not purchase insurance from an unauthorized insurer or a risk retention group that is not chartered in this state.

      2.  A purchasing group is exempt from any law of this state that relates to the formation or prohibition of groups for the purchase of insurance, and any law that would discriminate against a purchasing group or its members.

      3.  An insurer is exempt from any law of this state that prohibits providing, or offering to provide, to a purchasing group or its members advantages based on their loss and expense experiences not afforded to other persons with respect to rates, policy forms, coverages or other matters.

      Sec. 15.  1.  A risk retention group seeking to be chartered in this state must obtain a certificate of authority pursuant to chapter 680A of NRS to transact liability insurance and, except as otherwise provided in this chapter, must comply with:


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

ê1987 Statutes of Nevada, Page 1331 (Chapter 559, SB 565)ê

 

      (a) All of the laws, regulations and requirements applicable to liability insurers in this state; and

      (b) The provisions of sections 16 to 22, inclusive, of this act, to the extent that those provisions do not limit or conflict with the provisions with which the group is required to comply pursuant to paragraph (a).

Before it may transact insurance in any state, the risk retention group shall submit to the commissioner for his approval a plan of operation, and any revisions of the plan if the group intends to offer any additional lines of liability insurance.

      2.  A risk retention group chartered in a state other than Nevada that is seeking to transact insurance as a risk retention group in this state must comply with the provisions of sections 16 to 22, inclusive, of this act.

      Sec. 16.  Before transacting insurance in this state, a risk retention group shall submit to the commissioner:

      1.  A statement identifying:

      (a) Each state in which the risk retention group is chartered or licensed as a liability insurer;

      (b) The date of its charter;

      (c) Its principal place of business; and

      (d) Such other information, including information concerning its membership, as the commissioner requires to verify its qualification as a risk retention group;

      2.  A copy of its plan of operation and any revisions of the plan submitted to its state of domicile, except with respect to any line or classification of liability that was:

      (a) Defined in the Product Liability Risk Retention Act of 1981 before October 27, 1986; and

      (b) Offered before that date by a risk retention group that had been chartered and operating for not less than 3 years before that date; and

      3.  A statement appointing the commissioner as its agent for service of process pursuant to NRS 680A.250.

      Sec. 17.  A risk retention group transacting insurance in this state shall submit to the commissioner:

      1.  A copy of the group’s financial statement submitted to its state of domicile, which must be certified by an independent public accountant and contain a statement of opinion on its reserves for loss and expenses of loss adjustment made by a member of the American Academy of Actuaries or another qualified specialist in reserves for loss;

      2.  A copy of each examination of the risk retention group, certified by the commissioner or other public officer conducting the examination;

      3.  Upon the request of the commissioner, a copy of any audit performed with respect to the risk retention group; and

      4.  Such other information as the commissioner requires to verify its continuing qualification as a risk retention group.

      Sec. 18.  1.  A risk retention group and its agents and representatives are subject to the provisions of NRS 686A.010 to 686A.310, inclusive. Any injunction obtained pursuant to those sections must be obtained from a court of competent jurisdiction.


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

ê1987 Statutes of Nevada, Page 1332 (Chapter 559, SB 565)ê

 

injunction obtained pursuant to those sections must be obtained from a court of competent jurisdiction.

      2.  All premiums paid for coverages within this state to a risk retention group are subject to the provisions of chapter 680B of NRS and NRS 685A.180. Each risk retention group shall report all premiums paid to it for risks insured within the state, and to the extent that agents or brokers are not utilized or do not pay the taxes, each risk retention group shall pay the taxes on premiums for risks insured within the state. To the extent that agents or brokers are utilized, they shall report and pay the taxes on the premiums for risks that they have placed with or on behalf of a risk retention group not chartered in this state.

      Sec. 19.  A policy issued by a risk retention group must contain in 10-point type on the front page and the declaration page, the following notice:

 

NOTICE

 

       This policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of your state. State insolvency guaranty funds are not available for your risk retention group.

      Sec. 20.  1.  A risk retention group shall submit to an examination by the commissioner to determine its financial condition if the commissioner of insurance of the jurisdiction in which the group is chartered does not initiate such an examination within 60 days after a request by the commissioner of insurance of this state. The examination must be coordinated to avoid unjustified repetition and conducted in an expeditious manner. The commissioner shall give due consideration to the procedure outlined in the handbook for examiners sponsored by the National Association of Insurance Commissioners.

      2.  A risk retention group not chartered in this state and doing business in this state shall comply with a lawful order issued in a proceeding for voluntary dissolution or in a delinquency proceeding commenced by a commissioner of insurance of any state if there has been a finding of financial impairment after an examination conducted pursuant to subsection 1.

      3.  An order issued by a District Court of the United States, entered upon a finding that a risk retention group is in a hazardous financial condition, that enjoins the group from conducting operations or transacting insurance in any state, must be enforced by the district courts of this state.

      Sec. 21.  A risk retention group shall not:

      1.  Transact insurance with any person who is not eligible for membership in the risk retention group;

      2.  Conduct any business in this state if an insurer is directly or indirectly a member or owner of the group, unless all the members of the group are insurers;

      3.  Transact insurance or otherwise operate while financially impaired or in a hazardous financial condition; or


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

ê1987 Statutes of Nevada, Page 1333 (Chapter 559, SB 565)ê

 

      4.  Join or contribute financially to the Nevada insurance guaranty association, or to any similar organization or fund in this state, and the provisions of chapter 687A of NRS do not apply to a risk retention group. A risk retention group and its insureds shall not accept any benefit from such an organization or fund for claims arising out of the operation of the risk retention group.

      Sec. 22.  1.  Any person acting, or offering to act, as an agent or broker for a purchasing group or risk retention group transacting insurance in this state is subject to the provisions of chapter 683A of NRS.

      2.  Except as otherwise provided in this chapter, the provisions of chapter 679B of NRS apply to purchasing groups and risk retention groups, and to the provisions of this chapter, to the extent that the provisions of chapter 679B of NRS are not specifically preempted by the Product Liability Risk Retention Act of 1981, as amended by the Risk Retention Amendments of 1986.

      Sec. 23.  NRS 679A.160 is hereby amended to read as follows:

      679A.160  Unless otherwise provided, no provision of this code applies to:

      1.  Fraternal benefit societies [(as] , as identified in chapter 695A of [NRS)] NRS, except as stated in chapter 695A of NRS . [(fraternal benefit societies).]

      2.  Hospital, medical or dental service corporations [(as] , as identified in chapter 695B of [NRS)] NRS, except as stated in chapter 695B of NRS . [(nonprofit hospital, medical or dental service corporations).]

      3.  Motor clubs [(as] , as identified in chapter 696A of [NRS)] NRS, except as stated in chapter 696A of NRS . [(motor clubs).]

      4.  Bail bondsmen [(as] , as identified in chapter 697 of [NRS)] NRS, except as stated in NRS 680B.025 to 680B.039, inclusive, [(general premium tax)] and chapter 697 of NRS . [(bail bondsmen).]

      5.  Risk retention groups, as identified in sections 2 to 22, inclusive, of this act, except as stated in sections 2 to 22, inclusive, of this act.

      Sec. 24.  NRS 680A.310 is hereby amended to read as follows:

      680A.310  NRS 680A.300 does not apply to any of the following:

      1.  Life insurance and annuities.

      2.  Health insurance.

      3.  Policies covering property in transit while in the possession or custody of any common carrier, or the rolling stock or other property of any common carrier employed by it in the operation and maintenance of its plant and business as a common carrier of freight or passengers, or both.

      4.  Reinsurance or retrocessions made by or for authorized insurers.

      5.  Bid bonds issued in connection with any public or private contract.

      6.  A policy issued to a risk retention group, as defined in section 12 of this act, or to a member of a risk retention group.

      Sec. 25.  NRS 687A.020 is hereby amended to read as follows:

      687A.020  [This] Except as otherwise provided in subsection 4 of section 21 of this act, this chapter applies to all direct insurance, except annuity contracts and life, health, title, surety, accounts receivable, deposit, mortgage guaranty and ocean marine insurance.


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

ê1987 Statutes of Nevada, Page 1334 (Chapter 559, SB 565)ê

 

contracts and life, health, title, surety, accounts receivable, deposit, mortgage guaranty and ocean marine insurance.

      Sec. 26.  This act becomes effective on January 1, 1988.

 

_______

 

 

CHAPTER 560, AB 411

Assembly Bill No. 411–Committee on Health and Welfare

CHAPTER 560

AN ACT relating to pupils; requiring certificates of immunization to be signed by a physician or registered nurse; requiring the certificate to be transferred as part of the pupil’s academic record; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 392.435 is hereby amended to read as follows:

      392.435  1.  Unless excused because of religious belief or medical condition, a child may not be enrolled in a public school within this state unless his parents or guardian submit to the board of trustees of the school district in which the child resides a certificate stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:

      (a) Diphtheria;

      (b) Tetanus;

      (c) Pertussis if the child is under 6 years of age;

      (d) Poliomyelitis;

      (e) Rubella;

      (f) Rubeola; and

      (g) Such other diseases as the local board of health or the state board of health may determine.

      2.  The certificate must show that the required vaccines and boosters were given, and must bear the signature of the licensed physician or registered nurse who administered the vaccines or boosters. [If records are not available from a licensed physician or registered nurse, a sworn statement from the parent or guardian suffices.]

      3.  If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional enrollment do not apply.

      4.  A child may enter school conditionally if the parent or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the appropriate school officers within 90 school days after the child was conditionally admitted, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met.


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

ê1987 Statutes of Nevada, Page 1335 (Chapter 560, AB 411)ê

 

child was conditionally admitted, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS 432.100 to 432.130, inclusive, and chapter 432B of NRS.

      5.  [The requirements of subsection 1 are satisfied if a certificate was filed in a previous year with any school district or any licensed private school or facility for the care of children in this state indicating that a pupil has been immunized as required by this section.

      6.] Before December 31 of each year, each school district must report to the health division of the department of human resources, on a form furnished by the division, the exact number of pupils who have completed the immunizations required by this section.

      6.  The certificate of immunization must be included in the pupil’s academic or cumulative record and transferred as part of that record upon request.

      Sec. 2.  NRS 394.192 is hereby amended to read as follows:

      394.192  1.  Unless excused because of religious belief or medical condition, a child may not be enrolled in a private school within this state unless his parents or guardian submit to the governing body of the private school a certificate stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:

      (a) Diphtheria;

      (b) Tetanus;

      (c) Pertussis if the child is under 6 years of age;

      (d) Poliomyelitis;

      (e) Rubella;

      (f) Rubeola; and

      (g) Such other diseases as the local board of health or the state board of health may determine.

      2.  The certificate must show that the required vaccines and boosters were given, and must bear the signature of the licensed physician or registered nurse who administered the vaccines or boosters. [If records are not available from a licensed physician or registered nurse, a sworn statement from the parent or guardian suffices.]

      3.  If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional enrollment do not apply.

      4.  A child may enter school conditionally if the parent or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the appropriate school officials within 90 school days after the child was conditionally admitted, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met.


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

ê1987 Statutes of Nevada, Page 1336 (Chapter 560, AB 411)ê

 

been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS 432.100 to 432.130, inclusive, and chapter 432B of NRS.

      5.  [The requirements of subsection 1 are satisfied if a certificate was filed in a previous year with any school district, or any licensed private school or facility for the care of children in this state indicating that a pupil has been immunized as required by this section.

      6.] Before December 31 of each year, each private school must report to the health division of the department of human resources, on a form furnished by the division, the exact number of pupils who have completed the immunizations required by this section.

      6.  The certificate of immunization must be included in the pupil’s academic or cumulative record and transferred as part of that record upon request.

      Sec. 3.  NRS 432A.230 is hereby amended to read as follows:

      432A.230  1.  Unless excused because of religious belief or medical condition, a child may not be admitted to any child care facility within this state, including a facility licensed by a county or city, unless his parents or guardian submit to the operator of the facility a certificate [or certificates] stating that the child has been immunized and has received proper boosters for [such] that immunization or is complying with the [time limits and] schedules established by regulation pursuant to NRS 439.550 for the following diseases:

      (a) Diphtheria;

      (b) Tetanus;

      (c) Pertussis if the child is under 6 years of age;

      (d) Poliomyelitis;

      (e) Rubella;

      (f) Rubeola; and

      (g) Such other diseases as the local board of health or the state board of health may determine.

      2.  The certificate [or certificates required in subsection 1] must show that [such required immunization] the required vaccines and boosters were given, and must bear the signature of the licensed physician or registered nurse who administered [such] the vaccines or boosters. [If records are not available from a licensed physician or registered nurse, a sworn statement from the parent or guardian suffices.]

      3.  If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional admission do not apply.

      4.  A child may enter a child care facility conditionally if the parent [,] or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the operator of the child care facility within 90 school days after the child was conditionally admitted, the child must be excluded from the facility.


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

ê1987 Statutes of Nevada, Page 1337 (Chapter 560, AB 411)ê

 

      5.  [The requirements of subsection 1 are satisfied if a certificate or certificates have been filed in a previous year with any licensed child care facility, school district or licensed private school in the State of Nevada indicating that the child has been immunized as required by this section.

      6.] Before December 31 of each year, each child care facility must report to the health division [,] of the department, on a form furnished by the division, the exact number of children who have completed the immunizations required by this section.

 

_______

 

 

CHAPTER 561, SB 229

Senate Bill No. 229–Committee on Taxation

CHAPTER 561

AN ACT relating to the taxation of property; requiring use of the centrally assessed value of certain construction in progress or newly completed; revising the provisions governing the assessment, collection and remission of taxes on property of an interstate or intercounty nature; providing a direct appeal to the state board of equalization concerning property centrally assessed; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The department shall enter on a central assessment roll the assessed valuation established for such classes of property as are enumerated in NRS 361.320, except for private car lines, together with the apportionment of each county of the assessment.

      2.  On or before January 1 of the fiscal year in which the assessment is made, the department shall mail to each taxpayer on the central assessment roll a notice of the amount of his assessment. The department shall bill each such taxpayer pursuant to subsection 3 of NRS 361.480. The tax must be paid to the department pursuant to NRS 361.483.

      3.  Upon receipt, the department shall apportion and promptly remit all taxes due each county.

      4.  As an alternative to any other method of recovering delinquent taxes provided by this chapter, the attorney general may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due under this section in the manner provided in NRS 361.560.

      Sec. 2.  NRS 361.260 is hereby amended to read as follows:

      361.260  1.  Each year, the county assessor, except as otherwise required by a particular statute, shall ascertain by diligent inquiry and examination all real and secured personal property in his county which is subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the property.


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

ê1987 Statutes of Nevada, Page 1338 (Chapter 561, SB 229)ê

 

subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the property. He shall then determine the taxable value of all such property and he shall then list and assess it to the person, firm, corporation, association or company owning it. He shall take the same action between May 1 and the following April 30, with respect to personal property which is to be placed on the unsecured tax roll.

      2.  Any real property in existence on the following July 1 whose existence was not ascertained in time to be placed on the secured roll for that tax year and which is not governed by subsection 3 must be placed on the unsecured tax roll.

      [2.] 3.  The value of any property apportioned among counties pursuant to NRS 361.320, 361.321 and 361.323 must be added to the central assessment roll at the assessed value established by the Nevada tax commission or as established pursuant to an appeal to the state board of equalization.

      4.  In arriving at the taxable value of all public utilities of an intracounty nature, the intangible or franchise element must be considered as an addition to the physical value and a portion of the taxable value.

      [3.] 5.  In addition to the inquiry and examination required in subsection 1, for any property not physically reappraised in the current assessment year, the county assessor shall determine its assessed value for that year by applying a factor for improvements, if any, and a factor for land to the assessed value for the preceding year. The factor for improvements must reasonably represent the change, if any, in the taxable value of typical improvements in the area since the preceding year, and must take into account all applicable depreciation and obsolescence. The factor for improvements must be adopted by the Nevada tax commission. The factor for land must be developed by the county assessor and approved by the commission. The factor for land must be so chosen that the median ratio of the assessed value of the land to the taxable value of the land in each area subject to the factor is not less than 30 percent nor more than 35 percent.

      [4.] 6.  The county assessor shall physically reappraise all property at least once every 5 years.

      Sec. 3.  NRS 361.320 is hereby amended to read as follows:

      361.320  1.  At the regular session of the Nevada tax commission commencing on the 1st Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which must in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state. This valuation must not include the value of vehicles as defined in NRS 371.020.


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

ê1987 Statutes of Nevada, Page 1339 (Chapter 561, SB 229)ê

 

      2.  Except as otherwise provided in subsection 3 and NRS 361.323, the commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit. If the company is operating in more than one county, on establishing the unit valuation for the collective property, the commission shall then determine the total aggregate mileage operated within the state and within its several counties, and apportion the mileage upon a mile-unit valuation basis. The number of miles apportioned to any county are subject to assessment in that county according to the mile-unit valuation established by the commission.

      3.  After establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the commission shall segregate the value of any project in this state for the generation of electricity which is not yet put to use. This value must be assessed in the county where the project is located and must be taxed at the same rate as other property.

      4.  The Nevada tax commission shall adopt formulas, and cause them to be incorporated in its records, providing the method or methods pursued in fixing and establishing the taxable value of all franchises and property assessed by it. The formulas must be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas must in any event show all the elements of value considered by the commission in arriving at and fixing the value for any class of property assessed by it. These formulas must take into account, as indicators of value, the company’s income, stock and debt, and the cost of its assets.

      5.  As used in this section the word “company” means any person, company, corporation or association engaged in the business described.

      6.  [In case of an omission by the commission to establish a valuation for assessment purposes upon the property mentioned in this section, the county assessors of any counties wherein the property is situated shall assess it.

      7.] All other property must be assessed by the county assessors, except as provided in NRS 361.321 and 362.100 and except that the valuation of land and mobile homes must be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.

      [8.  On or before the 1st Monday in December the department shall transmit to the several county assessors the assessed valuation found on such classes of property as are enumerated in this section, except for private car lines, together with the apportionment of each county of the assessment. The several county assessors shall enter on the roll all such assessments transmitted to them by the department.

      9.] 7.  On or before November 1 of each year the department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the department which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31.


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

ê1987 Statutes of Nevada, Page 1340 (Chapter 561, SB 229)ê

 

the counties no later than January 31. The portion of the taxes which is due the state must be transmitted directly to the state treasurer. A company which fails to pay the tax within the time required shall pay a penalty of 10 percent of the tax due or $5,000, whichever is greater, in addition to the tax. Any amount paid as a penalty must be deposited in the state general fund. The department may, for good cause shown, waive the payment of a penalty pursuant to this subsection. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the attorney general may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due under this subsection in the manner provided in NRS 361.560.

      Sec. 4.  NRS 361.321 is hereby amended to read as follows:

      361.321  1.  Any business which owns, manages or operates property that is assessed pursuant to NRS 361.320 shall, on or before [February 15] the 1st Monday in September of each year, submit to the department a report of any construction [that was:

      (a) Completed during] which represents a net addition to its property as distinguished from an addition of property exempt from taxation, a replacement or repair:

      (a) During the period from July 1 to December 31 of the preceding fiscal year; [or

      (b) In progress on December 31 next preceding the report,

which represents an addition to its property as distinguished from replacement or repair.

      2.  On or before March 1, the department shall apportion the value of this property in the manner provided in NRS 361.320 and shall certify to the county auditors the value thereby added in each county to the valuations of such property last previously transmitted to them.] and

      (b) During the period from January 1 to June 30 of the preceding fiscal year.

      2.  At the regular session of the Nevada tax commission commencing on the 1st Monday in October of each year, the Nevada tax commission shall establish the valuation of, for assessment purposes:

      (a) The property reported pursuant to paragraph (b) of subsection 1, and enter that valuation on the central assessment roll pursuant to section 1 of this act for the next fiscal year; and

      (b) The property reported pursuant to paragraphs (a) and (b) of subsection 1 for supplemental tax bills for the current fiscal year.

      3.  The department shall mail a supplemental tax bill to each person reporting construction pursuant to subsection 1 by November 1 of each year. The bills must be mailed pursuant to subsection 2 of section 1 of this act.

      4.  Taxes assessed pursuant to paragraph (b) of subsection 2 must be paid to the department by December 15 of each year. Upon receipt, the department shall apportion and promptly remit all taxes due each county.

      5.  The county assessor of each county shall not assess property assessed pursuant to this section.


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

ê1987 Statutes of Nevada, Page 1341 (Chapter 561, SB 229)ê

 

      Sec. 5.  NRS 361.403 is hereby amended to read as follows:

      361.403  1.  Any person, firm, company, association or corporation, claiming overvaluation or excessive valuation of its property in this state; or

      2.  Any representative of any local government entity or the department claiming undervaluation, overvaluation or nonassessment of any property in the state,

solely by reason of the valuation placed thereon by the Nevada tax commission pursuant to NRS 361.320, [361.323,] 361.325 or 367.050, whether or not it is apportioned pursuant to NRS 361.321 or 361.323, is entitled to a hearing before the state board of equalization to protest any assessment resulting therefrom, without appearing before or requesting relief from the county board of equalization. If a hearing is held, evidence of the valuation of the property in which the value is determined by using appropriate appraisal standards must be submitted to the state board of equalization.

      Sec. 6.  NRS 354.59811 is hereby amended to read as follows:

      354.59811  For each fiscal year beginning on or after July 1, 1983, the revenue of the local government from taxes ad valorem, except those levied for debt service, must not exceed the amount calculated as follows:

      1.  The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding net proceeds of mines, it will produce 104.5 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year.

      2.  This rate must then be applied to the total assessed valuation, excluding net proceeds of mines but including new real property, possessory interests and mobile homes, for the current fiscal year.

      Sec. 7.  NRS 354.59816 is hereby amended to read as follows:

      354.59816  1.  For the fiscal years beginning on and after July 1, 1984, the maximum allowable revenue from the supplemental city-county relief tax and taxes ad valorem, combined, but excluding any tax levied ad valorem for debt service, must be calculated as follows:

      (a) Assessed valuation for the preceding fiscal year, including the assessed valuation of property on the central assessment roll allocated to the local government but excluding net proceeds of mines, is added to an amount equal to the product of that assessed valuation multiplied by 80 percent of the proportionate increase in the Consumer Price Index for the preceding calendar year. To this sum must be added the assessed value of the new real property, possessory interests and mobile homes added to the assessment rolls in the past year for that local government [.] , including the assessed valuation of property added to the central assessment roll in the past year and allocable to the local government.

      (b) The percentage increase that the total calculated pursuant to paragraph (a) represents over the assessed valuation, including the assessed valuation of property on the central assessment roll allocable to the local government but excluding net proceeds of mines, for the preceding year is the maximum percentage by which the combined amount allowable from the supplemental city-county relief tax and taxes ad valorem may increase over the amount allowed for the preceding year.


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

ê1987 Statutes of Nevada, Page 1342 (Chapter 561, SB 229)ê

 

of property on the central assessment roll allocable to the local government but excluding net proceeds of mines, for the preceding year is the maximum percentage by which the combined amount allowable from the supplemental city-county relief tax and taxes ad valorem may increase over the amount allowed for the preceding year.

      2.  If the local government levies a tax ad valorem for debt service upon an obligation which has previously been repaid from another source, the combined amount which it may receive pursuant to this section is reduced by the amount of that tax ad valorem.

      3.  If a board of county commissioners which during the fiscal year ending on June 30, 1981, distributed all or part of the state gaming license fees received pursuant to paragraph (b) of subsection 2 of NRS 463.320 to other local governments thereafter reduces or discontinues that distribution, the amount that the county may receive from the supplemental city-county relief tax is reduced by an equal amount.

      Sec. 8.  The amendatory provisions of section 4 of this act apply to construction beginning on January 1, 1987.

      Sec. 9.  Sections 2 and 3 of this act become effective at 12:01 a.m. on July 1, 1987.

 

_______

 

 

CHAPTER 562, AB 104

Assembly Bill No. 104–Committee on Transportation

CHAPTER 562

AN ACT relating to equipment for vehicles; making various changes concerning stop lamps, theft alarms and tire chains; providing requirements for certain devices used to stop a vehicle while it is in motion; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  If a highway in this state is marked or posted with signs requiring the use of tire chains or snow tires, a motor vehicle or combination of vehicles must be equipped with:

      (a) Either tire chains or snow tires if it has a gross weight or combined gross weight of 10,000 pounds or less.

      (b) Tire chains if it has a gross weight or combined gross weight of more than 10,000 pounds.

      2.  If a highway in this state is marked or posted with signs requiring the use of tire chains on all motor vehicles except vehicles with 4-wheel drive and snow tires on all wheels, all such motor vehicles must be equipped with tire chains.


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

ê1987 Statutes of Nevada, Page 1343 (Chapter 562, AB 104)ê

 

      Sec. 3.  If a motor vehicle is required to be equipped with tire chains or snow tires, the chains must be installed or the tires must be mounted on at least two:

      1.  Driving wheels of the motor vehicle; and

      2.  Braking wheels of any trailing vehicle in a combination of vehicles if that trailing vehicle is equipped or required to be equipped with brakes.

      Sec. 4.  If mechanical devices are mounted on both sides of a motor vehicle which, when activated by the driver, provide traction by deploying a chain of metal cross members under a tire while the vehicle is in motion, the:

      1.  Cross members must extend across at least 85 percent of the width of the tire; and

      2.  Devices may be used only upon the drive axles of the vehicle.

      Sec. 5.  NRS 484.555 is hereby amended to read as follows:

      484.555  1.  Except as provided in subsection 5, every motor vehicle, trailer [,] and semitrailer , and any vehicle which is being drawn at the end of a train of vehicles must be equipped with two or more stop lamps, except that any vehicle manufactured before July 1, 1969, must have at least one stop lamp if the vehicle was originally equipped with only one stop lamp.

      2.  Except as otherwise provided in this chapter, [such] the stop lamp or lamps must [be] :

      (a) Be on the rear of the vehicle, and if there are two or more than two must be as widely spaced laterally as practicable [, and must display a red] ;

      (b) Display a red, amber or yellow light visible from a distance of not less than 300 feet to the rear in normal sunlight [, which must be] ; and

      (c) Be activated upon application of the brake.

      3.  On a combination of vehicles, stop lamps on the rearmost vehicle only are required.

      4.  A stop lamp may be incorporated with a tail lamp.

      5.  The provisions of this section do not apply to towable tools or equipment.

      Sec. 6.  NRS 484.607 is hereby amended to read as follows:

      484.607  1.  Every motor vehicle when operated upon a highway [shall] must be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but [no] the horn or other warning device [shall] must not emit an unreasonably loud or harsh sound or a whistle.

      2.  [Any] A person driving a motor vehicle shall, when reasonably necessary to [insure] ensure safe operation, give audible warning with his horn, but shall not otherwise use [such] the horn when upon a highway.

      3.  [No vehicle shall] A vehicle must not be equipped with [nor shall any person] , and a person shall not use upon a vehicle [any] , a siren, whistle or bell, except as otherwise provided in this chapter.

      4.  It is permissible, but not required, [that any commercial vehicle be equipped] to equip a vehicle with a theft alarm [signal device] which is [so] arranged so that it cannot be used by the driver as an ordinary warning signal.


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

ê1987 Statutes of Nevada, Page 1344 (Chapter 562, AB 104)ê

 

      5.  [Any] An authorized emergency vehicle may be equipped with a siren, whistle or bell, capable of emitting sound audible under normal conditions from a distance of not less than 500 feet, but [such siren shall] the siren must not be used except when [such] the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which event the driver of the vehicle shall sound the siren when necessary to warn pedestrians and other drivers of [the approach thereof.] his approach.

      Sec. 7.  NRS 484.643 is hereby amended to read as follows:

      484.643  1.  It is unlawful for any person to operate a motor vehicle, whether it is an emergency vehicle or otherwise, without tire chains or snow tires upon any street or highway, under icy or snowy conditions, when the highway is marked or posted with signs for the requirement of chains or snow tires.

      2.  The director may adopt regulations defining “snow tire.” The director shall consider regulations of the Federal Highway Administration and the National Highway Traffic Safety Administration and publications of the Rubber Manufacturers Association. The regulations must specify minimum standards for patterns of tread on snow tires which will provide adequate traction in mud and snow.

      3.  As used in this section, “tire chain” means a device consisting of two metal or plastic circular loops, one on each side of a tire, which are connected across the tread of the tire by not less than nine evenly spaced chains, cables or straps.

 

_______

 

 

CHAPTER 563, AB 300

Assembly Bill No. 300–Committee on Judiciary

CHAPTER 563

AN ACT relating to actions concerning property; exempting certain persons from the provisions governing foreclosures; excepting certain proceedings in other jurisdictions from the “one-action” rule for recovery of a debt secured by a mortgage or lien on real property; extending the period for filing an application for a deficiency judgment; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 40 of NRS is hereby amended by adding thereto a new section to read as follows:

      The provisions of NRS 40.430 to 40.459, inclusive, do not apply to a mortgagor, beneficiary of a deed of trust or lienor whose debt or right is no longer secured by a mortgage, deed of trust or lien upon real estate because the real estate was sold to a person other than the mortgagor, beneficiary or lienor to satisfy, in whole or in part, a debt or right which was secured by a senior mortgage, deed of trust or lien.


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

ê1987 Statutes of Nevada, Page 1345 (Chapter 563, AB 300)ê

 

lienor to satisfy, in whole or in part, a debt or right which was secured by a senior mortgage, deed of trust or lien.

      Sec. 2.  NRS 40.430 is hereby amended to read as follows:

      40.430  1.  Except as otherwise provided in chapter 104 of NRS, there [shall] may be but one action for the recovery of any debt, or for the enforcement of any right secured by mortgage , deed of trust or lien upon real estate . [, which action shall] That action must be in accordance with the provisions of this section and NRS 40.440 to 40.459, inclusive. In [such] that action, the judgment [shall] must be rendered for the amount found due the plaintiff, and the court [shall have power,] may, by its decree or judgment, [to] direct a sale of the encumbered property, or such part thereof as [shall be] is necessary, and apply the proceeds of the sale to the payment of the costs and the expenses of the sale, the costs of the suit, and the amount due [to] the plaintiff. An action or proceeding in another jurisdiction which is necessary or appropriate under the laws of that jurisdiction for a creditor to collect upon collateral of real or personal property located outside this state is not an “action” within the meaning of this section.

      2.  A sale directed by the court pursuant to subsection 1 [shall] must be conducted by the sheriff of the county in which the encumbered land is situated, and if the encumbered land is situated in two or more counties, the court shall direct the sale to be conducted in one of [such] the counties by the sheriff of that county with like proceedings and effect as if the whole of the encumbered land were situated in that county.

      Sec. 3.  NRS 40.455 is hereby amended to read as follows:

      40.455  1.  Upon application of the judgment creditor or the beneficiary of the deed of trust within [3] 6 months after the date of the foreclosure sale or the trustee’s sale held pursuant to NRS 107.080, respectively, and after the required hearing, the court shall award a deficiency judgment to the judgment creditor or the beneficiary of the deed of trust if it appears from the sheriff’s return or the recital of consideration in the trustee’s deed that there is a deficiency of the proceeds of the sale [proceeds] and a balance remaining due to the judgment creditor or the beneficiary of the deed of trust, respectively.

      2.  If the indebtedness is secured by more than one parcel of real property, more than one interest in the real property or more than one mortgage or deed of trust, the 6-month period begins to run after the date of the foreclosure sale or trustee’s sale of the last parcel or other interest in the real property securing the indebtedness, but in no event may the application be filed more than 2 years after the initial foreclosure sale or trustee’s sale.

 

_______


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

ê1987 Statutes of Nevada, Page 1346ê

 

CHAPTER 564, AB 425

Assembly Bill No. 425–Assemblymen Marvel, Bergevin, Tebbs, Nevin and Wisdom

CHAPTER 564

AN ACT relating to financial institutions; authorizing a financial institution to bring an action for the recovery of damages against a borrower who engages in certain fraudulent conduct; providing a period of limitation on the commencement of the action; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 40 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  As used in this section, “financial institution” means a bank, mortgage company, credit union, thrift company or savings and loan association, or any subsidiary or affiliate of a bank, mortgage company, credit union, thrift company or savings and loan association, which is authorized to transact business in this state and which makes or acquires, in whole or in part, any loan of the kind described in subsection 2.

      2.  Except as otherwise provided in subsection 5, a person who, for the purpose of obtaining a loan secured by a lien on real property, knowingly conceals a material fact, or makes a false statement concerning a material fact knowing that the statement is false, is liable to any financial institution which relied upon the absence of that concealed fact or on that false statement for any damages it sustains because of the fraud.

      3.  In addition to its actual damages, a financial institution may recover exemplary or punitive damages in an amount not to exceed 50 percent of the actual damages awarded.

      4.  The cause of action provided by this section:

      (a) Is not, for the purposes of NRS 40.430, an action for the recovery of any debt or an action for the enforcement of any right secured by mortgage or lien upon real estate.

      (b) Is in addition to and not in substitution for any right of foreclosure existing in favor of the financial institution. Any recovery pursuant to this section does not limit the amount of a judgment awarded pursuant to NRS 40.459, but the financial institution is not entitled to recover actual damages more than once for the same loss.

      5.  The provisions of this section do not apply to any loan which is secured by a lien on real property used for residential purposes if:

      (a) The residence is a single-family dwelling occupied by the person obtaining the loan, as represented by him in connection with his application for the loan; and

      (b) The loan is for the principal amount of $150,000 or less.

      Sec. 2.  NRS 11.190 is hereby amended to read as follows:

      11.190  Actions other than those for the recovery of real property, unless further limited by specific statute, can only be commenced as follows:


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

ê1987 Statutes of Nevada, Page 1347 (Chapter 564, AB 425)ê

 

      1.  Within 6 years:

      (a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.

      (b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.

      2.  Within 4 years:

      (a) An action on an open account for goods, wares and merchandise sold and delivered.

      (b) An action for any article charged on an account in a store.

      (c) An action upon a contract, obligation or liability not founded upon an instrument in writing.

      3.  Within 3 years:

      (a) An action upon a liability created by statute, other than a penalty or forfeiture.

      (b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.

      (c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without his fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable man upon inquiry as to the possession thereof by the defendant.

      (d) Except as otherwise provided in section 11 of [of this act,] chapter 8, Statutes of Nevada 1987, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.

      (e) An action pursuant to section 1 of this act for damages sustained by a financial institution because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution of the facts constituting the concealment or false statement.

      4.  Within 2 years:

      (a) An action against a sheriff, coroner or constable upon liability incurred by acting in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.

      (b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the state, or both, except when the statute imposing it prescribes a different limitation.


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

ê1987 Statutes of Nevada, Page 1348 (Chapter 564, AB 425)ê

 

      (c) An action for libel, slander, assault, battery, false imprisonment or seduction.

      (d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.

      (e) An action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.

      5.  Within 1 year:

      (a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.

      (b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.

      Sec. 3.  Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1987.

 

_______

 

 

CHAPTER 565, AB 822

Assembly Bill No. 822–Committee on Economic Development, Small Business and Tourism

CHAPTER 565

AN ACT relating to the department of commerce; authorizing the director of the department to enter into contracts with and receive grants from any source for the program for financing exportation of foreign goods; authorizing the director to promote or assist in the creation of shared foreign sales corporations in furtherance of the purposes of such a program; authorizing the director to promote or create certain nonprofit corporations consistent with the purposes, powers and duties of the department; authorizing the director to make bonds issued by him nonexempt from federal income tax; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 349.750 is hereby amended to read as follows:

      349.750  1.  The director shall administer the provisions of NRS 349.700 to 349.870, inclusive. The director may [employ] :

      (a) Employ or contract for the services of attorneys, accountants, financial experts, and other advisers, employees, consultants and agents as the director [may determine] determines to be necessary.


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ê1987 Statutes of Nevada, Page 1349 (Chapter 565, AB 822)ê

 

      (b) Enter into any agreement or other transaction with, or accept any grant from and cooperate with any governmental entity or other source in furtherance of the purposes of NRS 349.700 to 349.870, inclusive.

      (c) Within the financial resources made available to him in administering the program:

             (1) Create or cause to be created any nonprofit corporation, pursuant to NRS 81.350 to 81.400, inclusive, which he determines is necessary or convenient for the furtherance of the purposes of NRS 349.700 to 349.870, inclusive. The purposes, powers and operation of the corporation must be consistent with the purposes of NRS 349.700 to 349.870, inclusive.

             (2) Promote and assist the creation of any corporate entity formed under the general corporation laws of this or any other state or nation for the purpose of qualifying as a shared foreign sales corporation or other similar entity pursuant to 26 U.S.C. §§ 922 to 927, inclusive. The state must not have any financial interest in such a corporation.

      2.  [Before] If revenue bonds have been issued pursuant to NRS 349.825, the director shall, before September of each even-numbered year , [the director shall] submit a report of the operations of the department of commerce in connection with this program for the biennium ending June 30 of that year to the [governor, the state treasurer] state board of finance and the legislative commission. This report must include a complete statement of the income, expenses, assets and liabilities of the program.

      Sec. 2.  NRS 232.250 is hereby amended to read as follows:

      232.250  The director:

      1.  Shall appoint, with the consent of the governor, a chief of each of the divisions of the department. In making the appointments, other than that of the state fire marshal and the administrator of unclaimed property, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and make the appointments after consultation with and concurrence of the organizations. The director shall consult the state fire marshal’s advisory board and appoint the state fire marshal from the list of candidates presented by the board. The chief of the consumer affairs division is the commissioner of consumer affairs, the chief of the division of financial institutions is the administrator of financial institutions, the chief of the housing division is the administrator of the housing division, the chief of the insurance division is the commissioner of insurance, the chief of the manufactured housing division is the administrator of the manufactured housing division, the chief of the real estate division is the real estate administrator, the chief of the state fire marshal division is the state fire marshal and the chief of the division of unclaimed property is the administrator of unclaimed property.

      2.  Is responsible for the administration through the divisions of the department of the provisions of Titles 55, 56 and 57, of NRS, chapters 319 and 645 of NRS, and NRS 598.360 to 598.640, inclusive, and for the administration directly or through a division of all other provisions of law relating to the functions of the department.


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ê1987 Statutes of Nevada, Page 1350 (Chapter 565, AB 822)ê

 

      3.  May, within the limits of the financial resources made available to him, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to NRS 81.350 to 81.400, inclusive, which he determines is necessary or convenient for the exercise of the powers and duties of the department. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the department.

      4.  For any bonds which he is otherwise authorized to issue, may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax.

 

_______

 

 

CHAPTER 566, SB 534

Senate Bill No. 534–Committee on Government Affairs

CHAPTER 566

AN ACT relating to assistance to finance housing; expanding the powers of the housing division of the department of commerce; authorizing the housing division to allocate certain credits for low-income housing pursuant to federal law; creating an advisory committee on housing within the housing division; providing for its powers and duties; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 319 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  “Collateralized mortgage obligation” means an obligation which represents an interest in a loan or a group of loans or which may be issued by the owner of one or more loans and secured by an assignment of or an interest in the principal or interest payable from such a loan or loans or by an interest in the underlying loan.

      Sec. 3.  1.  The division may create or cause to be created:

      (a) Nonprofit corporations, pursuant to NRS 81.350 to 81.400, inclusive;

      (b) Grantor trusts; or

      (c) Other instrumentalities,

which the division determines are necessary or convenient for the exercise of its powers and duties pursuant to this chapter.

      2.  Any corporation created pursuant to subsection 1 must be subject to the control of the administrator. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the division.

      3.  Any notes, bonds or other obligations issued by a corporation, trust or other instrumentality created pursuant to subsection 1 are subject to the same requirements prescribed for notes, bonds and other obligations of the division in NRS 319.270 and 319.280 and sections 4, 5 and 6 of this act.


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

ê1987 Statutes of Nevada, Page 1351 (Chapter 566, SB 534)ê

 

      Sec. 4.  The division may invest its money in collateralized mortgage obligations or in trusts created to finance, acquire or invest in collateralized mortgage obligations if the collateralized mortgage obligations or trusts so created are:

      1.  In furtherance of the purposes of the division; and

      2.  Rated within one of the top three rating categories of a national rating service at the time the investment is made.

      Sec. 5.  1.  The division may, in addition to the notes and bonds authorized by NRS 319.270, issue from time to time its collateralized mortgage obligations or other negotiable notes, bonds or obligations which may be secured by collateral consisting of, otherwise secured in whole or in part by, or which may evidence loans or participations or other interests in loans or participations. Any money acquired from such an issuance must be applied by the division to carry out its purposes.

      2.  Any such collateralized mortgage obligations or other notes, bonds or obligations are subject to the limitations of subsection 5 of NRS 319.270 to the extent they constitute a debt under generally accepted accounting principles.

      3.  Using the proceeds of collateralized mortgage obligations or other available money, the division may purchase or otherwise acquire the loans or participations or other interests in loans or participations which are collateral for, secure or evidence or are evidenced by collateralized mortgage obligations or other notes, bonds or obligations issued by the division pursuant to this section. Such loans may be secured by mortgages on real property outside of this state.

      4.  Before the issuance of any collateralized mortgage obligations or other bonds, notes or obligations pursuant to this section, the administrator shall submit to the state board of finance a copy of his findings that:

      (a) The issuance of the obligation is in furtherance of the purposes of the division; and

      (b) The estimate of the revenues and other amounts to be derived from such financing is sufficient to pay the amount estimated to be necessary for debt service on the collateralized mortgage obligations or other notes, bonds or obligations issued pursuant to this section.

If that board approves, the division may proceed to issue such collateralized mortgage obligations or other notes, bonds or obligations in the amount approved.

      Sec. 6.  The division may:

      1.  Provide that any bonds or notes issued by the division be insured or be secured by surety bonds, letters of credit, guaranties or other means of assuring repayment of such bonds or notes.

      2.  Require that any loans, including a mortgage loan, made or purchased by the division be insured or be secured by surety bonds, letters of credit, guaranties or other means of assuring repayment of such loans.

      3.  Pay the fees, charges, premiums and any other costs associated with obtaining and maintaining such insurance, or other means of assuring repayment, from any available money of the division including premiums, fees and charges assessed against sponsors, lending institutions or other participants or beneficiaries of the programs of the division.


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

ê1987 Statutes of Nevada, Page 1352 (Chapter 566, SB 534)ê

 

repayment, from any available money of the division including premiums, fees and charges assessed against sponsors, lending institutions or other participants or beneficiaries of the programs of the division.

      Sec. 7.  The division may:

      1.  Waive, by such means as the division deems appropriate, any exemption from federal income taxation of interest on the division’s bonds, notes or other obligations provided by 26 U.S.C. §§ 103 and 141 to 149, inclusive, and related portions of the Internal Revenue Code or any succeeding code or other federal statute providing a similar exemption; or

      2.  Issue notes, bonds or other obligations, the interest on which is not exempt from federal income taxation or excluded from gross revenue for the purpose of federal income taxation, if necessary to carry out the proposes of this chapter.

      Sec. 8.  1.  The division is hereby designated as the housing credit agency for the State of Nevada, as that term is defined in 26 U.S.C. § 42(h)(7)(A), for the purpose of allocating and distributing credits for low-income housing pursuant to 26 U.S.C. § 42.

      2.  The division:

      (a) May adopt regulations establishing procedures necessary for the proper allocation and distribution of credits for low-income housing pursuant to 26 U.S.C. § 42; and

      (b) Shall exercise all powers necessary to administer the allocation and distribution of those credits.

      Sec. 9.  1.  The administrator shall appoint an advisory committee on housing to advise him, pursuant to subsection 4, on the investment of money or issuance of obligations.

      2.  The advisory committee consists of five members as follows:

      (a) One representative of an association of mortgage bankers in this state chosen by the administrator, selected from a list of names submitted to the administrator by that association.

      (b) One representative of persons engaged in residential construction in this state.

      (c) One representative of banks in this state.

      (d) One representative of savings and loan associations in this state.

      (e) One representative of financial institutions in general that loan money for mortgages.

      3.  The advisory committee shall meet from time to time at the written request of the administrator or a majority of the members of the committee.

      4.  At least 15 days before the:

      (a) Investment of money of the division pursuant to section 4 of this act; or

      (b) Submission of findings to the state board of finance pursuant to subsection 4 of section 5 of this act,

the administrator shall submit a plan of investment or a plan of financing with any proposed findings to the advisory committee for its review and comment.


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

ê1987 Statutes of Nevada, Page 1353 (Chapter 566, SB 534)ê

 

      5.  The administrator shall report at least twice each year to the committee on the activities of the division.

      Sec. 10.  NRS 319.020 is hereby amended to read as follows:

      319.020  The legislature finds and declares that:

      1.  There exists a serious shortage of decent, safe and sanitary housing in this state available to persons and families of low and moderate income [.] and that many other persons and families are unable to secure or afford, without assistance, decent, safe and sanitary housing.

      2.  This condition is conducive to disease, crime, environmental decline and poverty, impairs the economic value of large areas, which are characterized by depreciated value, impaired investments, reduced capacity to pay taxes, and lack of new development to meet the needs of area residents, and is a menace to the health, safety, morals and welfare of the [citizens] residents of this state.

      3.  This condition results in a loss of population and further deterioration accompanied by added costs to communities for creation of new public facilities and services elsewhere.

      4.  It is difficult and uneconomic for individual owners independently to remedy this condition.

      5.  One major cause of this condition has been recurrent shortages of money from private sources, and such shortages have contributed to reductions in construction of new residential housing and have made the sale and purchase of existing residential housing a virtual impossibility in certain parts of the state.

      6.  The ordinary operations of private enterprise have not in the past corrected these conditions.

      7.  The reduction in housing construction has caused substantial unemployment and underemployment in the construction industry which results in hardships, wastes human resources, increases the public assistance burdens of the state, impairs the security of family life, impedes the economic and physical development of the state and adversely affects the welfare, health and prosperity of all the people of this state.

      8.  A stable supply of adequate money for the financing of housing is required to encourage new housing in an orderly and sustained manner and thereby to reduce these detrimental results.

      9.  It is necessary to create a housing division in the department of commerce to encourage the investment of private capital and stimulate the financing of housing through the use of public financing to provide mortgage loans and to make loans to and purchase mortgage loans from mortgage lenders [.] , and to perform any other function authorized by this chapter.

      10.  It is appropriate for the housing division to issue obligations regardless of their characterization for the purposes of federal income taxation by the United States Department of the Treasury.

      11.  All of the purposes set forth in [subsection 9] this chapter are public purposes and uses for which public [moneys] money may be borrowed, expended, advanced, loaned or granted.


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

ê1987 Statutes of Nevada, Page 1354 (Chapter 566, SB 534)ê

 

This chapter [shall] must be liberally construed to accomplish the public purposes and alleviate the detrimental conditions set forth in this section.

      Sec. 11.  NRS 319.030 is hereby amended to read as follows:

      319.030  As used in this chapter, the words and terms defined in NRS 319.040 to 319.135, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 12.  NRS 319.190 is hereby amended to read as follows:

      319.190  The division may make, undertake commitments to make and participate with lending institutions in the making of [insured] mortgage loans, and make temporary loans and advances in anticipation of [insured] mortgage loans , to finance the acquisition, construction or rehabilitation of [multifamily] residential housing [.] , including multifamily housing. Any loan made by the division pursuant to this section must be insured or guaranteed unless it is financed by an issue of obligations of the division that are insured or secured by surety bonds, letters of credit, guaranties or other means of assuring repayment of those obligations. Such loans [shall] may be made only [to sponsors and only] after a determination by the administrator that mortgage loans are not otherwise available from private lenders upon reasonable equivalent terms and conditions.

      Sec. 13.  NRS 319.280 is hereby amended to read as follows:

      319.280  1.  The notes and bonds must be signed by the administrator, who may use a facsimile signature for this purpose, must bear the date or dates and must mature at such a time or times as the administrator [may determine, except that no bond may mature more than 45 years from the date of its issue.] determines. The bonds may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof. The notes and bonds must bear interest at such a rate or rates, be in such denominations, have such registration privileges, be executed in such a manner, be payable in such a medium of payment, at such a place or places within or [without] outside of the state, and be subject to such terms of redemption as the administrator [may determine.] determines. The notes and bonds of the division may be sold by the division at public or private sale at such a price or prices as the administrator determines [.] except that no note, bond or other obligation issued by the division may be initially distributed to the public unless it has received a rating in one of the three highest rating categories from a national rating service.

      2.  If the administrator whose signature appears on any notes or bonds or coupons ceases to act in that capacity before the delivery of the notes or bonds, his signature is valid and sufficient for all purposes as if he had remained in office until their delivery.

      3.  The provisions of chapter 349 of NRS do not apply to any bonds, notes or other obligations issued by the division under the provisions of this chapter.

      Sec. 14.  NRS 319.320 is hereby amended to read as follows:

      319.320  1.  The division, subject to such agreements with noteholders or bondholders as may then exist, may, out of any [moneys] money available therefor, purchase its notes or bonds [, which shall thereupon be canceled, at a] to retire and cancel them.


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

ê1987 Statutes of Nevada, Page 1355 (Chapter 566, SB 534)ê

 

therefor, purchase its notes or bonds [, which shall thereupon be canceled, at a] to retire and cancel them. The price must not [exceeding:

      1.] exceed:

      (a) The redemption price then applicable plus accrued interest to the next interest payment thereon if the notes or bonds are then redeemable; or

      [2.] (b) The redemption price applicable on the first date after [such] the purchase upon which the notes or bonds become subject to redemption plus accrued interest to [such] that date if the notes or bonds are not redeemable.

      2.  The division may, in connection with any remarketing or refunding of its notes or bonds or for any of its purposes, acquire, or cause to be acquired, its notes or bonds without retiring and canceling them.

 

_______

 

 

CHAPTER 567, AB 295

Assembly Bill No. 295–Committee on Transportation

CHAPTER 567

AN ACT relating to motor carriers; removing the authority of the public service commission of Nevada to waive a certain requirement regarding operation in intrastate commerce; removing the exemption for vehicles used in highway construction from provisions regulating motor carriers; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.266 is hereby amended to read as follows:

      706.266  [1.] It is unlawful for any common, contract or private motor carrier to operate as a motor carrier of intrastate commerce within this state without having furnished the commission the following:

      [(a)] 1.  Where a person does not hold a certificate of public convenience and necessity or a permit to operate as a common or contract motor carrier in the State of Nevada, an affidavit certifying that the person intends to operate as a private carrier.

      [(b)] 2.  Such other information as the commission may request.

      [2.  The commission may waive the requirement of paragraph (a) of subsection 1.]

      Sec. 2.  NRS 706.431 is hereby amended to read as follows:

      706.431  1.  A permit may be issued to any applicant therefor, authorizing in whole or in part the operation covered by the application, if it appears from the application or from any hearing held thereon that:

      (a) The applicant is fit, willing and able properly to perform the service of a contract motor carrier and to conform to all provisions of NRS 706.011 to 706.791, inclusive, and the [lawful requirements and] regulations adopted thereunder; and


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

ê1987 Statutes of Nevada, Page 1356 (Chapter 567, AB 295)ê

 

      (b) The proposed operation will be consistent with the public interest and will not operate to defeat the legislative policy set forth in NRS 706.151.

      2.  An application must be denied if the provisions of subsection 1 are not met.

      3.  The commission shall revoke or suspend pursuant to the provisions of chapter 703 of NRS the permit of a contract motor carrier who has failed to file the annual report required in NRS 703.191 within 60 days after the report is due.

      4.  The commission shall adopt regulations providing for a procedure by which any contract entered into by a contract motor carrier after he has been issued a permit pursuant to this section may be approved by the commission without giving notice required by statute or by a regulation of the commission.

      Sec. 3.  NRS 706.736 is hereby amended to read as follows:

      706.736  1.  Except for the provisions of subsection 4 of NRS 706.171 and NRS 706.281, 706.457 and 706.458, none of the provisions of NRS 706.011 to 706.791, inclusive, apply to:

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

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

      (c) Special mobile equipment.

      (d) [The vehicles of a contractor licensed by the state contractors’ board when used in actually constructing or reconstructing a highway or road or in transporting necessary materials between the site of that work and the sources of material approved by the department of transportation for that particular work.

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

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

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

      Sec. 4.  This act becomes effective on January 1, 1988.

 

_______


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ê1987 Statutes of Nevada, Page 1357ê

 

CHAPTER 568, SB 406

Senate Bill No. 406–Senators Gibson, Neal, Hickey, Horn, Vergiels, O’Connell, Rawson, Shaffer, Malone, Coffin, O’Donnell and Jones

CHAPTER 568

AN ACT relating to railroads; creating the California-Nevada Super Speed Ground Transportation Commission; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 705 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  The legislature finds and declares that:

      1.  Passage of sections 2 to 6, inclusive, of this act is a declaration of legislative intent that the states of California and Nevada jointly consider and, if justified, pursue the development of a super speed ground transportation system connecting southern California with southern Nevada.

      2.  The system will:

      (a) Provide economic benefits to both southern California and southern Nevada.

      (b) Reduce reliance on gasoline- and diesel-fueled engines and encourage the use of alternative energy sources.

      (c) Reduce congestion on Interstate Highway No. 15 between southern California and Las Vegas.

      (d) Provide a working example for a transportation system that could play an essential role in the development of future commuter service in the Los Angeles Basin and the Las Vegas Valley.

      (e) Provide quick and convenient transportation service for residents and visitors in southern California and southern Nevada.

      Sec. 3.  As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires:

      1.  “Commission” means the California-Nevada Super Speed Ground Transportation Commission.

      2.  “Southern California” means the counties of Los Angeles, Orange, Riverside and San Bernardino.

      3.  “Super speed ground transportation system” means a system that:

      (a) Is capable of speeds of at least 180 miles per hour;

      (b) Carries primarily passengers; and

      (c) Operates on a grade-separated, dedicated guideway.

      Sec. 4.  1.  There is hereby created the California-Nevada Super Speed Ground Transportation Commission as a separate legal entity. The governing body of the commission consists of:

      (a) The members from California appointed pursuant to the law of California.

      (b) The same number of members from Nevada as are from California, appointed by the governor of Nevada.


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

ê1987 Statutes of Nevada, Page 1358 (Chapter 568, SB 406)ê

 

      2.  All appointments of members to the commission must be made before February 1, 1988.

      3.  The commission shall elect one of its members to be chairman.

      Sec. 5.  1.  The commission may:

      (a) Subject to the provisions of subsection 2, secure a right of way and award a franchise for the construction and operation of a super speed ground transportation system principally following the route of Interstate Highway No. 15 between Las Vegas, Nevada, and a point in southern California.

      (b) Acquire or gain control or use of land for rights of way, stations and ancillary uses through purchase, gift, lease, use permit or easement.

      (c) Conduct engineering and other studies related to the selection and acquisition of rights of way and the selection of a franchisee, including, but not limited to, environmental impact studies, socioeconomic impact studies and financial feasibility studies. All local, state and federal environmental requirements must be met by the commission.

      (d) Evaluate alternative technologies, systems, and operators for a super speed ground transportation system, and select a franchisee to construct and operate the super speed ground transportation system between southern California and Las Vegas.

      (e) Establish criteria for the award of the franchise.

      (f) Accept grants, gifts, fees and allocations from Nevada or its political subdivisions, the Federal Government, foreign governments and any private source.

      (g) Issue debt, but this debt does not constitute an obligation of the State of California or the State of Nevada, or any of their political subdivisions.

      (h) Hire an executive officer, other staff and any consultants deemed appropriate.

      (i) Select the exact route and terminal sites.

      (j) Obtain, or assist the selected franchisee in obtaining, all necessary permits and certificates from governmental entities in California and Nevada.

      2.  Before the:

      (a) Commission or a franchisee begins construction; and

      (b) Receipt of any final certificates and permits necessary for the construction or use of a public right of way,

the route and terminals selected by the commission must be ratified by the California legislature and the Nevada legislature, or the California legislature and the legislative commission if the Nevada legislature is not in session. As a condition of awarding a franchise, the commission shall require the franchisee to comply with this subsection.

      Sec. 6.  1.  The commission may incorporate under the general incorporation laws of either this state or the State of California, whichever the commission determines to be in its best interests. Copies of its proceedings, records and acts, when authenticated, are admissible in evidence in all courts of either state and are prima facie evidence of the truth of all statements therein.


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

ê1987 Statutes of Nevada, Page 1359 (Chapter 568, SB 406)ê

 

      2.  The members of the commission and its agents and employees are not liable for any damages that result from any act or omission in the performance of their duties or the exercise of their powers pursuant to sections 2 to 6, inclusive, of this act.

      Sec. 7.  1.  This act becomes effective on January 1, 1988.

      2.  This act expires by limitation on January 1, 1992.

 

_______

 

 

CHAPTER 569, AB 184

Assembly Bill No. 184–Committee on Elections

CHAPTER 569

AN ACT relating to elections; providing the procedure for the qualification of a minor political party; revising the procedure for the verification of signatures for certain petitions and certificates; revising the procedure for the creation of commissioner districts in certain counties; revising certain time limits; requiring the secretary of state to prescribe certain forms for a person declaring his candidacy; making other various changes; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7.5, inclusive, of this act.

      Sec. 2.  “Minor political party” means any organization which qualifies as such pursuant to section 3 of this act.

      Sec. 3.  1.  To qualify as a minor political party an organization must file with the secretary of state a certificate of existence which includes the:

      (a) Name of the political party;

      (b) Names of its officers;

      (c) Names of the members of its executive committee; and

      (d) Name of the person authorized to file the list of its candidates with the secretary of state.

      2.  A copy of the constitution or bylaws of the party must be affixed to the certificate.

      3.  A minor political party shall file with the secretary of state an amended certificate of existence within 5 days after any change in the information contained in the certificate.

      4.  The constitution or bylaws of a minor political party must provide a procedure for the nomination of its candidates in such a manner that only one candidate may be nominated for each office.

      5.  A minor political party which fails to file a list of candidates pursuant to section 6 of this act must file a notice of continued existence with the secretary of state not later than the 2nd Friday in August preceding the general election.


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

ê1987 Statutes of Nevada, Page 1360 (Chapter 569, AB 184)ê

 

      6.  A minor political party which fails to file a notice of continued existence as required by subsection 5 ceases to exist as a minor political party in this state.

      Sec. 4.  1.  The names of the candidates of a minor political party must not appear on the ballot for a primary election.

      2.  The names of the candidates of a minor party must be placed on the ballot for the general election if the party has filed a certificate of existence with the secretary of state not later than 65 days before the 2nd Friday in August preceding the general election and:

      (a) At the last preceding general election, the minor political party polled for any of its candidates a number of votes equal to or more than 3 percent of the total number of votes cast for Representative in Congress;

      (b) On January 1 preceding a primary election, the minor political party has been designated as a political party on the affidavits of registration of at least 3 percent of the total number of registered voters in the state; or

      (c) Not later than the 2nd Friday in August preceding the general election, files a petition with the secretary of state which is signed by at least 3 percent of the total number of votes cast at the last preceding general election for Representative in Congress.

      3.  The name of only one candidate of each minor political party for each office may appear on the ballot for a general election.

      Sec. 5.  1.  A petition filed pursuant to paragraph (c) of subsection 2 of section 4 of this act may consist of more than one document. Each document of the petition must:

      (a) Bear the name of a county and include the affirmation of at least one of its signers that the signers are registered voters in the state according to his best information and belief and that the signatures are genuine and were signed in his presence; and

      (b) Be submitted to the county clerk in the county in which they are circulated for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 65 days before the 2nd Friday in August.

      2.  A document which bears the name of a county may be signed only by registered voters of that county.

      Sec. 6.  1.  A minor political party which desires to place its candidates on the ballot for a general election and:

      (a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of section 4 of this act; or

      (b) Files a petition pursuant to paragraph (c) of subsection 2 of section 4 of this act,

must file with the secretary of state a list of its candidates not earlier than January 1 preceding the election nor later than the last Friday in June. The list must be filed with the secretary of state by the person so authorized in the certificate of existence of the minor political party.

      2.  The secretary of state shall immediately transmit a certified copy of the list of candidates of each minor political party to the filing officer with whom each candidate must file his declaration of candidacy.


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

ê1987 Statutes of Nevada, Page 1361 (Chapter 569, AB 184)ê

 

      3.  Each candidate on the list must file his declaration of candidacy with the proper filing officer and pay the fee required by NRS 293.193 not earlier than the date on which the list of candidates of his minor political party is filed with the secretary of state nor later than the 1st Wednesday in July.

      Sec. 7.  1.  If the qualification of a minor political party is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the 3rd Friday in August. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the 3rd Friday in August.

      2.  Any such challenge must be filed with the first judicial district court if the petition was filed with the secretary of state.

      Sec. 7.5.  The filing fee of an independent candidate who files a petition pursuant to NRS 293.200 or 298.109, or of a candidate of a minor political party, must be returned to the candidate by the officer to whom the fee was paid within 10 days after the date on which a final determination is made that the petition of the candidate or minor political party failed to contain the required number of signatures.

      Sec. 8.  NRS 293.010 is hereby amended to read as follows:

      293.010  As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 293.013 to 293.121, inclusive, [and] sections 11 and 12 of [this act,] chapter 152, Statutes of Nevada 1987, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 9.  NRS 293.073 is hereby amended to read as follows:

      293.073  “Political party” means any organization [of registered voters which, under a common name or designation at the last preceding general election, polled for any of its candidates a number of votes equal to or more than 5 percent of the total vote cast for Representative in Congress.] which qualifies as such pursuant to NRS 293.128.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11.  NRS 293.1276 is hereby amended to read as follows:

      293.1276  1.  Within 5 days excluding Saturdays, Sundays and holidays, after the submission of a petition containing signatures which are required to be verified pursuant to NRS 293.128, 293.200, 295.056 [or 306.035,] , 298.109, 306.035 or section 4 of this act, the county clerk shall determine the total number of signatures affixed to the documents and shall transmit that information to the secretary of state.

      2.  If the secretary of state finds that the total number of signatures filed with all the county clerks is less than 100 percent of the required number of registered voters, he shall so notify the [petitioners] person who submitted the petition and the county clerks and no further action may be taken in regard to the petition. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.

      Sec. 12.  NRS 293.1277 is hereby amended to read as follows:

      293.1277  1.  If the secretary of state finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, he shall immediately so notify the county clerks.


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

ê1987 Statutes of Nevada, Page 1362 (Chapter 569, AB 184)ê

 

number of registered voters needed to declare the petition sufficient, he shall immediately so notify the county clerks. Within 15 days after such a notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in his county.

      2.  If more than 500 names have been signed on the documents submitted to him, a county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures, whichever is greater.

      3.  In determining from the records of registration what number of registered voters have signed the documents, the county clerk may use the file of affidavits of registered voters or facsimiles of the voters’ signatures.

      4.  [Upon] Except as otherwise provided in subsection 5, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of his examination and transmit the documents with the certificate to the secretary of state. A copy of this certificate must be filed in the clerk’s office.

      5.  For any petition other than a petition containing signatures which are required to be verified pursuant to NRS 293.128, 293.200, 295.056, 298.109 or section 4 of this act, or a petition containing signatures which are required to be verified pursuant to NRS 306.035 for any statewide office or district office comprising more than one county, the county clerk shall not transmit to the secretary of state the documents containing the signatures of the registered voters.

      6.  The secretary of state may by regulation establish further procedures for carrying out the purposes of this section.

      Sec. 13.  NRS 293.1279 is hereby amended to read as follows:

      293.1279  1.  If the statistical sampling shows that the number of valid signatures filed is 90 percent or more but less than 110 percent of the number of signatures of registered voters needed to declare the petition sufficient, the secretary of state shall order the county clerks to examine every signature for verification.

      2.  If the statistical sampling shows that the number of valid signatures filed in any county is 90 percent or more but less than 110 percent of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county, the secretary of state may order the county clerk in that county to examine every signature for verification.

      3.  Within 30 days after receipt of such an order, the clerk shall determine from the records of registration what number of registered voters have signed the petition. If necessary, the board of county commissioners shall allow the clerk additional assistants for examining the signatures and provide for their compensation. In determining from the records of registration what number of registered voters have signed the petition, the clerk may use any file or list of registered voters maintained by his office or facsimiles of voters’ signatures.


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

ê1987 Statutes of Nevada, Page 1363 (Chapter 569, AB 184)ê

 

clerk may use any file or list of registered voters maintained by his office or facsimiles of voters’ signatures.

      4.  [Upon] Except as otherwise provided in subsection 5, upon completing the examination, the clerk shall immediately attach to the documents of the petition an amended certificate properly dated, showing the result of the examination and shall immediately transmit the documents with the amended certificate to the secretary of state. A copy of the amended certificate must be filed in the clerk’s office.

      5.  For any petition other than a petition containing signatures which are required to be verified pursuant to NRS 293.128, 293.200, 295.056, 298.109 or section 4 of this act, or a petition containing signatures which are required to be verified pursuant to NRS 306.035 for any statewide office or office or district office comprising more than one county, the county clerk shall not transmit to the secretary of state the documents containing the signatures of the registered voters.

      6.  Except for a petition to recall a county, district or municipal officer, the petition shall be deemed filed with the secretary of state as of the date on which he receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the state.

      [6.] 7.  If the amended certificates received from all county clerks by the secretary of state establish that the petition is still insufficient, he shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.

      Sec. 14.  NRS 293.128 is hereby amended to read as follows:

      293.128  1.  To qualify as a political party any organization must, under a common name [or designation, file] :

      (a) On January 1 preceding any primary election, have been designated as a political party on the affidavits of registration of at least 10 percent of the total number of registered voters in the state; or

      (b) File a petition with the secretary of state not [less than 90 days] later than the last Friday in June before any primary election signed by a number of registered voters equal to or more than [5] 10 percent of the [entire] total number of votes cast at the last preceding general election for Representative in Congress . [, declaring that they represent a political party or principle the name of which is stated in the petition, and that they desire to participate and nominate candidates in the primary election. The]

      2.  If a petition is filed pursuant to paragraph (b) of subsection 1, the names of the voters need not all be on one [petition,] document, but each document of the petition must be verified by at least one of its signers to the effect that the signers are registered voters of the state according to his best information and belief [.] and that the signatures are genuine and were signed in his presence. Each document of the petition must bear the name of a county and only registered voters of that county may sign the document. The documents which are circulated for signature must then be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive [.]


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

ê1987 Statutes of Nevada, Page 1364 (Chapter 569, AB 184)ê

 

verification pursuant to NRS 293.1276 to 293.1279, inclusive [.] , not later than 65 days before the last Friday in June preceding a primary election.

      Sec. 15.  NRS 293.130 is hereby amended to read as follows:

      293.130  1.  On the dates set by the respective state central committees [, but if no earlier date is set then on the 2nd Tuesday in April,] in each year in which a general election is to be held, a county convention of each political party [shall] must be held at the county seat of each county or at such other place in the county as the county central committee designates.

      2.  The county central committee of each political party shall cause notice of the holding of [such] the county convention of its party to be published in one or more newspapers, if any, published in [such] the county, which notice [shall] must be in substantially the following form:

 

NOTICE OF .....(NAME OF PARTY).....CONVENTION

 

 

      Notice is hereby given that the county Convention of the ............... Party for ............... County will be held at ............... in ..............., on ........., the ..... day of ........., 19...; that at the convention delegates to the .......... State Convention will be elected, a county central committee to serve for the ensuing 2 years will be chosen, and other party affairs may be considered; that delegates to such county convention shall be chosen at ..........(name of party).......... precinct meetings to be held in each voting precinct in the county on or before the ..... day of .........., 19...; and that each of the voting precincts is entitled to the number of delegates specified below after the name of such precinct, as follows:

 

                   Name of precinct                                                     Number of delegates

 

...................................................................       to      ...................................................................

...................................................................       to      ...................................................................

.........................................       (Name of party)      ...........................................

County Central Committee of ...........................  County, Nevada

By .............................................................................  (Its Chairman)

And ..........................................................................  (Its Secretary)

      Sec. 16.  NRS 293.135 is hereby amended to read as follows:

      293.135  1.  The county central committee of each political party in each county shall have a precinct meeting of the registered voters of the party residing in each voting precinct entitled to delegates in the county convention called and held on or before the fifth day preceding the dates set by the respective state central committees [, but not later than the fifth day before the 2nd Tuesday in April] in each year in which a general election is held.

      2.  The meeting or meetings must be held in one of the following places in the following order of preference:

      (a) Any public building within the precinct if the meeting is for a single precinct, or any public building which is in reasonable proximity to the precincts and will accommodate their meetings if the meetings are for two or more precincts; or


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

ê1987 Statutes of Nevada, Page 1365 (Chapter 569, AB 184)ê

 

      (b) Any private building within the precinct or one of the precincts.

      3.  The county central committee shall give notice of the meeting by:

      (a) Posting in a conspicuous place outside the building where the meeting is to be held at least 5 days before the date of the meeting.

      (b) Publishing at least 5 days before the date of meeting in one or more newspapers of general circulation in the precinct, published in the county, if any are so published. The notice must be printed in conspicuous display advertising format of not less than 10 column inches, and must include the following language, or words of similar import:

 

Notice to All Voters Registered

 

in the (State Name of Political Party)

 

      Nevada state law requires each political party, in every year during which a general election is held, to have a precinct meeting held for each precinct. All persons registered in the party and residing in the precinct are entitled to attend the precinct meeting. Delegates to your party’s county convention will be elected at the meeting by those in attendance. Set forth below are the time and place at which your precinct meeting will be held, together with the number of delegates to be elected from each precinct. If you wish to participate in the organization of your party for the coming 2 years, attend your precinct meeting.

      4.  The notice must specify:

      (a) The date, time and place of the meeting; and

      (b) The number of delegates to the county convention to be chosen at the meeting.

      Sec. 17.  NRS 293.140 is hereby amended to read as follows:

      293.140  1.  At a time and date set by the respective state central committees [, but if no earlier date be fixed then on the 2nd Tuesday in April] in each year in which a general election is to be held, the delegates so elected to each party county convention shall convene at the county seat, or at such other place in the county as the county central committee shall designate, and there organize, elect the delegates to which the registered voters of the party residing in the county are entitled in the state convention of the party, and [also] elect the members of the county central committee of their party for the ensuing term. They may also adopt a county platform and take such other action, consistent with the provisions of this chapter, pertaining to the affairs of their party in [such] that county, as they may deem proper.

      2.  The manner of organizing [such conventions shall] each convention must be as follows:

      (a) The county central committee shall, [prior to] before the date of the convention, designate a preliminary credentials committee to examine the credentials of all persons claiming to be delegates. All such persons [concerning] whose credentials [there is no dispute shall] are not in dispute must be seated as delegates.


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

ê1987 Statutes of Nevada, Page 1366 (Chapter 569, AB 184)ê

 

[concerning] whose credentials [there is no dispute shall] are not in dispute must be seated as delegates.

      (b) The persons so seated shall elect a temporary chairman, who shall appoint a temporary secretary and a credentials committee to examine and report on all cases of disputed credentials.

      (c) When all such disputes have been determined, the convention shall complete its organization and adopt its agenda.

      3.  The chairman and the secretary of each county convention shall certify to the state convention the result of the election by the county convention of delegates to the state convention.

      Sec. 18.  NRS 293.150 is hereby amended to read as follows:

      293.150  1.  The delegates elected to the state convention of each political party by the several county conventions of that party shall convene on such respective dates as the state central committees of the parties designate [, or if an earlier date is not designated then on the 2nd Tuesday in May] in each year in which the general election is to be held, at the state capital, or at such other place in the state as the state central committee of that party designates. The delegates shall there organize, adopt a state party platform, and elect a state central committee for that party for the ensuing term and the chairman thereof.

      2.  The state central committee of [the parties] each party may convene additional state conventions of [their respective parties] its party at such times and places as [they designate] it designates during the period between the state conventions, as provided in subsection 1, and the next ensuing precinct meetings, as provided in NRS 293.135. The [delegate] composition of the delegates at those conventions must be the same as that certified pursuant to subsection 3 of NRS 293.140.

      Sec. 19.  NRS 293.175 is hereby amended to read as follows:

      293.175  1.  The primary election must be held on the first Tuesday of September in each even-numbered year.

      2.  Candidates of a political party and candidates for nonpartisan offices must be nominated at the primary election.

      3.  Candidates of a minor political party must be nominated in the manner prescribed pursuant to section 3 of this act.

      4.  Independent candidates for partisan office must be nominated in the manner provided in NRS 293.200.

      [4.] 5.  The provisions of NRS 293.175 to 293.203, inclusive, do not apply to:

      (a) Special elections to fill vacancies.

      (b) The nomination of the officers of incorporated cities.

      (c) The nomination of district officers whose nomination is otherwise provided for by statute.

      Sec. 19.5.  NRS 293.180 is hereby amended to read as follows:

      293.180  1.  Ten or more registered voters may, not earlier than the last Monday in May nor later than 5 p.m. on the last Friday in June, file a certificate of candidacy designating any registered voter as a candidate for his political party’s nomination for any partisan elective office, or as a candidate for nomination for any nonpartisan office.


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

ê1987 Statutes of Nevada, Page 1367 (Chapter 569, AB 184)ê

 

his political party’s nomination for any partisan elective office, or as a candidate for nomination for any nonpartisan office. When the certificate has been filed, the officer in whose office it is filed shall notify the person named in the certificate. If the person named in the certificate files an acceptance of [such] candidacy and pays the required fee, as provided by law, he [shall be] is a candidate in the primary election in like manner as if he had filed a declaration of candidacy.

      2.  If [any such] a certificate of candidacy relates to a partisan office, all of the signers [shall] must be of the same political party as the candidate designated.

      Sec. 20.  NRS 293.185 is hereby amended to read as follows:

      293.185  The declaration of candidacy, the certificate of candidacy and the acceptance of candidacy must be filed during regular office hours, as follows:

      1.  For United States Senator, Representative in Congress, [state] statewide offices, state senators and assemblymen to be elected from districts comprising more than one county, and all other offices whose districts comprise more than one county, with the secretary of state.

      2.  For Representative in Congress and district offices voted for wholly within one county, state senators and assemblymen to be elected from districts comprising but one or part of one county, county and township officers, with the county clerk.

      Sec. 21.  (Deleted by amendment.)

      Sec. 22.  NRS 293.200 is hereby amended to read as follows:

      293.200  1.  Independent candidates for partisan office [shall qualify by filing] must file with the proper filing officer a [certificate] petition of candidacy signed by a number of registered voters equal to at least [5] 3 percent of the total number of ballots cast in the state or in the county [, district or municipality electing such] or district electing that officer at the last preceding general election.

      2.  The [certificate] petition may consist of more than one document.

      [2.] Each document must bear the name of a county and only registered voters of that county may sign the document. The documents which are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 65 days before filing the petition of candidacy with the proper filing officer. Each signer shall add to his signature the address of the place at which he actually resides and the name of the county where he is registered to vote for the purpose of determining whether he is a registered voter. One of the signers of each [such certificate] petition shall sign an affidavit attesting that the signatures on the [certificate] petition are genuine to the best of his knowledge and belief [.] and were signed in his presence by persons registered to vote in that county.

      3.  The [certificate] petition of candidacy may state the principle, if any, which the person qualified represents.

      4.  [Certificates of candidacy provided for in this section for officers to be voted for by the registered voters of the entire state or by districts composed of two or more counties must be filed with the secretary of state and all other such certificates of candidacy must be filed with the clerk of the county wherein the officers are to be voted for.


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

ê1987 Statutes of Nevada, Page 1368 (Chapter 569, AB 184)ê

 

be voted for by the registered voters of the entire state or by districts composed of two or more counties must be filed with the secretary of state and all other such certificates of candidacy must be filed with the clerk of the county wherein the officers are to be voted for.

      5.  Certificates] Petitions of candidacy [provided for in this section] must be filed not earlier than [the last Monday in May] January 1 preceding the general election and not later than 5 p.m. on the 2nd Friday in [June.

      6.  No certificate] August.

      5.  No petition of candidacy [, provided for in this section,] may contain the name of more than one candidate for each office to be filled.

      [7.] 6.  A person may not file as an independent candidate if he [, in fact,] is proposing to run as the candidate of a political party whose name includes the word “independent.”

      [8.] 7.  The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.

      [9.] 8.  If the candidacy of any person seeking to qualify under this section is challenged, all affidavits and documents in support of [such] the challenge must be filed not later than 5 p.m. on the [1st Wednesday in July. Any court] 3rd Friday in August. Any judicial proceeding resulting from [such challenge shall] the challenge must be set for hearing not [less than 5 days and not] more than [10] 5 days after the [1st Wednesday in July.

      10.] 3rd Friday in August.

      9.  Any challenge pursuant to subsection [9] 8 must be filed with:

      (a) The first judicial district court [for Carson City] if the [certificate] petition of candidacy was filed with the secretary of state.

      (b) The district court for the county where the [certificate] petition of candidacy was filed if the [certificate] petition was filed with a county clerk.

      10.  An independent candidate for partisan office must file a declaration of candidacy with the proper filing officer and pay the fee required by NRS 293.193 not earlier than January 1 of the year in which the election is held nor later than 5 p.m. of the first Wednesday in July.

      Sec. 22.3.  NRS 293.247 is hereby amended to read as follows:

      293.247  1.  The secretary of state shall adopt regulations, not inconsistent with the election laws of this state, for the conduct of primary, general, special and district elections in all cities and counties. The secretary of state shall prescribe the forms for a declaration of candidacy, certificate of candidacy, acceptance of candidacy, affidavit of candidacy and any petition which is filed pursuant to the general election laws of this state.

      2.  The regulations must prescribe:

      (a) The duties of election boards;

      (b) The type and amount of election supplies;

      (c) The manner of printing ballots and the number of ballots to be distributed to precincts and districts;

      (d) The method to be used in distributing ballots to precincts and districts;

      (e) The method of inspection and the disposition of ballot boxes;

      (f) The form and placement of instructions to voters;


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

ê1987 Statutes of Nevada, Page 1369 (Chapter 569, AB 184)ê

 

      (g) The recess periods for election boards;

      (h) The size, lighting and placement of voting booths;

      (i) The amount and placement of guardrails and other furniture and equipment at voting places;

      (j) The disposition of election returns;

      (k) The procedures to be used for canvasses, ties, recounts and contests;

      (l) The procedures to be used to ensure the security and accuracy of computer programs used for elections; and

      (m) Such other matters as determined necessary by the secretary of state.

      3.  The secretary of state may provide interpretations and take other actions necessary for the effective administration of the statutes and regulations governing the conduct of primary, general, special and district elections in this state.

      4.  The secretary of state shall prepare and distribute to each county and city clerk the election officer’s digest and instructions for election boards, and copies of any attorney general’s opinions or any state or federal court decisions which affect state election laws or regulations whenever any of those opinions or decisions become known to the secretary of state.

      Sec. 22.6.  NRS 293.287 is hereby amended to read as follows:

      293.287  1.  A registered voter applying to vote at any primary election shall give his name and political affiliation, if any, to the election board officer in charge of the election board register, and [such] the officer shall immediately announce the name and political affiliation.

      2.  Any person’s right to vote may be challenged by any registered voter upon any of the grounds allowed for a challenge in NRS 293.303 or on the ground that the person applying does not belong to the political party or minor political party designated upon the register, or that the register does not show that he designated the political party or minor political party to which he claims to belong.

      3.  Any such challenge [shall] must be disposed of in the manner provided by NRS 293.303.

      4.  When the election board is satisfied as to the name, political affiliation and identity of the registered voter, the board shall issue the proper party and nonpartisan ballot.

      5.  A registered voter who has designated on his affidavit of registration an affiliation with a minor political party may vote a nonpartisan ballot at the primary election.

      Sec. 23.  NRS 293.304 is hereby amended to read as follows:

      293.304  1.  When the eligibility of a voter to vote in a primary or general election is successfully challenged solely on the basis of a change of residence within the county, the election board shall issue a statement to the voter on a form provided by the secretary of state which contains:

      (a) The name of the voter;

      (b) The address which appears on the record of voter registration;

      (c) The address at which the voter actually resides;

      (d) The signatures of the members of the election board who issued the statement; and


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

ê1987 Statutes of Nevada, Page 1370 (Chapter 569, AB 184)ê

 

      (e) Other information which the secretary of state deems necessary to carry out the provisions of this section.

      2.  The [registrar of voters] county clerk of each county shall maintain a special polling place in his office during each primary or general election. The ballots for the special polling place must contain provisions for voting for any of the following offices and questions if an election is being held for the offices and questions, and no others:

      (a) President and Vice President of the United States;

      (b) United States Senator;

      (c) All state officers for whom all voters in the state may vote; [and]

      (d) All county officers for whom all voters in the county may vote; and

      (e) Questions which have been submitted to all of the voters of the county or state.

      3.  When a person comes to the office of the [registrar of voters] county clerk and presents a properly prepared statement issued pursuant to subsection 1, the [registrar of voters] county clerk shall permit him to vote at the special polling place, using the special ballot prepared pursuant to subsection 2.

      4.  The secretary of state shall provide by regulation for:

      (a) Forms for statements; and

      (b) The counting of ballots voted at a special polling place.

      Sec. 24.  (Deleted by amendment.)

      Sec. 25.  NRS 293.313 is hereby amended to read as follows:

      293.313  1.  Any registered voter who provides sufficient written notice to the appropriate county or city clerk, may vote an absent ballot as provided in this chapter if, on the day of voting at any election regulated by this chapter, he is or expects to be:

      (a) Absent from the precinct or district in the county of his residence because of the nature of his vocation, business or any other unavoidable cause;

      (b) Unable to go to the polling place; or

      (c) In the service of the United States.

      2.  [The spouses and dependents of any voter referred to in subsection 1 may vote in the same manner as that voter if, by reason of the services of that voter, they are required to reside beyond the boundaries of the state.] As used in this section, “sufficient written notice” means a:

      (a) Written request received by the county clerk which is signed by the registered voter stating the ground upon which he is entitled to receive an absent ballot; or

      (b) Form prescribed by the secretary of state which is completed and signed by the registered voter and received by the county clerk.

      Sec. 26.  (Deleted by amendment.)

      Sec. 27.  NRS 293.387 is hereby amended to read as follows:

      293.387  1.  As soon as the returns from all the precincts and districts in any county or city have been received by the board of county commissioners or city council, the board or council shall meet and [proceed to] canvass the returns.


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

ê1987 Statutes of Nevada, Page 1371 (Chapter 569, AB 184)ê

 

returns. The canvass must be completed on or before the [10th] 5th day following the election.

      2.  In making its canvass, the board or council shall:

      (a) Note separately any clerical errors discovered; and

      (b) Take account of the changes resulting from the discovery, so that the result declared represents the true vote cast.

      3.  The county or city clerk shall, as soon as the result is declared, enter upon the records of the board or council an abstract of the result, which must contain the number of votes cast for each candidate. The board , after making the abstract, shall cause the county clerk, by an order made and entered in the minutes of its proceedings, to make a copy of the abstract and transmit it to the secretary of state within [10] 5 days after the day of election.

      4.  The secretary of state shall, immediately after any primary election, compile the returns for all candidates voted for in more than one county. He shall make out and file in his office an abstract thereof, and shall certify to the county clerk of each county the name of each person nominated, and the name of the office for which he is nominated.

      5.  The city clerk shall, immediately after any primary city election, compile the returns for all candidates voted for in the city. He shall make out and file in his office an abstract thereof, and shall certify the name of each person nominated, and the name of the office for which he is nominated.

      Sec. 28.  NRS 293.395 is hereby amended to read as follows:

      293.395  1.  The board of county commissioners, after making the abstract of votes as provided in NRS 293.393, shall cause the county clerk, by an order made and entered in the minutes of its proceedings, to make a copy of [such] that abstract, and forthwith transmit [the same] it to the secretary of state.

      2.  On the 4th Wednesday of November after each general election, the justices of the supreme court, or a majority thereof, shall meet with the secretary of state, and shall open and canvass the vote for the number of presidential electors to which this state may be entitled, United States Senator , [and] Representative in Congress, members of the legislature, [district and state officers,] state officers who are elected statewide or by district, district judges, or district officers whose districts include area in more than one county and for and against any question submitted.

      3.  The governor shall issue certificates of election to and commission the persons having the highest number of votes and shall also issue proclamations declaring the election of [such] those persons.

      Sec. 29.  NRS 293.400 is hereby amended to read as follows:

      293.400  1.  If, after the completion of the canvass of the returns of any election, two or more persons receive an equal number of votes, which is sufficient for the election of one or more but fewer than all of them to the office, the person or persons elected must be determined as follows:

      (a) In a general election for a United States Senator, [member of Congress, district or state office,] Representative in Congress, state officer who is elected statewide or by district, district judge, or district officer whose district includes area in more than one county, the legislature shall, by joint vote of both houses, elect one of those persons to fill the office.


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

ê1987 Statutes of Nevada, Page 1372 (Chapter 569, AB 184)ê

 

Congress, district or state office,] Representative in Congress, state officer who is elected statewide or by district, district judge, or district officer whose district includes area in more than one county, the legislature shall, by joint vote of both houses, elect one of those persons to fill the office.

      (b) In a primary election for a Unites States Senator, [member of Congress, district or state office,] Representative in Congress, state officer who is elected statewide or by district, district judge, or district officer whose district includes area in more than one county, the secretary of state shall summon the candidates who have received the tie votes to appear before him at a time and place designated by him and he shall determine the tie by lot. If the tie vote is for the office of secretary of state, the governor shall perform these duties.

      (c) For any office of a county, township, incorporated city, city organized under a special charter where the charter is silent as to determination of a tie vote, or district which is wholly located within one county, the county clerk shall summon the candidates who have received the tie votes to appear before him at a time and place designated by him and determine the tie by lot. If the tie vote is for the office of county clerk, the board of county commissioners shall perform these duties.

      2.  The summons mentioned in this section must be mailed to the address of the candidate as it appears upon his declaration of candidacy at least 5 days before the day fixed for the determination of the tie vote and must contain the time and place where the determination will take place.

      3.  The right to a recount extends to all candidates in case of a tie.

      Sec. 30.  (Deleted by amendment.)

      Sec. 31.  NRS 293.505 is hereby amended to read as follows:

      293.505  1.  All justices of the peace, except those located in county seats, are ex officio deputy registrars to carry out the provisions of this chapter.

      2.  The county clerk shall appoint at least one registered voter to serve as a deputy registrar, who shall register voters within the county for which he is appointed. Except as provided in subsection 1, a candidate for any office may not be appointed or serve as a deputy registrar. [Deputy registrars serve] A deputy registrar serves at the pleasure of the county clerk and shall perform [their] his duties as the county clerk may direct.

      3.  [Deputy registrars] A deputy registrar may demand of any person who applies for registration all information required by the affidavit of registration, and may administer all oaths required by this chapter.

      4.  When a deputy registrar has in his possession five or more completed affidavits of registration, he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.

      5.  Immediately after the close of registration, each deputy registrar shall forward to the county clerk all completed affidavits in his possession. Within 5 days after the close of registration for a general election or general city election, a deputy registrar shall return all unused affidavits in his possession to the county clerk.


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

ê1987 Statutes of Nevada, Page 1373 (Chapter 569, AB 184)ê

 

      6.  [Deputy registrars] Each deputy registrar shall submit to the county clerk an alphabetical list of names of electors registered by him, giving the serial number of the affidavit used for each named registrant.

      7.  Each deputy registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.

      8.  A deputy registrar shall not:

      (a) Delegate any of his duties to another person; or

      (b) Refuse to register a person on account of that person’s political party affiliation.

      9.  A person shall not hold himself out to be or attempt to exercise the duties of a deputy registrar unless he has been so appointed.

      10.  A county clerk or deputy registrar shall not:

      (a) Solicit a vote for or against a particular question or candidate;

      (b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or

      (c) Distribute any material concerning a candidate or question which will be on the ballot for the ensuing election,

while he is registering an elector.

      11.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 32.  (Deleted by amendment.)

      Sec. 33.  NRS 293.602 is hereby amended to read as follows:

      293.602  1.  It is unlawful for any person [or persons] to solicit any [funds, fees, dues or other] money for any organization the title of which incorporates the name, or any form of the name, of any political party or minor political party in [the State of Nevada, as defined in NRS 293.073,] this state without first having obtained written approval therefor, or a charter for that organization, from the central or executive committee of [the] that political party the name of which is being used or incorporated in the title of that organization for the county in which the [funds are] money is being solicited.

      2.  [Nothing in this section requires] This section does not require any person or organization to obtain [such] a charter or written approval if [the] that person or organization is:

      (a) Publicly organized for the sole and limited purpose of supporting the candidacy of a particular candidate in a single election.

      (b) Chartered by a national political party or organization.

      (c) Chartered by a state central committee in Nevada.

      3.  Any person who violates any provision of this section is guilty of a gross misdemeanor.

      Sec. 34.  NRS 293B.305 is hereby amended to read as follows:

      293B.305  Unless a political party allows a nonpartisan voter to vote for its candidates:

      1.  In a primary election, a member of the election board for a precinct shall issue each nonpartisan voter a ballot of a distinctive color, code and printed designation identifying it as a nonpartisan ballot.


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

ê1987 Statutes of Nevada, Page 1374 (Chapter 569, AB 184)ê

 

      2.  The member of the election board shall then:

      (a) Direct the nonpartisan voter to a mechanical recording device containing a list of offices and candidates setting forth only the nonpartisan ballot;

      (b) Direct the nonpartisan voter to a mechanical recording device containing a list of offices and candidates arranged for a partisan ballot, instruct the voter to vote only the nonpartisan section of the list and advise the voter that any votes he may cast in the partisan section will not be counted; or

      (c) Issue a nonpartisan ballot attached to a sheet of foam plastic or similar backing material, a punching instrument, a sample nonpartisan ballot and an instruction sheet to the nonpartisan voter and instruct him to punch his ballot by reference to the sample ballot.

      Sec. 35.  NRS 294A.065 is hereby amended to read as follows:

      294A.065  1.  The officer with whom a candidate files [a declaration of candidacy or acceptance of candidacy] :

      (a) A declaration of candidacy;

      (b) An acceptance of candidacy; or

      (c) An affidavit of candidacy,

shall furnish the candidate with the necessary forms for reporting and copies of the regulations adopted by the secretary of state pursuant to this chapter. The candidate shall acknowledge receipt of the material.

      2.  The officer who is to receive reports pursuant to NRS 294A.041 shall furnish the necessary forms and regulations upon request. The person requesting the material shall acknowledge receipt thereof.

      Sec. 36.  NRS 295.055 is hereby amended to read as follows:

      295.055  1.  The secretary of state shall by regulation specify:

      (a) The format for the signatures on a petition for an initiative or referendum and make free specimens of the format available upon request. Each signature must be dated.

      (b) The manner of fastening together several sheets circulated by one person to constitute a single document.

      2.  Each document of the petition must bear the name of a county, and only registered voters of that county may sign the document.

      3.  A person who signs a petition may remove his name from it by transmitting his request in writing to the county clerk at any time before the petition is filed with the county clerk.

      Sec. 37.  NRS 295.180 is hereby amended to read as follows:

      295.180  1.  When a majority of the registered voters of [such] the county voting upon the question submitted, by their vote, approve the act or resolution, it [shall stand as] is the law of the state, and [shall] may not be repealed, overruled, annulled, set aside or in any way made inoperative, except by a direct vote of [such] the registered voters of that county.

      2.  When a majority of the registered voters of [such] that county voting upon the question submitted disapproves, the act or resolution [shall be] is void.


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

ê1987 Statutes of Nevada, Page 1375 (Chapter 569, AB 184)ê

 

      Sec. 38.  NRS 298.109 is hereby amended to read as follows:

      298.109  1.  A person who desires to be an independent candidate for the office of President of the United States must, not later than 5 p.m. on [September 1] the 2nd Friday in August in each year in which a presidential election is to be held, pay a filing fee of $250 and file with the secretary of state a declaration of candidacy and a [certificate] petition of candidacy, in which he may also designate his nominee for Vice President. The [certificate] petition must be signed by the candidate for President, his nominee for Vice President if designated, and by a number of registered voters equal to not less than [5] 3 percent of the total number of votes cast at the last preceding general election for candidates for Representative in Congress [, declaring that they support the candidacy of the designated candidate for President, and his nominee for Vice President if one is designated in the certificate, and requesting] and must request that the names of the proposed candidates be placed on the ballot at the general election that year.

      2.  The [certificate] petition may consist of more than one document . [and each] Each document must bear the name of a county and only registered voters of that county may sign the document. The documents which are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 65 days before filing the petition of candidacy with the secretary of state. Each person signing shall add to his signature the address of the place at which he [then] resides and the name of the county wherein he is registered to vote. Each [certificate] petition must also contain the affirmation of at least one of the signers that all signatures thereon are genuine to the best of his knowledge and belief [.] and were signed in his presence by persons registered to vote in that county.

      3.  Each independent candidate so nominated for the office of President shall at the time of filing his [certificate] petition as provided in subsection 1, or within 10 days thereafter, file with the secretary of state his written designation of the names of the number of presidential electors then authorized by law, whom the independent candidate desires to act as his electors, all of whom must then be registered voters. Immediately following receipt of each candidate’s written designation of his nominees for electors, the secretary of state shall record them in his office as the nominees for presidential electors of that independent candidate.

      4.  If the candidacy of any person who seeks to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed with the first judicial district court not later than 5 p.m. on the 3rd Friday in August. Any judicial proceeding relating to the challenge must be set for hearing not later than 5 days after the 3rd Friday in August.

      Sec. 39.  NRS 306.030 is hereby amended to read as follows:

      306.030  1.  The petition may consist of any number of copies which are identical in form with the original, except for the name of the county and the signatures and addresses of the residences of the signers.


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

ê1987 Statutes of Nevada, Page 1376 (Chapter 569, AB 184)ê

 

signatures and addresses of the residences of the signers. The pages of the petition with the signatures and of any copy must be consecutively numbered. Each page must bear the name of a county and only registered voters of that county may sign the page.

      2.  Every copy must be verified by at least one of the signers thereof, who shall swear or affirm, before a person authorized by law to administer oaths, that the statements and signatures contained in the petition are true. The verification must also contain a statement of the number of signatures being verified by the signer.

      Sec. 40.  NRS 306.035 is hereby amended to read as follows:

      306.035  1.  Before a petition to recall a state officer who is elected statewide is filed with the secretary of state, the petitioners must submit to each county clerk for verification the document or documents which were circulated for signature within his county.

      2.  Before a petition to recall a state senator, assemblyman, or a county, district or municipal officer is filed with the proper officer, the petitioners must submit to the county clerk for verification limited to the relevant area in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, the document or documents which were circulated for signatures within his county.

      3.  If more than one document was circulated, all the documents must be submitted to the clerk at the same time.

      Sec. 41.  NRS 306.040 is hereby amended to read as follows:

      306.040  1.  Upon the filing of the petition, the officer with whom the petition is filed shall cause publication of a notice of a hearing on the petition by the district court in and for the appropriate county at a time and place fixed by the district court, which shall give priority to the petition over all but criminal matters.

      2.  If the officer against whom the petition is filed is a:

      (a) State officer [,] who is elected statewide, the hearing on the petition must be held by the first judicial district court.

      (b) District officer whose district includes area in more than one county, the hearing on the petition must be held in the district court for the county in which the largest population of the district is located.

The notice must be published once in a newspaper of general circulation in the appropriate county or, if the officer is a state officer [,] who is elected statewide, in each county of the state. The notice must contain the names of the signers of the petition and the reasons for the proposed recall. Any person whose name appears on the petition as a signer may appear at the hearing and request that his name be stricken from the petition, and the court shall strike his name if good cause appears therefor.

      3.  At the conclusion of the hearing, the court shall make a determination of the sufficiency and validity of the petition within 5 days, and shall instruct the officer with whom the petition is filed either to cease any further proceedings in the matter or, if the officer against whom the petition was filed has not resigned, to issue a call, not sooner than 10 days nor more than 20 days after the date of the order, for a special election to be held in the state, or in the county, district or municipality electing the officer against whom the petition was filed, to determine whether the people will recall him.


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

ê1987 Statutes of Nevada, Page 1377 (Chapter 569, AB 184)ê

 

filed has not resigned, to issue a call, not sooner than 10 days nor more than 20 days after the date of the order, for a special election to be held in the state, or in the county, district or municipality electing the officer against whom the petition was filed, to determine whether the people will recall him.

      Sec. 42.  NRS 244.050 is hereby amended to read as follows:

      244.050  1.  Whenever a number of registered voters equal to [35] 25 percent or more of the number of persons registered to vote at the last preceding general election in any county [in this state having] whose population is less than 100,000 [population] petitions the board of county commissioners of their county to divide the county into three commissioner districts, or if the board has five members, into five commissioner districts, the question must be submitted to the qualified electors of the county for approval or disapproval at the next succeeding general election. The board of county commissioners may, on its own motion, submit the question to the voters . The question must be submitted in such a manner that the voters are also given a choice as to whether to elect the commissioners from districts or at large [.] , if the division is approved. If a majority of the voters voting on the question approve the division, the board of county commissioners shall divide the county into three commissioner districts, or five commissioner districts, as the case may be, on or before the 1st Monday in July preceding each general election. The division must be made to conform to the established boundaries of election precincts or wards, and each election precinct or ward must be wholly within one of the commissioner districts provided for in this section. Each commissioner district must embrace, as near as may be, one-third or one-fifth, as the case may be, of the population of the county, and must consist of adjoining precincts.

      2.  The board of county commissioners shall provide by resolution for the dates of election of commissioners from newly created districts, in such manner as to secure the earliest representation of each district as the terms of incumbent commissioners expire.

      3.  The board of county commissioners shall cause to be published in some newspaper in the county, if there is one, and if not, then by posting at the door of the courthouse and one or more conspicuous places in each of the commissioner districts, a notice specifying the election precincts or wards embraced in each of the commissioner districts so established. The notice must be posted or published for a period of not less than 20 days before each general election.

      4.  [County] Except as otherwise provided in subsection 1, county commissioners must be elected at large by the qualified electors of the county . [, except where commissioner districts have been created by the voters pursuant to subsection 1.]

      5.  The commissioner districts, regardless of when created, may be abolished by petition and election in the same manner as provided for their creation in subsection 1.

      6.  Upon the abolition of commissioner districts the incumbent county commissioners are entitled to serve the remainder of the terms for which they were elected or appointed, and thereafter county commissioners must be elected at large from within the county.


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

ê1987 Statutes of Nevada, Page 1378 (Chapter 569, AB 184)ê

 

commissioners are entitled to serve the remainder of the terms for which they were elected or appointed, and thereafter county commissioners must be elected at large from within the county.

      Sec. 43.  (Deleted by amendment.)

      Sec. 44.  NRS 349.030 is hereby amended to read as follows:

      349.030  1.  The election officers of the state who are charged with the duty of providing for and conducting the election shall provide one ballot box at each polling place for the purpose of the election. If a bond election is held in conjunction with a general election or any other election for other than the submission of the bond question, the same single ballot box [shall] must be used at each polling place.

      2.  Notwithstanding any other provision of NRS 349.010 to 349.070, inclusive, at any bond election thereunder, ballots or votes may be cast, registered, recorded and counted by means of [voting machines,] a mechanical recording device, as provided in the election laws of this state.

      Sec. 45.  1.  Sections 8, 10, 18, 23, 25, 27, 30, 31, 34 and 41 of this act become effective at 12:01 a.m. on July 1, 1987.

      2.  Sections 17, 22.3 and 33 of this act become effective at 12:02 a.m. on July 1, 1987.

 

_______

 

 

CHAPTER 570, AB 781

Assembly Bill No. 781–Committee on Judiciary

CHAPTER 570

AN ACT relating to counties; revising the provisions governing public administrators and guardians in counties whose populations are less than 100,000; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 253 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  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.


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

ê1987 Statutes of Nevada, Page 1379 (Chapter 570, AB 781)ê

 

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.  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. 3.  In an investigation conducted pursuant to subsection 1 of section 2 of this act, a public administrator or other suitable person designated by the board of county commissioners may:

      1.  Require any proposed ward or any spouse, parent, child or other kindred of the proposed ward to give any information and to execute any written requests or authorizations necessary to provide the public administrator or other suitable person designated by the board with access to records, otherwise confidential, needed to evaluate the public administrator’s or other suitable person’s eligibility to serve.

      2.  Obtain information from the public records in any office of the state or any of its agencies or subdivisions upon request and without payment of any fee.

      Sec. 4.  A public administrator, or other suitable person designated by the board of county commissioners, who is authorized to perform the duties set forth in section 2 of this act, may file with the board a request for payment for expenses incurred in the performance of such duties. The amount to be paid as expenses must be determined by the board of county commissioners. Payment must be made from the general fund of the county if the board of county commissioners approves the request and determines that there is sufficient money in the fund to pay the public administrator or other suitable person designated by the board to perform those duties. This section does not require the board of county commissioners to authorize payment of any expense that can be paid from the assets of a person or an estate subject to section 2 of this act.

 

_______


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

ê1987 Statutes of Nevada, Page 1380ê

 

CHAPTER 571, SB 270

Senate Bill No. 270–Committee on Judiciary

CHAPTER 571

AN ACT relating to forfeitures; establishing a uniform procedure for the forfeiture of the proceeds of crime and property used in certain crimes; providing for the distribution of forfeited property and proceeds from the sale of such property; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 179 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  Except as otherwise provided in NRS 207.350 to 207.520, inclusive, the provisions of NRS 179.1165 to 179.119, inclusive, and sections 2 to 12, inclusive, of this act, govern the seizure, forfeiture and disposition of all property and proceeds subject to forfeiture.

      Sec. 3.  As used in NRS 179.1165 to 179.119, inclusive, and sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, have the meanings ascribed to them in those sections.

      Sec. 4.  “Claimant” means any person who claims to have:

      1.  Any right, title or interest of record in the property or proceeds subject to forfeiture;

      2.  Any community property interest in the property or proceeds; or

      3.  Had possession of the property or proceeds at the time of the seizure thereof by the plaintiff.

      Sec. 5.  “Plaintiff” means the law enforcement agency which has commenced a proceeding for forfeiture.

      Sec. 6.  “Proceeds” means any property, or that part of an item of property, derived directly or indirectly from the commission or attempted commission of a crime.

      Sec. 7.  “Property” includes any:

      1.  Real property or interest in real property.

      2.  Fixture or improvement to real property.

      3.  Personal property, whether tangible or intangible, or interest in personal property.

      4.  Conveyance, including any aircraft, vehicle or vessel.

      5.  Money, security or negotiable instrument.

      6.  Proceeds.

      Sec. 8.  “Protected interest” means the enforceable interest of a claimant in property, which interest is shown not to be subject to forfeiture.

      Sec. 9.  1.  Except as otherwise provided in subsection 2, the following property is subject to seizure and forfeiture in a proceeding for forfeiture:

(a) Any proceeds attributable to the commission or attempted commission of any felony.


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

ê1987 Statutes of Nevada, Page 1381 (Chapter 571, SB 270)ê

 

      (b) Any property or proceeds otherwise subject to forfeiture pursuant to NRS 179.121, 200.760 or 453.301.

      2.  Property may not, to the extent of the interest of any claimant, be declared forfeited by reason of an act or omission shown to have been committed or omitted without the knowledge or consent of the claimant.

      Sec. 10.  1.  All right, title and interest in property subject to forfeiture vests in the plaintiff:

      (a) In the case of property used or intended for use to facilitate the commission or attempted commission of any felony, when the property is so used or intended for such use.

      (b) In the case of property otherwise subject to forfeiture, when the event giving rise to the forfeiture occurs.

      (c) In the case of proceeds, when they become proceeds.

      2.  Any transfer of property which occurs after title to the property has become vested in the plaintiff, and before the termination of the proceeding for forfeiture, is void as against the plaintiff, unless the person to whom the transfer is made is a good faith purchaser for value. If such a transfer is made, the purchaser must, in the proceeding for forfeiture, establish by a preponderance of the evidence that he has:

      (a) An interest of record in the property;

      (b) Given fair value for his interest; and

      (c) Acquired his interest without notice of the proceeding or the facts giving rise to the proceeding.

If the purchaser acquires his interest after the seizure of the property by the plaintiff, it is conclusively presumed that the interest has been acquired with notice of the proceeding.

      Sec. 11.  1.  Except as otherwise provided in NRS 179.1165 to 179.119, inclusive, and sections 2 to 12, inclusive, of this act, the Nevada Rules of Civil Procedure are applicable to and constitute the rules of practice in a proceeding for forfeiture pursuant to those sections.

      2.  A proceeding for forfeiture is commenced by filing a complaint for forfeiture. If the property has been seized without process, the plaintiff shall promptly file the complaint for forfeiture. The property is subject to an action to claim its delivery only if the plaintiff does not file the complaint for forfeiture within 60 days after the property is seized. If the complaint for forfeiture is filed following the commencement of an action claiming delivery, the complaint must be treated as a counterclaim.

      3.  A proceeding for forfeiture is in rem. The complaint for forfeiture must be filed in the district court for the county in which the property which is the subject of the proceeding is located.

      4.  The plaintiff shall cause service of the summons and complaint to be made upon each claimant whose identity is known to the plaintiff or who can be identified through the exercise of reasonable diligence. If real property or any interest in real property is affected by the proceeding, the plaintiff shall file notice of the proceeding in the manner provided in NRS 14.010.


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

ê1987 Statutes of Nevada, Page 1382 (Chapter 571, SB 270)ê

 

      5.  Each claimant served with the summons and complaint who desires to contest the forfeiture shall, within 20 days after the service, serve and file his verified answer to the complaint. The claimant shall admit or deny the averments of the complaint and shall, in short and plain terms, describe the interest which he asserts in the property. Concurrently with the answer, the claimant shall serve answers or objections to any written interrogatories served upon him with the summons and complaint.

      6.  No person, other than the plaintiff and any claimant, is a proper party in the proceeding.

      Sec. 12.  1.  The district court shall proceed as soon as practicable to a trial and determination of the matter. A proceeding for forfeiture is entitled to priority over other civil actions which are not otherwise entitled to priority.

      2.  At a proceeding for forfeiture, the plaintiff or claimant may file a motion for an order staying the proceeding and the court shall grant that motion if a criminal action which is the basis of the proceedings is pending trial. The court shall, upon a motion make by the plaintiff, lift the stay upon a satisfactory showing that the claimant is a fugitive.

      3.  A party to a proceeding for forfeiture must establish proof by a preponderance of the evidence.

      4.  In a proceeding for forfeiture, the rule of law that forfeitures are not favored does not apply.

      5.  The plaintiff is not required to plead or prove that a claimant has been charged with or convicted of any criminal offense. If proof of such a conviction is made, and it is shown that the judgment of conviction has become final, the proof is, as against any claimant, conclusive evidence of all facts necessary to sustain the conviction.

      6.  The plaintiff has an absolute privilege to refuse to disclose the identity of any person, other than a witness, who has furnished to a law enforcement officer information purporting to reveal the commission of a crime. The privilege may be claimed by an appropriate representative of the plaintiff.

      7.  If the court determines that the property is not subject to forfeiture, it shall order the property returned to the claimant found to be entitled to the property. If the court determines that the property is subject to forfeiture, it shall so decree. The property must be forfeited to the plaintiff, subject to the right of any claimant who establishes a protected interest. Any such claimant must, upon the sale or retention of the property, be compensated for his interest in the manner provided in NRS 179.118.

      Sec. 13.  (Deleted by amendment.)

      Sec. 14.  NRS 179.1165 is hereby amended to read as follows:

      179.1165  1.  Except as provided in subsection 2, property that is subject to forfeiture [in connection with the commission of a crime] may only be seized by a law enforcement agency upon process issued by a magistrate having jurisdiction over the property.

      2.  A seizure of property may be made by a law enforcement agency without process if:


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

ê1987 Statutes of Nevada, Page 1383 (Chapter 571, SB 270)ê

 

      (a) The seizure is incident to [an arrest or a] :

             (1) An arrest;

             (2) A search pursuant to a search warrant ; or [an]

             (3) An inspection pursuant to a warrant for [the] an administrative inspection;

      (b) The property is [subject to seizure pursuant to a specific statute and is] the subject of a [prior] final judgment in [favor of the state in a criminal] a proceeding for forfeiture ; [or in favor of the state, a subdivision thereof or a law enforcement agency in a civil proceeding for forfeiture;]

      (c) The law enforcement agency has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

      (d) [Except as limited by NRS 200.760, the] The law enforcement agency has probable cause to believe that the property [was used or was intended to be used in a manner that would cause the property to be] is subject to forfeiture.

      Sec. 15.  NRS 179.1175 is hereby amended to read as follows:

      179.1175  1.  After property has been seized the agency which seized the property may:

      (a) Place the property under seal;

      (b) Remove the property to a place designated by the agency for the storage of that type of property; or

      (c) Remove the property to an appropriate place for disposition [if the disposal is authorized by a specific statute.] in a manner authorized by the court.

      2.  When a court declares property to be forfeited, the [law enforcement agency having custody of the property] plaintiff may:

      (a) Retain it for official use;

      (b) Sell any of it which is neither required by law to be destroyed nor harmful to the public; or

      (c) Remove it for disposition in accordance with the applicable provisions of NRS.

      Sec. 16.  NRS 179.118 is hereby amended to read as follows:

      179.118  The proceeds from any sale or retention of property [pursuant to the provisions of subsection 2 of NRS 179.1175, and any cash seized and subsequently declared forfeited pursuant to that subsection,] declared to be forfeited must be [used to pay] applied, first, to the satisfaction of any protected interest established by a claimant in the proceeding, then to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of effecting the seizure, [maintenance of custody, advertising and court costs.] the expense of maintaining custody, the expense of advertising and costs of suit. Any balance remaining must be deposited as follows:

      1.  If [one agency] the plaintiff seized the property, in the general fund of the governing body which controls the [agency.] plaintiff or, in the discretion of the governing body, in the account of the plaintiff.

      2.  If the [agency] plaintiff is a metropolitan police department [, in] :


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

ê1987 Statutes of Nevada, Page 1384 (Chapter 571, SB 270)ê

 

      (a) In the county’s general fund and credited to the general funds of the other participating entities in the same proportion as other money is distributed among the participating entities [.] ; or

      (b) In the discretion of the governing body which controls the plaintiff, in the account of the plaintiff.

      3.  If more than one agency was substantially involved in the seizure, in an equitable manner to be directed by the court hearing the proceeding for forfeiture.

      4.  [If the property was seized pursuant to NRS 179.121, in the state treasury for credit to the fund for the compensation of victims of crime.

      5.] If the property was seized pursuant to NRS 200.760, in the state treasury for credit to the fund for the compensation of victims of crime to be used for the counseling and the medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720, 200.730 or 201.230.

      Sec. 17.  NRS 179.1185 is hereby amended to read as follows:

      179.1185  If a vehicle or other conveyance is forfeited of a kind which is subject to the provisions of [chapter 482] Title 43 of NRS governing certificates of ownership, the [department of motor vehicles and public safety shall issue a certificate of title for the vehicle] agency charged by law with responsibility for issuing certificates of ownership for conveyances of the kind shall issue a certificate of ownership to:

      1.  The governing body or the agency to whom the title was awarded by the court if the [vehicle] conveyance is retained for official use; or

      2.  The purchaser if the [vehicle] conveyance is sold by the governing body or the [agency that seized the vehicle.] plaintiff.

      Sec. 18.  NRS 179.119 is hereby amended to read as follows:

      179.119  Any agency that receives forfeited property or the proceeds of a sale of such property pursuant to the provisions contained in NRS [179.116] 179.1165 to 179.1185, inclusive, and sections 2 to 12, inclusive, of this act shall file a quarterly report of the approximate value of the property and the amount of the proceeds with the entity that controls the budget of the agency. Anticipated revenue from forfeitures must not be considered in the preparation of the budget of a law enforcement agency except as money to match money from the Federal Government.

      Sec. 19.  NRS 31.840 is hereby amended to read as follows:

      31.840  Except as provided in [NRS 179.116 to 179.1195, inclusive,] section 11 of this act, the plaintiff in an action to recover the possession of personal property may, at the time of issuing the summons, or at any time before answer, claim the delivery of such property to him as provided in this chapter.

      Sec. 20.  NRS 200.760 is hereby amended to read as follows:

      200.760  All assets derived from or relating to any violation of NRS 200.366, 200.710, 200.720, 200.730 or 201.230 are subject to forfeiture. A proceeding for their forfeiture may be brought [and maintained in any court where jurisdiction over the money or property to be forfeited can be obtained.]


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

ê1987 Statutes of Nevada, Page 1385 (Chapter 571, SB 270)ê

 

obtained.] pursuant to NRS 179.1165 to 179.119, inclusive, and sections 2 to 12, inclusive, of this act.

      Sec. 21.  NRS 453.301 is hereby amended to read as follows:

      453.301  The following are subject to forfeiture [:] pursuant to NRS 179.1165 to 179.119, inclusive, and sections 2 to 12, inclusive, of this act:

      1.  All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of the provisions of NRS 453.011 to 453.552, inclusive.

      2.  All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive.

      3.  All property which is used, or intended for use, as a container for property described in subsections 1 and 2.

      4.  All books, records and research products and materials, including formulas, microfilm, tapes and data, which are used, or intended for use, in violation of the provisions of NRS 453.011 to 453.552, inclusive.

      5.  All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, concealment, manufacture or protection, for the purpose of sale, possession for sale or receipt of property described in subsection 1 or 2 . [, except that:

      (a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of the provisions of NRS 453.011 to 453.552, inclusive;

      (b) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent;

      (c) A conveyance is not subject to forfeiture for a violation of NRS 453.336 unless more than 1 kilogram of marihuana was in the conveyance; and

      (d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission. If a conveyance is forfeited the appropriate law enforcement agency may pay off the existing balance and retain the conveyance for official use.

No person, other than the holder of a community property interest, whose name or interest does not appear on the certificate of registration or title for the conveyance is a proper party to any forfeiture proceeding pursuant to this subsection.]

      6.  All drug paraphernalia as defined by NRS 453.554 which are used in violation of NRS 453.560, 453.562 or 453.566 or of an injunction issued pursuant to NRS 453.558.

      7.  All imitation controlled substances which have been manufactured, distributed or dispensed in violation of the provisions of NRS 453.332.


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

ê1987 Statutes of Nevada, Page 1386 (Chapter 571, SB 270)ê

 

      8.  [Except as provided in this subsection, everything] Everything of value furnished or intended to be furnished in exchange for a controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive, all proceeds traceable to such an exchange, and all [money, negotiable instruments and securities] property a violation of the provisions of NRS 453.011 to 453.552, inclusive [. No person’s interest in property may be forfeited pursuant to this subsection by reason of any act or omission which he establishes was committed or omitted without his knowledge or consent.] , except NRS 453.336. If an amount of cash which exceeds $300 is found in the possession of a person who is arrested for a violation of NRS 453.337 or 453.338, then there is a rebuttable presumption that the cash is traceable to an exchange for a controlled substance and is subject to forfeiture pursuant to this subsection.

      Sec. 22.  NRS 179.116, 179.117 and 179.1195 are hereby repealed.

 

_______

 

 

CHAPTER 572, AB 322

Assembly Bill No. 322–Committee on Taxation

CHAPTER 572

AN ACT relating to local financial administration; allowing an increase of the limits on the revenue of a county that performs functions previously performed by certain local governments which no longer exist; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 354.5982 is hereby amended to read as follows:

      354.5982  1.  The local government may exceed the respective limits imposed by NRS 354.59805, 354.59811 and 354.59816 upon combined amounts received and upon calculated receipts from taxes ad valorem only if its governing body proposes to its registered voters an additional levy ad valorem, specifying the amount of money to be derived, the purpose for which it is to be expended, and the duration of the levy, and the proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.

      2.  To the maximum combined revenue otherwise allowable under NRS 354.59805, 354.59811 and 354.59816 to a local government, the executive director of the department of taxation shall add any amount approved by the legislature for the cost to that local government of any substantial program or expense required by legislative enactment.


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

ê1987 Statutes of Nevada, Page 1387 (Chapter 572, AB 322)ê

 

      3.  If a county takes over the functions previously performed by a local government other than a city which no longer exists, the executive director of the department of taxation shall add to the maximum allowable revenue from taxes ad valorem, the maximum combined allowable revenue and the basic ad valorem revenue, respectively, otherwise allowable to that county pursuant to NRS 354.59805, 354.59811, 354.59816 and 377.057, an amount equal to the maximum allowable revenue from taxes ad valorem, the maximum combined allowable revenue and the basic ad valorem revenue, respectively, for the last fiscal year of existence of the local government whose functions were assumed.

      4.  Distributions of the supplemental city-county relief tax must not be changed because actual collections of taxes ad valorem are greater or less than calculated when those taxes were levied, but any actual revenue received from taxes ad valorem, excluding net proceeds of mines and delinquent payments of taxes, in excess of the maximum allowable combined revenue must not be expended during the fiscal year in which collected, and must be subtracted from the result obtained under subsection 2 of NRS 354.59805 to reduce the maximum amount of revenue which may be derived from taxes ad valorem in the next fiscal year for which the tax rates are certified. On or before January 1 of each year, each county treasurer shall submit a report of the excess ad valorem receipts for the prior year to the department of taxation, in the manner prescribed by the department. The executive director of the department of taxation shall withhold all revenue from the supplemental city-county relief tax otherwise payable to the county until an accurate and complete report is submitted.

      [4.] 5.  For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.

 

_______

 

 

CHAPTER 573, AB 105

Assembly Bill No. 105–Committee on Taxation

CHAPTER 573

AN ACT relating to the tax on special fuel; establishing a factor for converting gas to liquid for taxing compressed natural gas or liquefied petroleum gas as a special fuel; providing a rate for taxing compressed natural gas or liquefied petroleum gas as a special fuel; exempting the sale or use of special fuel from regulation by the public service commission of Nevada; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 366 of NRS is hereby amended by adding thereto a new section to read as follows:


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

ê1987 Statutes of Nevada, Page 1388 (Chapter 573, AB 105)ê

 

      For the purpose of taxing the sale or use of compressed natural gas or liquefied petroleum gas, 125 cubic feet of natural gas or liquefied petroleum gas shall be deemed to equal 1 gallon of special fuel.

      Sec. 2.  NRS 366.160 is hereby amended to read as follows:

      366.160  1.  All records of mileage operated, origin and destination points within this state, equipment operated in this state, gallons or cubic feet consumed, and tax paid [shall] must at all reasonable times be open to the public.

      2.  All supporting schedules, invoices and other pertinent papers relative to the business affairs and operations of any special fuel dealer or special fuel user, and any information obtained by an investigation of the records and equipment of any special fuel dealer or special fuel user, shall be deemed confidential and [shall] must not be revealed in whole or in part to anyone except in the necessary administration of this chapter or as otherwise provided by law.

      Sec. 3.  NRS 366.190 is hereby amended to read as follows:

      366.190  [A] 1.  Except as otherwise provided in subsection 2, a tax is hereby imposed at the rate of 13 cents per gallon on the sale or use of special fuels.

      2.  The rate of tax on compressed natural gas or liquefied petroleum gas as a special fuel is the same rate provided in subparagraph (3) of paragraph (b) of subsection 1 of NRS 365.170 per gallon of all other motor vehicle fuel.

      Sec. 4.  NRS 704.030 is hereby amended to read as follows:

      704.030  “Public utility,” does not include:

      1.  Persons insofar as they own, control, operate or manage motor vehicles operated as hearses, ambulances or hotel buses engaged in the transportation of persons for hire exclusively within the limits of a city of this state.

      2.  Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.

      3.  Persons engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this state if:

      (a) They serve 25 persons or less; and

      (b) Their gross sales for water or services for the disposal of sewage, or both, amounted to $5,000 or less during the immediately preceding 12 months.

      4.  Any common motor carrier, contract motor carrier of passengers or property, or private motor carrier subject to the provisions of chapter 706 of NRS.

      5.  Persons not normally engaged in the production and sale of water but which sell or furnish water as an accommodation in an area where water is not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water, for compensation, to persons within the political subdivision.


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

ê1987 Statutes of Nevada, Page 1389 (Chapter 573, AB 105)ê

 

      6.  Persons who are engaged in the production and sale of energy, including electricity, to public utilities, cities, counties or other entities which are reselling the energy to the public.

      7.  Persons who are engaged in the sale or use of special fuel as defined in NRS 366.060.

      Sec. 5.  Section 3 of this act expires by limitation on June 30, 1989.

      Sec. 6.  Section 4 of this act becomes effective at 12:01 a.m. on July 1, 1987.

 

_______

 

 

CHAPTER 574, AB 582

Assembly Bill No. 582–Committee on Health and Welfare

CHAPTER 574

AN ACT relating to barber schools; identifying the requirements for a person to be certified as an instructor; making it unlawful for an uncertified person to instruct in a barber school; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 643 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  The board shall certify any person as an instructor who:

      1.  Has applied to the board in writing on the form prescribed by the board;

      2.  Holds a high school diploma or its equivalent;

      3.  Has paid the applicable fees;

      4.  Holds a certificate of registered barber issued by the board;

      5.  Has practiced as a full-time barber in this state or in any other state or country whose requirements for licensing barbers are substantially equivalent to those in this state;

      6.  Has successfully completed a training program for instructors conducted by a licensed barber school which consists of a minimum of 400 hours of instruction within a 6-month period; and

      7.  Successfully passes an examination for instructors administered by the board.

      Sec. 3.  It is unlawful for any person to instruct the practice of barbering in a barber school unless he is certified by the board to do so.

      Sec. 4.  NRS 643.010 is hereby amended to read as follows:

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

      1.  “Barber school” includes school of barbering, college of barbering, barber college, and any other place or institution of instruction training persons to engage in the practice of barbering.


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

ê1987 Statutes of Nevada, Page 1390 (Chapter 574, AB 582)ê

 

      2.  “Barbershop” embraces any establishment or place of business wherein the practice of barbering is engaged in or carried on.

      3.  “Board” means the state barbers’ health and sanitation board.

      4.  “Instructor” means any [barber holding a valid certificate of registered barber and meeting the qualifications required by the board.] person certified by the board to instruct the practice of barbering in a barber school.

      5.  “Practice of barbering” is defined to be any of, or any combination of, or all of the following practices for cosmetic purposes:

      (a) Shaving or trimming the beard, [or] cutting or trimming the hair, or hair weaving.

      (b) Giving [facial or scalp] massages of the face or scalp or treatments with oils, creams, lotions or other preparations, either by hand or mechanical appliances.

      (c) Singeing, shampooing or dyeing the hair, or applying hair tonics.

      (d) Applying cosmetic preparations, antiseptics, powders, oils or lotions to the scalp, face or neck.

      (e) Arranging, fitting, cutting, styling, cleaning, coloring or dyeing a hairpiece or wig, whether made of human hair or synthetic material. This [shall] does not restrict any establishment from setting or styling a hairpiece or wig in preparation for retail sale.

      6.  “Practitioner of barbering” means [every] a person engaged in any of the practices designated in subsection 5.

      7.  “Student” means a person receiving instruction in a barber school.

      Sec. 5.  NRS 643.176 is hereby amended to read as follows:

      643.176  1.  The board [shall have authority to] may adopt and enforce reasonable [rules and] regulations governing:

      [1.] (a) The conduct of barber schools;

      [2.] (b) The course of study of barber schools; [and

      3.  The qualifications required of instructors in barber schools.]

      (c) The examination of instructors;

      (d) The fee for the examination of instructors, which may not exceed $75; and

      (e) The fee for the issuance and renewal of an instructor’s certificate.

      2.  The board shall require, as a prerequisite for the renewal of an instructor’s certification, continuing education in the form of seminars or other training.

      Sec. 6.  NRS 643.177 is hereby amended to read as follows:

      643.177  [Everyone] Any person who owns, manages, operates or controls any barber school, or part or portion thereof, shall:

      1.  Display a sign at every entrance to the barber school indicating that barbering is [done] performed by students exclusively;

      2.  Have at least two instructors available at all times when [active school enrollment is 10] the active enrollment of the school is 20 or more students [; but if active school enrollment is less than 10 students only one instructor will be required;] and at least one instructor when the active enrollment is less; and


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

ê1987 Statutes of Nevada, Page 1391 (Chapter 574, AB 582)ê

 

      3.  Comply with all other provisions of this chapter relating to barber schools . [; and

      4.  Make no charge for service rendered by the students to the public.]

 

_______

 

 

CHAPTER 575, AB 561

Assembly Bill No. 561–Assemblymen Getto, Dini, Carpenter, Marvel and Bergevin

CHAPTER 575

AN ACT relating to the subdivision of land; requiring in certain counties the board of directors of an irrigation district to review a tentative map of the subdivision of land; requiring a tentative map to show the location of irrigation ditches and rights of way for irrigation ditches; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      In any county whose population is less than 100,000, when any subdivider proposes to subdivide land, any part of which is located within the boundaries of any irrigation district organized pursuant to chapter 539 of NRS, the county planning commission or governing body shall file a copy of the subdivider’s tentative map with the board of directors of the district. The board of directors shall within 30 days review and comment in writing upon the map to the planning commission or governing body. The planning commission or governing body shall take those comments into consideration before approving the tentative map.

      Sec. 2.  NRS 278.010 is hereby amended to read as follows:

      278.010  For the purpose of NRS 278.010 to 278.630, inclusive, [and] section 9 of [this act] Senate Bill No. 248 of this session, and section 1 of this act:

      1.  “Acre site” consists of 43,560 square feet of land, and includes any public streets and alleys or other rights of way or easements.

      2.  “Building code” means ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.

      3.  “Cities and counties” means all counties and cities located in counties. Carson City is considered as a county.

      4.  “Commission” means the planning commission of the city, the county or the region, as established by ordinance.

      5.  “County surveyor” means a person appointed as such or a person designated by a board of county commissioners or the board of supervisors of Carson City to perform the duties of a county surveyor under this chapter.


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

ê1987 Statutes of Nevada, Page 1392 (Chapter 575, AB 561)ê

 

      6.  “Final map” means a map prepared in accordance with the provisions of NRS 278.010 to 278.630, inclusive, [and] section 9 of [this act,] Senate Bill No. 248 of this session, and section 1 of this act, and those of any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.

      7.  “Governing body” means the city council or other legislative body of the city or the board of county commissioners or, in the case of Carson City, the board of supervisors.

      8.  “Improvement” means such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for local drainage, local traffic and the general use of property owners in the subdivision.

      9.  “Local ordinance” means an ordinance enacted by the governing body of any city or county, under the powers granted in NRS 278.010 to 278.630, inclusive, [and] section 9 of [this act] Senate Bill No. 248 of this session, and section 1 of this act, and within the limitations therein set forth, regulating the design and improvement of land subdivisions.

      10.  “Lot” means a distinct part or parcel of land which has been divided to transfer ownership or to build. The term does not include a parcel of land used or intended solely for use as a location for a water well.

      11.  “Parcel map” means a map as provided in NRS 278.461, 278.462 and 278.464 to 278.467, inclusive.

      12.  “Right of way” includes all public and private rights of way and all areas required for public use in accordance with any master plan or parts thereof.

      13.  “Streets” includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights of way, and other ways.

      14.  “Subdivider” means a person who causes land to be divided into a subdivision for himself or for others.

      15.  “Tentative map” means a map made to show the design of a proposed subdivision and the existing conditions in and around it.

      Sec. 3.  NRS 278.569 is hereby amended to read as follows:

      278.569  Each governing body [may] shall require by ordinance that each [final] :

      1.  Tentative map of a subdivision indicate the location of irrigation ditches and rights of way and easements for irrigation ditches.

      2.  Final map of a subdivision, parcel map [,] or final map of a division of land into large parcels reserve a right of way for any existing irrigation ditch and its maintenance.

      Sec. 4.  Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1987.

 

_______


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ê1987 Statutes of Nevada, Page 1393ê

 

CHAPTER 576, AB 495

Assembly Bill No. 495–Committee on Government Affairs

CHAPTER 576

AN ACT relating to regional transportation commissions; expanding the powers of commissions; specifying that commissions are public employers for the purpose of employees’ retirement and political subdivisions for the purpose of civil liability; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 373 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  A commission may:

      1.  Acquire and own both real and personal property.

      2.  Exercise the power of eminent domain, if the city or county which has jurisdiction over the property approves, for the acquisition, construction, repair or maintenance of public roads, or for any other purpose related to public mass transportation.

      3.  Sell, lease or convey or otherwise dispose of rights, interests or properties.

      4.  Adopt regulations for:

      (a) Financing eligible activities;

      (b) The operation of systems or services provided by the commission; and

      (c) The operation of special systems by a private contractor, financed by the commission, for the transportation of elderly or handicapped persons, subject to the approval of the regulations by the board of county commissioners in an affected county whose population is less than 250,000.

      Sec. 3.  A commission may:

      1.  Sue and be sued.

      2.  Prepare and approve budgets for the regional street and highway fund, the public transit fund and money it receives from any source.

      3.  Adopt bylaws for the administration of its affairs and rules for the administration and operation of facilities under its control.

      4.  Conduct studies, develop plans and conduct public hearings to establish and approve short-range and regional plans for transportation.

      5.  Purchase insurance or establish a reserve or fund for self-insurance, or adopt any combination of these, to insure against loss by reason of:

      (a) Damages resulting from fire, theft, accident or other casualty; or

      (b) The commission’s liability for other damages to persons or property which occur in the construction or operation of facilities or equipment under its control or in the conduct of its activities.

      Sec. 4.  A commission may:

      1.  Provide for and maintain such security in operations as is necessary for the protection of persons and property under its jurisdiction and control.

      2.  Employ professional, technical, clerical and other personnel necessary to carry out the provisions of this chapter.


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

ê1987 Statutes of Nevada, Page 1394 (Chapter 576, AB 495)ê

 

      Sec. 5.  A commission may:

      1.  Operate a system of public transportation to the exclusion of any other publicly owned system of transportation within its area of jurisdiction.

      2.  Use streets, roads, highways and other public rights of way for public transportation.

      3.  Enter into agreements for the joint use of facilities, installations and properties and the joint exercise of statutory powers.

      4.  Enter into contracts, leases and agreements with and accept grants and loans from federal and state agencies, counties, cities, towns, other political subdivisions, public or private corporations and other persons, and may perform all acts necessary for the full exercise of the powers vested in the commission.

      Sec. 6.  NRS 373.115 is hereby amended to read as follows:

      373.115  [1.] The commission may establish a fund consisting of contributions from private sources, the state or the county and cities and towns within the jurisdiction of the commission for the purpose of matching federal [funds] money, from any federal source.

      [2.  Any moneys disbursed by the commission for transit or other highway and transportation purposes shall be disbursed pursuant to written agreements executed by the board and the respective governing bodies of the cities and towns within the jurisdiction of the commission.]

      Sec. 7.  (Deleted by amendment.)

      Sec. 8.  NRS 377A.080 is hereby amended to read as follows:

      377A.080  1.  In any county in which a tax for public mass transportation and construction of public roads has been imposed, the board shall by ordinance create a regional transportation commission pursuant to chapter 373 of NRS if one has not already been created under that chapter. Where a regional transportation commission has already been created under that chapter, that commission shall also exercise the powers conferred by this section.

      2.  The regional transportation commission may:

      (a) Appropriate money in the public transit fund accumulated by a county to provide a public transit system for that county if the system is included in a regional transportation plan adopted by the regional transportation commission;

      (b) Appropriate money to support agencies which are providing transportation for the elderly and the handicapped if the services provided by the agencies are part of the regional transportation plan; and

      (c) Provide for or perform all functions incident to the administration and operation of the public transit system [.] , including the establishment of fares for the system.

      3.  The commission may draw money out of the public transit fund only for the purposes of establishing and maintaining a public transit system for the county, supporting other services required by the regional transportation plan and constructing, repairing and maintaining public roads. Money drawn for constructing, repairing and maintaining public roads must be allocated to the governmental entities within the county in the same ratio as each entity’s total miles of paved roads bears to the total miles of paved roads within the county.


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

ê1987 Statutes of Nevada, Page 1395 (Chapter 576, AB 495)ê

 

the governmental entities within the county in the same ratio as each entity’s total miles of paved roads bears to the total miles of paved roads within the county.

      Sec. 9.  NRS 41.0305 is hereby amended to read as follows:

      41.0305  As used in NRS 41.031 to 41.039, inclusive, and sections 2 and 3 of [this act,] chapter 40, Statutes of Nevada 1987, the term “political subdivision” includes a regional transportation commission and a fire protection district, irrigation district, school district and other special district which performs a governmental function, even though it does not exercise general governmental powers.

      Sec. 10.  NRS 286.070 is hereby amended to read as follows:

      286.070  1.  “Public employer” means the state, one of its agencies or one of its political subdivisions, the system, irrigation districts created under the laws of the State of Nevada, a nonprofit corporation to which a public hospital has been conveyed or leased pursuant to NRS 450.500, a public or quasi-public organization or agency that is funded, at least in part, by public money, including a regional transportation commission, and a council of governments created pursuant to the laws of the State of Nevada.

      2.  State agencies are those agencies subject to state control and supervision, including those whose employees are governed by chapter 284 of NRS, unless specifically exempted therefrom, and those which deposit money with the state treasurer.

      Sec. 11.  Section 9 of this act becomes effective at 12:01 a.m. on July 1, 1987.

 

_______

 

 

CHAPTER 577, AB 679

Assembly Bill No. 679–Assemblymen Sedway and Dini

CHAPTER 577

AN ACT relating to public works; requiring the state public works board to let a contract for the design and construction of housing units for the department of prisons; exempting that contract from certain competitive bidding requirements; providing for the issuance of general obligation bonds of the state; making an appropriation; authorizing certain advances; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The legislature hereby finds and declares that:

      1.  The facilities and institutions of the department of prisons are overcrowded;

      2.  A need exists to construct new facilities in the most expeditious manner possible; and


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

ê1987 Statutes of Nevada, Page 1396 (Chapter 577, AB 679)ê

 

      3.  It is the purpose of sections 2 and 3 of this act, in the interest of promoting the general welfare of the people of the state, to accelerate the design and construction of new facilities of the department of prisons.

      Sec. 2.  1.  The state public works board shall let a single contract for the design and construction of modular housing units at the Nevada State Prison and the Southern Desert Correctional Center.

      2.  The contract for the project enumerated in subsection 1 is exempt from the provisions relating to bids in NRS 341.145 to 341.151, inclusive.

      Sec. 3.  All state and local governmental agencies involved in the design and construction of the projects enumerated in section 2 of this act shall cooperate with the state public works board to expedite the completion of those projects.

      Sec. 4.  1.  The state board of examiners shall issue general obligation bonds of the State of Nevada to provide the money necessary for the design and construction of modular housing units at the Nevada State Prison and the Southern Desert Correctional Center, in a face amount of not more than $9,815,000.

      2.  There is hereby appropriated from the state general fund to the state board of examiners the sum of $100,000 for expenses incurred in the issuance of general obligation bonds pursuant to this section.

      3.  Any remaining balance of the appropriation made by subsection 2 must not be committed for expenditure after July 1, 1988, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 5.  The state controller may advance temporarily from the state general fund to the state public works board, until the date on which bonds authorized by subsection 1 of section 4 of this act are sold, amounts necessary to facilitate the design and construction of modular housing units at the Nevada State Prison and the Southern Desert Correctional Center. The state controller shall not advance more than the face amount of the bonds authorized to be issued. The advanced amounts must be repaid immediately to the state general fund upon the sale of the bonds.

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

 

_______


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

ê1987 Statutes of Nevada, Page 1397ê

 

CHAPTER 578, AB 270

Assembly Bill No. 270–Assemblyman Nevin

CHAPTER 578

AN ACT relating to public health; providing a fee for the analysis of a controlled substance or dangerous drug for certain defendants; providing for the distribution and expenditure of the fee; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  When a defendant pleads or is found guilty of any violation of this chapter and an analysis of a controlled substance was performed in relation to his case, the justice or judge shall include in the sentence the sum of $50 as a fee for the analysis of the controlled substance.

      2.  The money collected for such an analysis must not be deducted from the fine imposed by the justice or judge, but must be taxed against the defendant in addition to the fine. The money collected for such an analysis must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dropped, the money deposited with the court must be returned to the defendant.

      3.  The money collected pursuant to subsection 1 in municipal court must be paid by the clerk of the court to the county treasurer on or before the 5th day of each month for the preceding month.

      4.  The money collected pursuant to subsection 1 in justices’ courts must be paid by the clerk of the court to the county treasurer on or before the 5th day of each month for the preceding month.

      5.  The board of county commissioners of each county shall by ordinance, before September 1, 1987, create in the county treasury a fund to be designated as the fund for forensic services. Upon receipt, the county treasurer shall deposit any fee for the analyses of controlled substances in the fund.

      6.  In counties which receive forensic services under a contract with the state, any money in the fund for forensic services must be paid monthly by the county treasurer to the state treasurer for deposit in the state general fund, after retaining 2 percent of the money to cover his administrative expenses.

      7.  In counties which do not receive forensic services under a contract with the state, money in the fund for forensic services must be expended, except as otherwise provided in this subsection:

      (a) To pay for the analyses of controlled substances performed in connection with criminal investigations within the county;

      (b) To purchase and maintain equipment to conduct these analyses; and


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

ê1987 Statutes of Nevada, Page 1398 (Chapter 578, AB 270)ê

 

      (c) For the training and continuing education of the employees who conduct these analyses.

Money from the fund must not be expended to cover the costs of analyses conducted by, equipment used by or training for employees of an analytical laboratory not registered with the Drug Enforcement Administration of the United States Department of Justice.

      Sec. 2.  Chapter 454 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  When a defendant pleads or is found guilty of any violation of this chapter and an analysis of a dangerous drug was performed in relation to his case, the justice or judge shall include in the sentence the sum of $50 as a fee for the analysis of the dangerous drug.

      2.  The money collected for such an analysis must not be deducted from the fine imposed by the justice or judge, but must be taxed against the defendant in addition to the fine. The money collected for such an analysis must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dropped, the money deposited with the court must be returned to the defendant.

      3.  The money collected pursuant to subsection 1 in municipal court must be paid by the clerk of the court to the county treasurer on or before the 5th day of each month for the preceding month.

      4.  The money collected pursuant to subsection 1 in justices’ courts must be paid by the clerk of the court to the county treasurer on or before the 5th day of each month for the preceding month.

      5.  The board of county commissioners of each county shall by ordinance, before September 1, 1987, create in the county treasury a fund to be designated as the fund for forensic services. Upon receipt, the county treasurer shall deposit any fee for the analyses of dangerous drugs in the fund.

      6.  In counties which receive forensic services under a contract with the state, any money in the fund for forensic services must be paid monthly by the county treasurer to the state treasurer for deposit in the state general fund, after retaining 2 percent of the money to cover his administrative expenses.

      7.  In counties which do not receive forensic services under a contract with the state, money in the fund for forensic services must be expended, except as otherwise provided in this subsection:

      (a) To pay for the analyses of dangerous drugs performed in connection with criminal investigations within the county;

      (b) To purchase and maintain equipment to conduct these analyses; and

      (c) For the training and continuing education of the employees who conduct these analyses.

Money from the fund must not be expended to cover the costs of analyses conducted by, equipment used by or training for employees of an analytical laboratory not registered with the Drug Enforcement Administration of the United States Department of Justice.


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

ê1987 Statutes of Nevada, Page 1399 (Chapter 578, AB 270)ê

 

      Sec. 3.  NRS 454.181 is hereby amended to read as follows:

      454.181  Definitions of words and terms in NRS 454.00922, 454.191, 454.201 and 454.211 apply only to NRS 454.181 to 454.371, inclusive [.] , and section 2 of this act.

 

_______

 

 

CHAPTER 579, AB 722

Assembly Bill No. 722–Committee on Government affairs

CHAPTER 579

AN ACT relating to insurance for state officers and employees; subrogating the committee on group insurance to the rights of certain insureds against third parties; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If an officer or employee of the state or dependent thereof incurs an illness or injury for which medical services are payable under the plan for self-insurance adopted by the committee on group insurance and the illness or injury is incurred under circumstances creating a legal liability in some person, other than the officer, employee or dependent, to pay all or part of the cost of those services, the committee on group insurance is subrogated to the right of the officer, employee or dependent to the extent of all such costs, and may join or intervene in any action by the officer, employee or dependent or his successors in interest, to enforce that legal liability.

      2.  If an officer, employee or dependent or his successors in interest fail or refuse to commence an action to enforce that legal liability, the committee on group insurance may commence an independent action, after notice to the officer, employee or dependent or his successors in interest, to recover all costs to which it is entitled. In any such action by the committee on group insurance, the officer, employee or dependent may be joined as third party defendants.

      3.  If the committee on group insurance is subrogated to the rights of the officer, employee or dependent or his successors in interest as provided in subsection 1, the committee on group insurance has a lien upon the total proceeds of any recovery from the persons liable, whether the proceeds of the recovery are by way of a judgment or settlement or otherwise. Within 15 days after recovery by receipt of the proceeds of the judgment, settlement or other recovery, the officer, employee or dependent or his successors in interest shall notify the committee on group insurance of the recovery and pay the committee on group insurance the amount due to it pursuant to this section. The officer, employee or dependent or his successors in interest are not entitled to double recovery for the same injury.


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

ê1987 Statutes of Nevada, Page 1400 (Chapter 579, AB 722)ê

 

      4.  The officer, employee or dependent or his successors in interest shall notify the committee on group insurance in writing before entering any settlement or agreement or commencing any action to enforce the legal liability referred to in subsection 1.

      Sec. 2.  NRS 287.043 is hereby amended to read as follows:

      287.043  The committee on group insurance shall:

      1.  Act as an advisory body on matters relating to group life, accident or health insurance, or any combination thereof, for the benefit of all state officers and employees.

      2.  Except as otherwise provided in this subsection, negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 which is desirous of obtaining group insurance for its officers and employees by participation in the state’s program of group insurance. If such an agency has 200 officers and employees or fewer, the rates and coverage must be the same as those established for state employees. If such an agency has more than 200 officers and employees, the committee may establish by regulation separate rates and coverage for those officers and employees based on actuarial reports.

      3.  Give public notice in writing of proposed changes in rates or coverage to each participating public employer who may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.

      4.  Purchase policies of life, accident or health insurance, or any combination thereof, from any insurance company qualified to do business in this state or provide similar coverage through a plan of self-insurance for the benefit of all eligible public officers and employees who participate in the state’s program of group insurance.

      5.  Consult the state risk manager and obtain his advice in the performance of the duties set forth in this section.

      6.  Adopt such regulations and perform such other duties as may be necessary to carry out the provisions of NRS 287.041 to 287.049, inclusive, [and] sections 2 to 5, inclusive, of [this act,] chapter 149, Statutes of Nevada 1987, and section 1 of this act, including the establishment of:

      (a) Fees for applications for participation in the state’s program and for the last payment of premiums; and

      (b) Conditions for entry and reentry into the state’s program by public agencies enumerated in NRS 287.010.

      7.  Appoint an independent certified public accountant. The accountant shall provide an annual audit of the plan and report to the committee and the legislative commission.

      Sec. 3.  Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1987.

 

_______


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

ê1987 Statutes of Nevada, Page 1401ê

 

CHAPTER 580, SB 537

Senate Bill No. 537–Committee on Finance

CHAPTER 580

AN ACT relating to the department of museums and history; creating the division of Nevada state railroad museums; revising the responsibilities of the curator; revising the duties of the administrator; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 381A of NRS is hereby amended by adding thereto a new section to read as follows:

      The division of Nevada state railroad museums includes:

      1.  The Nevada state railroad museum in Carson City.

      2.  The railroad track, equipment and land owned by the state located between Henderson and Boulder City.

      3.  Other sites which may be acquired and operated by the division.

      Sec. 2.  NRS 381.004 is hereby amended to read as follows:

      381.004  1.  The department of museums and history is hereby created.

      2.  The department consists of:

      (a) The office of the administrator;

      (b) The Nevada state museum;

      (c) The Lost City museum;

      (d) The Nevada museum and historical society;

      (e) The [Nevada railroad museum;] division of Nevada state railroad museums;

      (f) The Nevada historical society; and

      (g) Such other divisions and institutions as the board may establish.

      Sec. 3.  NRS 381.006 is hereby amended to read as follows:

      381.006  [The] For the property and facilities of the division of Nevada state railroad museums other than the Nevada state railroad museum in Carson City, the administrator:

      1.  Is responsible to the governor for the general administration of the department and for the submission of its budgets, which must include the combined budgets of its institutions.

      2.  Shall supervise the directors of its institutions in matters pertaining to the general administration of the institutions.

      3.  Shall coordinate the submission of requests by its institutions for assistance from governmental sources.

      4.  Shall oversee the public relations of its institutions.

      5.  Shall superintend the planning and development of any new facilities for the department or its institutions.

      6.  Shall assist the efforts of its institutions in improving their services to the rural counties.


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

ê1987 Statutes of Nevada, Page 1402 (Chapter 580, SB 537)ê

 

      7.  Shall supervise the facilities for storage which are jointly owned or used by any of its institutions.

      8.  Shall govern, manage and control all property of the division.

      9.  Shall trade, exchange and transfer exhibits and equipment when he considers it proper and the transactions are not sales.

      10.  May contract with any person to provide concessions on the grounds of the property and facilities of the division, provided that any contract permitting control of real property of the division by a nongovernmental entity must be executed as a lease pursuant to NRS 321.003, 322.050, 322.060 and 322.070.

      Sec. 4.  NRS 381A.010 is hereby amended to read as follows:

      381A.010  As used in this chapter, “curator” means the curator of the Nevada state railroad museum [.] in Carson City.

      Sec. 5.  NRS 381A.020 is hereby amended to read as follows:

      381A.020  1.  The [Nevada railroad museum] division of Nevada state railroad museums is hereby established as an institution within the department of museums and history.

      2.  The [Nevada railroad museum] division of Nevada state railroad museums may receive, collect, exchange, preserve, house, care for, display and exhibit property, memorabilia, photographs and equipment relating to railroads, which are under state control or which the state receives in any manner.

      3.  The property, memorabilia, photographs and equipment may be received and collected from any appropriate property of the State of Nevada, or from accessions, gifts, exchanges, loans or purchasers from any other agencies, persons or sources.

      [4.  Except as provided in this subsection, the property must be housed, preserved, cared for and displayed in the Nevada railroad museum at Carson City, Nevada. This subsection does not prevent the permanent or temporary display of the property, with the consent of the board of museums and history, at other places within or without the State of Nevada.]

      Sec. 6.  NRS 381A.030 is hereby amended to read as follows:

      381A.030  The board of museums and history shall adopt regulations:

      1.  Governing the use and operation of locomotives, motorcars, cars , recreational or commercial rides on the trains and fixtures owned by the [Nevada railroad museum] division of Nevada state railroad museums for television and producing motion pictures, and fixing the charges for such use.

      2.  For the safe operation of locomotives, motorcars, cars , recreational or commercial rides on the trains and fixtures owned by the [Nevada railroad museum.] division of Nevada state railroad museums.

      Sec. 7.  NRS 381A.040 is hereby amended to read as follows:

      381A.040  The administrator of the department of museums and history, with the consent of the board of museums and history, shall appoint a curator of the Nevada state railroad museum [,] in Carson City, who is in the classified service.


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

ê1987 Statutes of Nevada, Page 1403 (Chapter 580, SB 537)ê

 

      Sec. 8.  NRS 381A.050 is hereby amended to read as follows:

      381A.050  [The] For the Nevada state railroad museum in Carson City, the curator may:

      1.  Govern, manage and control the exhibit and display of all property of the [Nevada railroad] museum;

      2.  Trade, exchange and transfer exhibits and duplicates thereof when he considers it proper, and the transactions are not sales;

      3.  Audit and approve all bills, claims and accounts for the [Nevada railroad] museum;

      4.  Collect all money and other property received by the [Nevada railroad] museum from memberships, sales, interest or dividends from any sources other than appropriation by the legislature; and

      5.  Adopt regulations for the internal management of the [Nevada railroad] museum.

      Sec. 9.  NRS 381A.070 is hereby amended to read as follows:

      381A.070  1.  The [Nevada railroad museum] division of Nevada state railroad museums may maintain a petty cash account of not more than $100.

      2.  All reimbursements to the account must be made from appropriated money by a claim and warrant on the state treasurer as other claims against the state are paid.

      Sec. 10.  1.  There is hereby appropriated from the state general fund to the division of Nevada state railroad museums of the department of museums and history for the operation of the division:

For the fiscal year 1987-88........................................................................        $20,000

For the fiscal year 1988-89........................................................................          20,000

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

      Sec. 11.  The administrator of the department of museums and history may negotiate until January 1, 1989, with an historical railroad foundation for its inclusion in the division of Nevada railroad museums of the department.

 

_______


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ê1987 Statutes of Nevada, Page 1404ê

 

CHAPTER 581, AB 849

Assembly Bill No. 849–Committee on Ways and Means

CHAPTER 581

AN ACT making an appropriation from the estate tax account to the Department of Education for transfer to the University of Nevada System for scholarships in the field of teaching; and providing other matters properly relating thereto.

 

[Approved June 17, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the estate tax account in the state general fund created pursuant to section 4 of chapter 21, Statutes of Nevada 1987, to the Department of Education for transfer to the University of Nevada System for scholarships to increase the number of qualified students pursuing degrees in teaching:

For the fiscal year 1987-88........................................................................        $65,880

For the fiscal year 1988-89........................................................................        130,680

      2.  The amounts so appropriated must be allocated as follows:

      (a) Of the amount appropriated for the fiscal year 1987-88, $33,936 to the University of Nevada at Las Vegas for 23 scholarships and $31,944 to the University of Nevada at Reno for 22 scholarships.

      (b) Of the amount appropriated for the fiscal year 1988-89, $65,340 to the University of Nevada at Las Vegas for 45 scholarships and $65,340 to the University of Nevada at Reno for 45 scholarships.

      Sec. 2.  Any balance of the sums appropriated by section 1 of this act remaining at the end of the respective fiscal year must not be committed for expenditure after June 30 and reverts to the estate tax account in the state general fund as soon as all payments of money committed have been made.

 

_______

 

 

CHAPTER 582, SB 576

Senate Bill No. 576–Committee on Finance

CHAPTER 582

AN ACT relating to revenue bonds; authorizing the director of the department of commerce to issue revenue bonds for venture capital; and providing other matters properly relating thereto.

 

[Approved June 17, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 349 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 31, inclusive, of this act.

      Sec. 2.  It is the intent of the legislature to:

      1.  Promote in the broadest sense the economic diversification and safe growth of the economy of the state;


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ê1987 Statutes of Nevada, Page 1405 (Chapter 582, SB 576)ê

 

      2.  Provide an attractive opportunity for the investment of venture capital within the state;

      3.  Correct the serious shortage of venture capital available or dedicated to development of new enterprises within the state;

      4.  Ensure that the investment strategies pursued pursuant to sections 2 to 31, inclusive, of this act, emphasize enterprises in the early stages of development that exhibit the potential for high growth and the capability to use equity capital efficiently so that the ratio of its revenues will be relatively high in comparison to its capital; and

      5.  Ensure that the enterprises funded with the money developed for venture capital pursuant to sections 2 to 31, inclusive, of this act, are compatible with the plan of the state for economic diversification and development or for the marketing and development of tourism and any modifications thereto, and are of the type that will not cause significant injury to the environment of the state.

      Sec. 3.  As used in sections 2 to 31, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 11, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 4.  “Account for venture capital” means the special fund which contains that portion of the proceeds from the sale of the bonds allocated for venture capital by the director or his representative.

      Sec. 5.  “Agreement” means the contract between the director and the management company authorizing the management company to manage the assets of the account for venture capital.

      Sec. 6.  “Board” means the state board of examiners.

      Sec. 7.  “Bonds” or “revenue bonds” means bonds, notes or other securities evidencing an obligation and issued pursuant to section 2 to 31, inclusive, of this act.

      Sec. 8.  “Director” means the director of the department of commerce or any person within the department of commerce designated by him to perform duties in connection with a financing or the issuance of bonds.

      Sec. 9.  “Expense of operation and maintenance” means any reasonable and necessary current expense of the state for the operation, maintenance or administration of the financing or of the collection and administration of revenues from the financing, and includes, but is not limited to:

      1.  Expenses for engineering, auditing, reporting or legal services and any other expense incurred by the director which are directly related to the administration of the financing;

      2.  Premiums for fidelity bonds and policies of property and liability insurance pertaining to the financing;

      3.  Premiums for blanket bonds and policies, or any portion of, which may be reasonably allocated to the state;

      4.  Payments to pension, retirement and health insurance and other insurance funds;

      5.  Reasonable charges by any paying agent, commercial bank, trust company or other depository bank pertaining to any bonds;


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

ê1987 Statutes of Nevada, Page 1406 (Chapter 582, SB 576)ê

 

      6.  Salaries or fees paid pursuant to any contract for professional services;

      7.  Cost of materials, supplies and labor pertaining to the issuance of any bonds, including the expenses of any trustee, receiver or other fiduciary; and

      8.  Costs incurred in the collection and any refund of revenues pursuant to the financing.

      Sec. 10.  “Fund for the retirement of bonds” means the fund established pursuant to the indenture and held by the trustee and which secures payment of the principal amount of the bonds at maturity.

      Sec. 11.  “Management company” means the company which manages and administers the account for venture capital pursuant to the agreement.

      Sec. 12.  1.  The director has all the powers necessary to accomplish the purposes set forth in sections 2 to 31, inclusive, of this act, but these powers must be exercised for the health, safety, convenience, prosperity and welfare of the inhabitants of this state and for the economic diversification and development of the state and the marketing and development of tourism.

      2.  The legislature intends that sections 2 to 31, inclusive, of this act, be liberally construed in conformity with the purposes set forth in section 2 of this act.

      Sec. 13.  In the absence of fraud, malice or willful misconduct, the director or any person acting on his behalf is not personally liable on any contracts or other agreements entered into by him pursuant to sections 2 to 31, inclusive, of this act, or for any damage or injury resulting from the performance of those duties.

      Sec. 14.  The director may, upon approval of the board:

      1.  Select the management company;

      2.  Enter into an agreement;

      3.  Adopt regulations necessary to carry out the provisions of sections 2 to 31, inclusive, of this act;

      4.  Charge the account for venture capital for the expenses of operation and maintenance; and

      5.  Employ or contract for the services of attorneys, accountants, financial experts and any other advisers, employees, consultants and agents as the director determines to be necessary to carry out the provisions of sections 2 to 31, inclusive, of this act.

      Sec. 15.  The director may not operate or manage any enterprise in which an investment has been made by a management company for the account for venture capital.

      Sec. 16.  A portion of the proceeds of the bonds, after the allocation to the fund for retirement of the bonds, must be placed by the director in a special account for venture capital.

      Sec. 17.  In the agreement the management company shall agree to invest the money and other assets in the account for venture capital consistent with the purposes of sections 2 to 31, inclusive, of this act. In addition, the agreement must:


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

ê1987 Statutes of Nevada, Page 1407 (Chapter 582, SB 576)ê

 

      1.  Specify the length of the term of the agreement, the compensation to be paid the management company and the method by which the agreement may be terminated before the expiration of its term.

      2.  Impose a fiduciary duty on the management company in the administration of the account for venture capital, including the preservation and protection of the money and other assets in the account for venture capital before their investment.

      3.  Prohibit the director from participating in the decisions regarding the investment of the money and other assets in the account for venture capital.

      4.  Specify the grounds for terminating the agreement for cause other than the poor performance of certain enterprises in which the money is invested.

      5.  Authorize the director or the management company to terminate the agreement without cause upon written notice to the other party. The amount of time necessary for notice may be negotiated between the director and the management company.

      6.  Authorize the director to require the management company to adhere to certain objectives and policies for investment applicable to the account for venture capital to ensure the achievement of the goals prescribed in section 2 of this act, and to terminate the contract if the management company fails to adhere to those objectives and policies.

      7.  Prohibit the management company, upon termination of the agreement for any reason, from making any additional investment for the account for venture capital after the date of notice of the termination, unless the investment is authorized in writing by the director.

      Sec. 18.  The objective of the investments for the account for venture capital is to seek the appreciation of long-term capital by investing venture capital in new developing enterprises which the management company believes offers the possibility of significant long-term growth consistent with the protection of the environment of the state.

      Sec. 19.  1.  The investments of the management company for the account for venture capital may take the form of an equity investment, a loan or a purchase of warrants or options to purchase stock.

      2.  The management company must be managed by a person who is experienced in various aspects of the development of new enterprises.

      Sec. 20.  The management company must be:

      1.  Aware of and responsive to local issues;

      2.  Capable of supervising and financing an enterprise throughout its development;

      3.  Familiar with and able to cooperate with any agency or program of the United States for the development or promotion of small enterprises; and

      4.  Willing to locate branch offices in Nevada restricted to Nevada financing.

      Sec. 21.  1.  The director may, if he finds it feasible, issue revenue bonds to the extent necessary to provide sufficient money for the account for venture capital and sufficient to pay the interest on the bonds until the proceeds are so used and to pay all other expenses incurred in providing the financing.


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

ê1987 Statutes of Nevada, Page 1408 (Chapter 582, SB 576)ê

 

proceeds are so used and to pay all other expenses incurred in providing the financing.

      2.  The director shall submit to the board a copy of his findings relevant to the issuance of the bonds. If the board approves, the director may proceed to issue the bonds in the amount approved, but the aggregate principal amount of outstanding bonds issued, based upon the face value of the initial issue, must not exceed $100,000,000. The director may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax.

      Sec. 22.  Before issuing bonds, the director and the board shall find that:

      1.  The financing will provide a public benefit.

      2.  There are sufficient safeguards to ensure that all money provided pursuant to sections 2 to 31, inclusive, of this act, will be expended solely for the purposes stated in sections 2 to 31, inclusive, of this act.

      3.  There are existing and projected needs for venture capital and the money would alleviate an existing shortage of venture capital in the state.

      4.  The financing is compatible with the investment objectives as stated in the agreement.

      5.  The financing is compatible with the plan of the state for economic diversification and development or for the marketing and development of tourism in this state, and any modifications thereto.

      6.  The total amount of money to be provided by the director is adequate to create the account for venture capital.

      7.  The agreement is consistent with the provisions of sections 2 to 31, inclusive, of this act, and adequately provides for optimum investment of the money and other assets of the account for venture capital.

      8.  The management company has the experience, reputation, capital, and personnel to be able to accomplish its obligations as specified in the agreement.

      Sec. 23.  1.  The bonds issued pursuant to sections 2 to 31, inclusive, of this act, must be structured to provide a significant degree of safety as to repayment of principal and interest upon their maturity.

      2.  A portion of the proceeds of the bonds must be placed in a fund for the retirement of the bonds. The money in this fund must be invested in:

      (a) Direct obligations of, or obligations the payment of the principal of and the interest of which are unconditionally guaranteed by the United States; or

      (b) Obligations issued or guaranteed as to principal and interest by any agency or instrumentality of the United States.

      3.  The amount of the deposit in the fund for the retirement of bonds must be determined on the basis of the yields available from the securities in which that money may be invested on the date of the deposit and calculated so as to produce, without reinvestment, a balance in the fund sufficient to pay the principal amount due on the bonds at maturity.

      Sec. 24.  1.  All bonds issued by the director pursuant to sections 2 to 31, inclusive, of this act, are special, limited obligations of the state.


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

ê1987 Statutes of Nevada, Page 1409 (Chapter 582, SB 576)ê

 

      2.  The bonds and interest coupons, if any, which are a part of those bonds do not constitute the debt or indebtedness of the state or any city or county within the meaning of any provision or limitation of the constitution of the State of Nevada or of a statute, and do not constitute or give rise to a pecuniary liability of the state or a charge against its general credit or taxing powers. This limitation must be plainly stated on the face of each bond.

      Sec. 25.  1.  The bonds must be authorized by an order of the director, and must:

      (a) Be in the denominations;

      (b) Bear the date or dates;

      (c) Mature at the time or times, not exceeding 40 years after their respective dates;

      (d) Be in the form;

      (e) Be executed in the manner;

      (f) Carry the registration privileges;

      (g) Be payable at the place or places within or without the state; and

      (h) Be subject to the terms of redemption,

which the order authorizing their issue provides.

      2.  The bonds may be sold in one or more series at par, or below or above par, in the manner and for the price or prices which the director determines in his discretion. As an incidental expense to any investment to be financed by the bonds, the director may employ financial and legal consultants in regard to the financing.

      3.  The bonds are fully negotiable under the terms of the Uniform Commercial Code–Investment Securities.

      Sec. 26.  The director shall adopt regulations for:

      1.  Investment and reinvestment of the proceeds designated for the account for venture capital from the sale of bonds, including but not limited to:

      (a) Bonds or other obligations of the United States.

      (b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States.

      (c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States pursuant to authority granted by the Congress of the United States.

      (d) Obligations issued or guaranteed by any state of the United States, or any political subdivision of any state.

      (e) Prime commercial paper.

      (f) Prime finance company paper.

      (g) Bankers’ acceptances drawn on and accepted by commercial banks.

      (h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States or by any person controlled or supervised by and acting as an instrumentality of the United States pursuant to authority granted by the Congress of the United States.


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

ê1987 Statutes of Nevada, Page 1410 (Chapter 582, SB 576)