[Rev. 7/31/2013 4:58:33 PM]

Link to Page 1582

 

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ê1989 Statutes of Nevada, Page 1583 (Chapter 680, AB 796)ê

 

      3.  If a polygraphic examination is given to an officer pursuant to this section, a sound or video recording must be made of the examination, the preliminary interview and the post-examination interview. Before the opinion of the examiner regarding the officer’s veracity may be considered in a disciplinary action, all records, documents and recordings resulting from the examination must be made available for review by one or more examiners licensed or qualified to be licensed in this state who are acceptable to the law enforcement agency and the officer. If the opinion of the reviewing examiners does not agree with the initial examiner’s opinion, the officer must be allowed to be reexamined by an examiner of his choice who is licensed or qualified to be licensed in this state.

      4.  The opinion of the examiner regarding the officer’s veracity may not be considered in a disciplinary action unless the examination was conducted in a manner which complies with the provisions of chapter 648 of NRS. In any event, the law enforcement agency shall not use the examiner’s opinion regarding the veracity of the officer as the sole basis for disciplinary action against the officer.

      5.  If the officer refuses to submit to a polygraphic examination required by this section:

      (a) A law enforcement agency may take disciplinary action against that officer; and

      (b) An investigator may make a notation of the refusal in his report.

      [4.] 6.  Evidence of any refusal by a peace officer to submit to a polygraphic examination required by this section is admissible if introduced by any governmental body or agency in this state at any subsequent hearing, trial or other judicial or administrative proceeding.

 

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ê1989 Statutes of Nevada, Page 1584ê

 

CHAPTER 681, AB 815

Assembly Bill No. 815–Assemblyman Dini

CHAPTER 681

AN ACT relating to taxation; authorizing a refund of money lost by certain counties because of credits for net proceeds issued by the county for the year in which the revenue from the tax on the net proceeds of mines was transferred to the state; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

      whereas, The 64th session of the legislature extensively considered and ultimately proposed a constitutional amendment to permit taxation of the net proceeds of mines separately from the taxation ad valorem of other property, but the increase of the taxes from that source could not occur during the 1987-1989 biennium when the need for that revenue was pressing; and

      whereas, To allow the use of a portion of the anticipated revenue from the tax on the net proceeds of mines for the 1987-1989 biennium, the 64th session of the legislature accelerated the collection of the tax on the net proceeds of mines by requiring estimated payments of the tax and provided for the use by the state of the first accelerated payment of net proceeds as general revenue; and

      whereas, The 64th session of the legislature did not intend to take revenue from any local government in carrying out its plan to accelerate the payment of the tax; and

      whereas, Because of overestimates on the part of some mining companies, two counties were required to issue credits for excess estimated payments for the 1987 calendar year and therefore the sum of the revenue from the net proceeds of mines received by these two counties for the 1987 calendar year plus the revenue from estimated payments for the 1988 calendar year was less than the payments of estimated net proceeds for the 1987 calendar year which were remitted by the counties to the state; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  To reimburse Douglas and Storey counties for the credits they were required to issue to taxpayers as a result of excess estimated payments of the tax on the net proceeds of mines for the 1987 calendar year, the state controller shall transfer the following amounts to the respective county treasurers:

Douglas County....................................................................................................... $28

Storey County................................................................................................... $40,261

      2.  The money transferred pursuant to subsection 1 must be distributed and used in the same manner as the revenue from the tax on the net proceeds of mines collected for the 1987 calendar year.

      Sec. 2.  This act becomes effective on July 1, 1989.

 

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ê1989 Statutes of Nevada, Page 1585ê

 

CHAPTER 682, AB 817

Assembly Bill No. 817–Committee on Government Affairs

CHAPTER 682

AN ACT relating to the City of Henderson; amending the charter to reduce the number of appraisals required for a conveyance of land owned by the city; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 2.320 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 411, is hereby amended to read as follows:

       Sec. 2.320  Sale, lease, exchange of city-owned land: Procedure; disposition of proceeds.

       1.  Subject to the provisions of this section, the city may sell, lease or exchange real property in [the county of Clark, State of] Clark County, Nevada, heretofore or hereafter acquired by the city pursuant to federal law from the United States of America.

       2.  The city [shall] may sell, lease or exchange real property only by resolution. Following the adoption of a resolution to sell, lease or exchange, the city council shall cause a notice of its intention to sell, lease or exchange [such] the real property to be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city. The notice [shall] must be published at least 30 days [prior to] before the date set by the city council for [such] the sale, lease or exchange, and [shall] must state:

       (a) The date, time and place of the proposed sale, lease or exchange.

       (b) The place where and the time within which applications and deposits [shall] may be made by prospective purchasers or lessees.

       (c) Such other information as the city council [may desire.] desires.

       3.  Applications or offers to purchase, lease or exchange pursuant to the notice required in subsection 2 [shall] must be in writing, [shall] must not be accepted by the city council for consideration [prior to] before the publication date, and must be accompanied by a deposit of not less than 1 percent of the total offer to purchase. If a lease, sale or exchange is not consummated, the deposit [shall] must be refunded.

       4.  No lease for a term of 3 years or longer, or sale or exchange of real property, [shall] may be made until after the property has been appraised by [three disinterested appraisers] one disinterested appraiser employed by the city council . [, and all] All leases for a term longer than 3 years, or sales or exchanges, [shall] may only be made at or above the current appraised value as determined by the [appraisers.] appraiser. For the purposes of this section, an appraisal [shall not be] is not considered current if it is more than 3 years old.

       5.  It [shall] must be the policy of the city council to lease, sell and exchange real property in a manner that will result in the maximum benefit accruing to the city from [such] the sales, leases and exchanges .


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ê1989 Statutes of Nevada, Page 1586 (Chapter 682, AB 817)ê

 

benefit accruing to the city from [such] the sales, leases and exchanges . [, and in this regard the] The city council may attach any condition to the sale, lease or exchange as [may appear] appears to the city council to be in the best interests of the city.

       6.  The city council may sell unimproved real property owned by the city on a time payment basis. The down payment [shall] must be in an amount determined by the city council, and the interest rate [shall] must be in an amount determined by the city council, but [shall] must not be less than 6 percent per annum on the declining balance.

       7.  Notwithstanding the provisions of subsection 4, the city council may dispose of any real property belonging to the city to the United States of America, the State of Nevada, Clark County, any other political subdivision of the state, or any quasi-public or non-profit entity for a nominal consideration whenever the public interest requires such a disposition . [; but] In any such case, the consideration [shall] paid must equal the [city’s acquisition cost.] cost of the acquisition to the city.

       8.  Proceeds from all sales and exchanges of city-owned real property, after deduction of the cost of the real property, reasonable costs of publication, title insurance, escrow and normal costs of sale, [shall] must be placed in the land fund [heretofore] previously created by the city in the city treasury and hereby continued. Except as otherwise provided in subsection 9, money in the land fund [shall] may be expended only for:

       (a) Acquisition of fixed assets, which means acquisition of assets of a long-term character which are intended to continue to be held or used, such as land, buildings, machinery, furniture and other equipment.

       (b) Capital improvements of improvements thereon.

       (c) Expenses incurred in the preparation of a long-term comprehensive master planning study and any expenses incurred in the master planning of the city.

       (d) All costs, including salaries, [or] for administration of the land fund, and the land within the city.

       (e) Expenses incurred in making major improvements and repairs to the water, sewer and street systems as differentiated from normal maintenance costs.

[Revenues] Money received from leases of city-owned real property [shall] must be placed in the land fund if the term of lease is 20 years or longer, whether [such] the 20 years is for an initial term of lease or for an initial term and any option for renewal. [Revenue] Money received by the city from all other leases and interest on time payment sales of city-owned real property [shall] must be apportioned in the ratio of 20 percent to current operational expenses of the city, 20 percent to the land fund, and 60 percent divided between the land fund and current operational expenses as [may be] determined by the council.

       9.  If available, [moneys] money in the land fund may be borrowed by the city [by an emergency loan effected] pursuant to the provisions of NRS [354.410] 354.430 to 354.460, inclusive, as amended from time to time.


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ê1989 Statutes of Nevada, Page 1587 (Chapter 682, AB 817)ê

 

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

 

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CHAPTER 683, AB 859

Assembly Bill No. 859–Committee on Government Affairs

CHAPTER 683

AN ACT relating to state employees; revising provisions concerning a request for a hearing by a state employee who is transferred, dismissed, demoted or suspended; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 284.376 is hereby amended to read as follows:

      284.376  1.  Within 10 working days after the effective date of [a] his transfer pursuant to the provisions of NRS 284.375, a permanent classified employee who has been transferred without his consent may request in writing a hearing before the hearing officer of the department to determine whether the transfer was made for the purpose of harassing the employee. The request may be made by mail and shall be deemed timely if it is postmarked within 10 working days after the effective date of the employee’s transfer. The hearing must be conducted in accordance with the procedures set forth in NRS 284.390 to 284.405, inclusive.

      2.  If the hearing officer determines that the transfer was made for the purpose of harassing the employee, the transfer must be set aside and the employee must be returned to his former position. If the transfer caused the employee to be away from his original headquarters, the employee is entitled to be paid expense allowances as provided in NRS 281.160 for the period the transfer was in effect.

      3.  The decision of the hearing officer is binding on the parties.

      Sec. 2.  NRS 284.390 is hereby amended to read as follows:

      284.390  1.  Within 10 working days after the effective date of [a] his dismissal, demotion or suspension pursuant to NRS 284.385, an employee who has been dismissed, demoted or suspended may request in writing a hearing before the hearing officer of the department to determine the reasonableness of the action. [If an employee utilizes an internal grievance adjustment procedure adopted by the commission, he has 10 working days following the final disposition of the internal proceeding to request, in writing, a hearing before the hearing officer.] The request may be made by mail and shall be deemed timely if it is postmarked within 10 working days after the effective date of the employee’s dismissal, demotion or suspension.

      2.  The hearing officer shall grant the employee a hearing within 20 working days after receipt of the employee’s written request unless the time limitation is waived, in writing, by the employee or there is a conflict with the hearing calendar of the hearing officer, in which case the hearing must be scheduled for the earliest possible date after the expiration of the 20 days.


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ê1989 Statutes of Nevada, Page 1588 (Chapter 683, AB 859)ê

 

      3.  Technical rules of evidence do not apply at the hearing.

      4.  After the hearing and consideration of the evidence, the hearing officer shall render his decision in writing, setting forth the reasons therefor.

      5.  If the hearing officer determines that the dismissal, demotion or suspension was without just cause as provided in NRS 284.385, the action must be set aside and the employee must be reinstated, with full pay for the period of dismissal, demotion or suspension.

      6.  The decision of the hearing officer is binding on the parties.

      7.  Any petition for judicial review of the decision of the hearing officer must be filed within 30 working days after service of the decision.

 

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CHAPTER 684, AB 895

Assembly Bill No. 895–Assemblymen Brookman, Freeman, Gibbons, Bogaert, Price, Thompson, Spinello and Callister

CHAPTER 684

AN ACT relating to the state militia; repealing the provision exempting certain persons from service in the militia; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 412.028 is hereby repealed.

 

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CHAPTER 685, AB 941

Assembly Bill No. 941–Committee on Ways and Means

CHAPTER 685

AN ACT making an appropriation to and authorizing certain expenditures by the division of state parks of the state department of conservation and natural resources for capital improvements and land acquisition in parks, recreational areas and historical monuments; extending the time for repayment and reversion of money previously appropriated; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the state general fund to the division of state parks of the state department of conservation and natural resources the sum of $2,359,215 for capital improvements and land acquisition in parks, recreational areas and historical monuments. This money must be used as follows:

      (a) Berlin-Ichthyosaur State Park, $45,000.

      (b) Cave Lake State Park, $296,000.


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ê1989 Statutes of Nevada, Page 1589 (Chapter 685, AB 941)ê

 

      (c) Echo Canyon State Park, $135,000.

      (d) Fort Churchill Historical State Monument, $245,000.

      (e) Kershaw Canyon-Ryan State Park, $40,000.

      (f) Lake Tahoe Nevada State Park, $295,000.

      (g) Mormon Station Historical State Monument, $10,000.

      (h) Rye Patch State Recreation Area, $110,000.

      (i) South Fork State Recreation Area, $110,000.

      (j) Spring Mountain Ranch State Park, $8,500.

      (k) Spring Valley State Park, $60,000.

      (l) Boulder Dam-Valley of Fire State Park, $804,715.

      (m) Washoe Lake, $200,000.

      2.  The division is authorized to use $280,000 of the unobligated bonds issued for the construction of South Fork Reservoir for capital improvements thereto.

      Sec. 2.  Money made available by the Federal Government for the conservation of land or water may be used to supplement the appropriation made by section 1 of this act and expended in the following amounts for capital improvements at the following facilities:

      1.  Mormon Station Historical State Monument, $10,000.

      2.  Boulder Dam-Valley of Fire State Park, $100,785.

      Sec. 3.  If a permissible expenditure is not sufficient to allow the completion of a project, the interim finance committee, upon request by the division of state parks of the state department of conservation of natural resources, may increase the permissible expenditure for the project and correspondingly reduce the permissible expenditure for one or more other projects.

      Sec. 4.  The division of state parks of the state department of conservation and natural resources may temporarily borrow a portion of the appropriation made by section 1 of this act to provide money for use in accordance with the division’s budget for planning and development. Any such money borrowed:

      1.  Before or during the fiscal year 1989-90 must be repaid no later than June 30, 1990.

      2.  During the fiscal year 1990-91 must be repaid no later than June 30, 1991.

      Sec. 5.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 6.  Sections 3 and 4 of chapter 383 of Statutes of Nevada 1987, at page 898, are hereby amended to read respectively as follows:

       Sec. 3.  The Division of State Parks may temporarily borrow a portion of the appropriation made by section 1 of this act to provide money for use in accordance with the division’s budget for planning and development. Any money borrowed before or during the fiscal year 1987-88 must be repaid no later than June 30, 1988. Any such money borrowed during the fiscal year 1988-89 must be repaid no later than June 30, 1989 [.] , except that any money borrowed during that fiscal year from the appropriation made by subsection 6 of section 1 of this act must be repaid no later than June 30, 1991.


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ê1989 Statutes of Nevada, Page 1590 (Chapter 685, AB 941)ê

 

       Sec. 4.  [Any] Except as otherwise provided in this section, any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1989, and reverts to the state general fund as soon as all payments of money committed have been made. Any remaining balance of the appropriation made by subsection 6 of section 1 of this act must not be committed for expenditure after June 30, 1991.

      Sec. 7.  This act becomes effective upon passage and approval.

 

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CHAPTER 686, SB 227

Senate Bill No. 227–Committee on Finance

CHAPTER 686

AN ACT making an appropriation to the Supreme Court for sponsoring conferences for chief justices and court administrators; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the Supreme Court of Nevada, account No. 1494, the sum of $35,000 for the planning and sponsoring of the Conference of Chief Justices and Conference of State Court Administrators to be held from July 30 through August 4, 1989.

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

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

 

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ê1989 Statutes of Nevada, Page 1591ê

 

CHAPTER 687, SB 243

Senate Bill No. 243–Committee on Government Affairs

CHAPTER 687

AN ACT relating to elections; authorizing a voter to demand a recount of the vote for a ballot question; providing for payment of the costs of the recount; prohibiting a second recount of the same district; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 293.403 is hereby amended to read as follows:

      293.403  1.  After the canvass of the vote in any election, any candidate defeated at the election may demand and receive a recount of the vote for the office for which he is a candidate if within 5 days after the certification of the abstract of votes:

      (a) He makes his demand to the officer with whom he filed his declaration or acceptance of candidacy; and

      (b) He deposits in advance the estimated costs of the recount with that officer.

      2.  After the canvass of the vote in any election, any voter at the election may demand and receive a recount of the vote for a ballot question if within 5 days after the certification of the abstract of votes:

      (a) He makes his demand to:

             (1) The secretary of state, if the demand is for a recount of a ballot question affecting more than one county; or

             (2) The county or city clerk who will conduct the recount, if the demand is for a recount of a ballot question affecting only one county or city; and

      (b) He deposits in advance the estimated costs of the recount with the person to whom he made his demand.

      3.  The estimated costs of the recount must be determined by the [officer] person with whom the advance is deposited based on regulations adopted by the secretary of state defining the term “costs.”

      [2.] 4.  As used in this section, “canvass” means:

      (a) In any primary election, the canvass by the board of county commissioners of the returns for a candidate or ballot question voted for in one county or the canvass by the board of county commissioners last completing its canvass of the returns for a candidate or ballot question voted for in more than one county.

      (b) In any primary city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.

      (c) In any general election:

             (1) The canvass by the supreme court of the returns for a candidate for a statewide office [;] or a statewide ballot question; or

             (2) The canvass of the board of county commissioners of the returns for any other candidate [,] or ballot question, as provided in paragraph (a).

      (d) In any general city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.


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ê1989 Statutes of Nevada, Page 1592 (Chapter 687, SB 243)ê

 

      Sec. 2.  NRS 293.404 is hereby amended to read as follows:

      293.404  1.  Where a recount is demanded pursuant to the provisions of NRS 293.403, the:

      (a) County clerk of each county affected by the recount shall employ a recount board to conduct the recount in the county, and shall act as chairman of the recount board unless the recount is for the office of county clerk, in which case the chairman of the board of county commissioners shall act as chairman of the recount board. At least one member of the board of county commissioners must be present at the recount.

      (b) City clerk shall employ a recount board to conduct the recount in the city, and shall act as chairman of the recount board unless the recount is for the office of city clerk, in which case the mayor of the city shall act as chairman of the recount board. At least one member of the city council must be present at the recount.

Each candidate for the office affected by the recount and the voter who demanded the recount, if any, may be present in person or by an authorized representative, but may not be a member of the recount board.

      2.  Except in counties or cities using a mechanical voting system, the recount must include a count and inspection of all ballots, including rejected ballots, and must determine whether those ballots are marked as required by law.

      3.  If a recount is demanded in a county or city using a mechanical voting system, the [county or city clerk] person who demanded the recount shall select [at random] the ballots for the office or ballot question affected from 5 percent of the precincts, but in no case fewer than three precincts, after consultation with each candidate for the office or his authorized representative. The recount board shall examine the selected ballots, including any duplicate or rejected ballots, shall determine whether the ballots have been voted in accordance with this Title and shall count the valid ballots by hand. A recount by computer must be made of all the selected ballots. If the count of the selected ballots or the recount shows a discrepancy of 1 percent or more for either candidate , or in favor of or against a ballot question, from the original canvass of the returns, the county or city clerk shall order a count by hand of all the ballots for that office. If there is not a discrepancy of 1 percent or more , [for any candidate,] the county or city clerk shall not order such a count, but shall order a recount by computer of all the ballots for the office.

      4.  The county or city clerk shall unseal and give to the recount board all ballots to be counted.

      5.  In the case of a demand for a recount affecting more than one county, the demand must be made to the secretary of state, who shall notify the county clerks to proceed with the recount.

      Sec. 3.  NRS 293.405 is hereby amended to read as follows:

      293.405  1.  If the [candidate] person who demanded the recount does not prevail, and it is found that the sum deposited was less than the cost of the recount, the [candidate] person shall, upon demand, pay the deficiency to the county clerk, city clerk or secretary of state, as the case may be. If the sum deposited is in excess of the cost, the excess must be refunded to him.


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ê1989 Statutes of Nevada, Page 1593 (Chapter 687, SB 243)ê

 

      2.  If the [candidate] person who demanded the recount prevails, the sum deposited with the secretary of state, county clerk or city clerk must be refunded to the [candidate] person and the cost of the recount must be paid as follows:

      (a) If the recount concerns an office or ballot question for which voting is not statewide, the cost must be borne by the county or city which conducted the recount.

      (b) If the recount concerns an office or ballot question for which voting is statewide, the clerk of the county shall submit a statement of its costs in the recount to the secretary of state for review and approval. The secretary of state shall submit the statements to the state board of examiners, which shall repay the allowable costs from the reserve for statutory contingency fund to the respective counties.

      3.  Each recount must be commenced within 5 days after demand, and must be completed within 5 days after it is begun. Sundays and holidays must not be excluded in determining each 5-day period.

      4.  After the recount of a precinct is completed, that precinct must not be subject to another recount for the same office or ballot question at the same election.

 

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CHAPTER 688, SB 258

Senate Bill No. 258–Committee on Commerce and Labor

CHAPTER 688

AN ACT relating to industrial insurance; changing the amount of an administrative fine which may be imposed against an insurer or employer; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616.647 is hereby amended to read as follows:

      616.647  1.  If the administrator has reason to believe than an insurer or employer has:

      (a) Induced a claimant for compensation to fail to report an accidental injury or occupational disease;

      (b) Persuaded a claimant to settle for an amount which is less than reasonable;

      (c) Persuaded a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending;

      (d) Persuaded a claimant to accept less than the compensation found to be due him by a hearing officer or appeals officer;

      (e) Refused to pay or unreasonably delayed payment to a claimant of compensation found to be due him by a hearing officer or appeals officer;


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ê1989 Statutes of Nevada, Page 1594 (Chapter 688, SB 258)ê

 

      (f) Made it necessary for a claimant to resort to proceedings against the employer or insurer for compensation found to be due him by a hearing officer or appeals officer;

      (g) [Intentionally or repeatedly failed] Failed to comply with [department] regulations of the department for the acceptance and rejection of claims, determination and calculation of a claimant’s average monthly wage, determination and payment of compensation, delivery of accident benefits and reporting related to these matters; or

      (h) Failed to comply with the department’s regulations covering the payment of an assessment relating to the funding of costs of administration of this chapter and chapter 617 of NRS,

the administrator shall set a date for a hearing. The date must be no sooner than 30 days after notice is served upon the insurer or employer of the alleged action and the time and place of the hearing.

      2.  If, after an evidentiary hearing, the administrator determines that the insurer or employer has committed the alleged act, the administrator may impose an administrative fine [not to exceed $500 for each such action.] of:

      (a) Not more than $100 for each initial act in violation of paragraph (g) of subsection 1 which was not intentional;

      (b) Not more than $1,000 for each intentional or repeated act in violation of paragraph (g) of subsection 1; or

      (c) Not more than $1,000 for each act in violation of any other provisions of subsection 1.

      3.  A record of the hearing must be kept but it need not be transcribed unless it is requested by the insurer or employer and he pays the cost of transcription.

      4.  Two or more fines of [$500] $1,000 levied by the administrator in 1 year for acts enumerated in subsection 1 must be considered by the commissioner as evidence for the possible revocation of a certificate of self-insurance.

      5.  The commissioner may withdraw the certification of a self-insured employer if, after a hearing, it is shown that the self-insured employer [committed any of the acts enumerated in] :

      (a) Intentionally or repeatedly committed any of the acts enumerated in paragraph (g) of subsection 1; or

      (b) Committed any acts in violation of any other provisions of subsection 1.

 

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ê1989 Statutes of Nevada, Page 1595ê

 

CHAPTER 689, SB 287

Senate Bill No. 287–Senator Jacobsen

CHAPTER 689

AN ACT relating to mining; requiring that certain filing and administrative fees be paid directly to the department of minerals for deposit with the state treasurer; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 517.185 is hereby amended to read as follows:

      517.185  Each filing pursuant to NRS 517.050, 517.080, 517.110, 517.140, 517.170, 517.200 and 517.230 must be submitted with a fee of $0.75 per claim. The county recorder shall collect the fee and quarterly pay the money collected to the department of minerals. The department shall deposit with the state treasurer , for [deposit in the state treasury to the credit of] credit to the fund for the department of minerals [.] , all money received pursuant to this section.

      Sec. 2.  NRS 522.150 is hereby amended to read as follows:

      522.150  1.  Any expenses in connection with Nevada’s affiliation with the Interstate Oil Compact Commission must be paid from the fund for the department of minerals.

      2.  To pay the expenses of the department, every producer of oil or natural gas in this state shall on or before the last day of each month report to the department and to the state treasurer his production in this state of oil in barrels and of natural gas in thousands of cubic feet during the preceding month, and at the same time shall pay to the [state treasurer] department an administrative fee on each barrel of oil and on every 50,000 cubic feet of natural gas produced and marketed by him during the preceding month. The department shall deposit with the state treasurer, for credit to the fund for the department of minerals, all money received pursuant to this subsection. Every person purchasing such oil or natural gas is liable for the payment of the administrative fee per barrel of oil per 50,000 cubic feet of natural gas, unless it has been paid by the producer. The administrative fee is 50 mills per barrel of oil or per 50,000 cubic feet of natural gas.

 

________


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

ê1989 Statutes of Nevada, Page 1596ê

 

CHAPTER 690, SB 307

Senate Bill No. 307–Committee on Taxation

CHAPTER 690

AN ACT relating to the tax on special fuels; reducing the rate of the tax on compressed natural gas; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  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 20 cents per gallon on the sale or use of special fuels.

      2.  A tax is hereby imposed at the rate of 18 cents per gallon on the sale or use of compressed natural gas.

      Sec. 2.  This act becomes effective as 12:01 a.m. on July 1, 1989.

 

________

 

 

CHAPTER 691, SB 310

Senate Bill No. 310–Committee on Government Affairs

CHAPTER 691

AN ACT relating to handicapped persons; limiting the frequency of required reports of proposed construction or remodeling by certain airports for the purpose of planning the operation of vending stands by blind persons; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 426.660 is hereby amended to read as follows:

      426.660  To effectuate further the purposes of NRS 426.630 to 426.720, inclusive, when new construction, remodeling, leasing, acquisition or improvement of public buildings or properties is authorized, consideration [shall] must be given to planning and making available suitable space and facilities for vending stands to be operated by blind persons. [Within 30 days after the commencement of the planning and design of any such project, written notice shall] Written notice must be given to the bureau by the person or agency having charge of [such] the planning and design [.] of any such project:

      1.  At least once each year in the case of projects proposed for a municipal airport or air navigation facilities owned or operated under the provisions of chapter 496 of NRS or an airport owned or operated by the Airport Authority of Washoe County.


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

ê1989 Statutes of Nevada, Page 1597 (Chapter 691, SB 310)ê

 

      2.  Within 30 days after the commencement of the planning and design of the project for all other projects.

 

________

 

 

CHAPTER 692, SB 353

Senate Bill No. 353–Committee on Taxation

CHAPTER 692

AN ACT relating to taxes on tobacco; repealing the provision imposing a special penalty for delinquent payment of the use tax on cigarettes; changing the basis for calculating certain credits; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 370.400 is hereby amended to read as follows:

      370.400  Any person who:

      1.  Willfully fails, neglects or refuses to make any report required by NRS 370.350 [, 370.360 or 370.370,] or 370.360, or required by rules and regulations lawfully promulgated under the provisions of NRS 370.350 [, 370.360 or 370.370;] or 370.360; or

      2.  Knowingly makes any false statement in any such report,

[shall be] is guilty of a misdemeanor.

      Sec. 2.  NRS 370.490 is hereby amended to read as follows:

      370.490  1.  The department shall allow a credit of 30 percent of the [tax imposed pursuant to NRS 370.450,] wholesale price, less a discount of 2 percent for the services rendered in collecting the tax, for products made from tobacco, other than cigarettes, [which] that may no longer be sold. If [such] the products have been purchased and delivered, a [manufacturer’s] credit memo of the manufacturer is required for proof of returned merchandise.

      2.  A credit must also be granted for [such products] any products made from tobacco, other than cigarettes, shipped from [the State of Nevada] this state and destined for retail sale and consumption outside the state on which the tax has previously been paid. A duplicate or copy of the invoice is required for proof of the sale outside the state.

      3.  A wholesale dealer may claim a credit by filing with the department the proof required by this section. The claim must be made on a form prescribed by the department.

      Sec. 3.  NRS 370.370 is hereby repealed.

 

________


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

ê1989 Statutes of Nevada, Page 1598ê

 

CHAPTER 693, SB 430

Senate Bill No. 430–Senator Jacobsen

CHAPTER 693

AN ACT relating to general improvement districts; authorizing the board of trustees of a general improvement district created wholly or in part to furnish electric light and power to annex property to the district upon the petition of certain owners of real property; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 318 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  Territory may be annexed to a district created wholly or in part to furnish electric light and power pursuant to sections 2 to 11, inclusive, of this act.

      Sec. 3.  1.  The boundaries of a district created wholly or in part to furnish electric light and power may be enlarged by the inclusion of additional real property by a petition, if the real property is capable of being served with the facilities of the district and the petition:

      (a) Prays that the additional real property be included in the district;

      (b) Is signed by at least 75 percent of the owners in fee of the real property in the territory; and

      (c) Is filed with the board of trustees of the district.

      2.  The boundaries of any district expanded pursuant to the provisions of sections 2 to 11, inclusive, of this act, must not include any territory of any incorporated city unless the governing body of the incorporated city has approved the annexation of that territory.

      Sec. 4.  The petition must:

      1.  Set forth a general description of the proposed boundaries of the district or of the territory proposed to be included within the district, with such certainty as to enable an owner of property to determine whether his property is within the district.

      2.  State that the person signing the petition assent to the inclusion of the property in the district and that 75 percent or more of the owners in fee of the real property in the territory proposed to be included in the district have signed the petition.

      3.  State that the property sought to be included is not within the boundaries of any other district, town, municipality or public utility which provides the same service as the district into which petitioners seek to be included.

      4.  State that the petitioners acknowledge that:

      (a) After the date of inclusion of the real property in the district, it is subject to all of the taxes and charges imposed by the district and is liable for its proportionate share of existing general obligation bonded indebtedness of the district;

      (b) The property is not liable for any taxes or charges levied or assessed before its inclusion in the district;

      (c) Entry of the property into the district may not be subject to or contingent upon the payment or assumption of any penalty, toll or charge, other than any reasonable annexation charge which the board may fix and uniformly assess and the tolls and charges which are uniformly made, assessed or levied for the entire district; and

 


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

ê1989 Statutes of Nevada, Page 1599 (Chapter 693, SB 430)ê

 

than any reasonable annexation charge which the board may fix and uniformly assess and the tolls and charges which are uniformly made, assessed or levied for the entire district; and

      (d) Any charge imposed must be computed in a manner that does not impose a new charge on the members of the district and must not penalize the members of the territory to be annexed.

      5.  Be acknowledged in the same manner required for a conveyance of land.

      Sec. 5.  After consideration of the petition by the board there may be no withdrawal from the petition and no objections to the petition may be filed except an objection of fraud or misrepresentation.

      Sec. 6.  The board shall hear the petition at an open meeting after publishing notice of the petition at least 10 days before the meeting in a newspaper of general circulation published in the county or counties in which the territory proposed to be annexed to the district is located. The notice must include notice of the place, date and time of the meeting and the names and addresses of the petitioners. At the time designated in the notice, the board shall conduct a hearing on the petition which is open to the public and any person interested may be heard.

      Sec. 7.  1.  After conducting a hearing on the petition, the board, in its discretion, shall determine whether to grant or deny the petition. If the petition is granted as to all or any of the real property, the board shall make an order altering the boundaries of the district by annexing to it the territory described in the petition or as modified by the determination of the board.

      2.  Within 30 days after the effective date of any order made pursuant to subsection 1, the county clerk shall file a copy of the order in his office and shall cause to be filed an additional copy of the order in the office of the secretary of state. The secretary of state shall not impose a fee for filing the order and shall file the order in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.

      Sec. 8.  1.  If the costs of extending the facilities of the district are paid by the property owners of the area to be included within the district, these property owners are entitled to receive any money charged and collected by the district when additional property owners utilize the facilities which were extended.

      2.  The board of trustees of the district shall pay to the property owners who have paid the cost of extending the facilities, pro rata shares of any money charged and collected by the district when additional property owners utilize the facilities which were extended.

      Sec. 9.  After the date of its inclusion in a district created wholly or in part to furnish electric light and power, the real property is subject to all of the taxes and charges imposed by the district and is liable for its proportionate share of existing general obligation bonded indebtedness of the district. The property is not liable for any taxes or charges levied or assessed before its inclusion in the district. Entry of the property into the district may not be subject to or contingent upon the payment or assumption of any penalty, toll or charge, other than any reasonable annexation charge which the board may fix and uniformly assess and the tolls and charges which are uniformly made, assessed or levied for the entire district.


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

ê1989 Statutes of Nevada, Page 1600 (Chapter 693, SB 430)ê

 

assessed or levied for the entire district. Any charge imposed must be computed in a manner that does not impose a new charge on the members of the district and must not penalize the members of the territory to be annexed.

      Sec. 10.  When any petition for the inclusion of property into a district created wholly or in part to furnish electric light and power is denied, the petitioner may appeal the denial to the board of county commissioners of the county in which the district is located. The board of county commissioners shall review the denial and may, in its discretion and upon a finding that inclusion would be in the best interests of the district and the petitioners, order that the property be included in the district.

      Sec. 11.  Any party aggrieved by a final decision of the board of county commissioners pursuant to section 10 of this act may obtain judicial review of the decision, as if the board of county commissioners were a state agency, in the manner provided by NRS 233B.130, 233B.140 and 233B.150.

 

________

 

 

CHAPTER 694, SB 443

Senate Bill No. 443–Committee on Commerce and Labor

CHAPTER 694

AN ACT relating to accountants; removing requirement of liability insurance for accounting corporations; allowing licensing of nonresidents; clarifying the fees charged by the Nevada state board of accountancy; providing for waiver of certain requirements for certification; prohibiting licensees from paying or accepting commissions; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 628 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  A person engaged in the practice of public accounting shall not:

      (a) Pay a commission to obtain a client; or

      (b) Accept a commission for a referral to a client of the products or services of another.

      2.  This section does not prohibit payments for:

      (a) The purchase of an accounting practice; or

      (b) Retirement,

to a person presently or formerly engaged in the practice of public accounting or to his heirs or estate.

      Sec. 3.  The board may grant a waiver of the requirement of subsection 4 of NRS 628.190 if the applicant:

      1.  Is a holder of a certificate as a certified public accountant from another state or jurisdiction of the United States;

      2.  Has practiced as a certified public accountant for more than 10 years; and


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

ê1989 Statutes of Nevada, Page 1601 (Chapter 694, SB 443)ê

 

      3.  Has passed an examination that is substantially the same as the examination required pursuant to subsection 4 of NRS 628.190 as a condition of certification pursuant to subsection 1 of this section.

      Sec. 4.  NRS 628.160 is hereby amended to read as follows:

      628.160  1.  The board may promulgate and amend rules of professional conduct appropriate to establish and maintain a high standard of quality, integrity and dignity in the profession of public accountancy.

      2.  At least 60 days [prior to] before the promulgation of any such rule or amendment, the board shall mail copies of the proposed rule or amendment to each holder of a live permit issued under NRS 628.380, to the address shown in the records of the board, together with a notice advising him of the date, time and place of the hearing on the proposed rule or amendment and the proposed effective date of the rule or amendment, and requesting that he submit his comments thereon at least 15 days before the hearing. The comments are advisory only. Failure by inadvertence or error to mail the rule, amendment or notice to each holder of a permit does not affect the validity of any rule or amendment if the board has made an effort in good faith to mail the notice to all holders of permits.

      3.  The board may adopt regulations concerning the professional conduct of corporations and partnerships practicing certified public accounting or public accounting which it deems consistent with or required by the public welfare, including regulations:

      (a) Governing the style, name and title of such corporations and partnerships.

      (b) Governing the affiliation of such corporations and partnerships with any other organizations.

      [(c) Providing for joint and several liability of the shareholders of such corporations for corporate torts relating to professional services unless a corporation maintains liability insurance or unimpaired capital deemed reasonably sufficient by the board to protect the interest of clients and the public.]

      Sec. 5.  NRS 628.170 is hereby amended to read as follows:

      628.170  [1.  The board shall appoint committees to investigate grievances consisting of one or more certified public accountants having the qualifications set forth in NRS 628.190 to 628.310, inclusive, and if there are ten or more practicing registered public accountants, one or more registered public accountants, having the qualifications set forth in NRS 628.350.

      2.  The committees to investigate grievances shall work as standing committees or through subcommittees and with such additional members as the board may determine are required from time to time to perform the assigned work of the committee. The board in its discretion may determine:

      (a) The total number of members, their terms or special assignments;

      (b) The number of certified public accountants and the number of registered public accountants which constitute the committee; and

      (c) Whether or not a member is appointed to a standing committee, to a subcommittee or to a special assignment.

      3.  Each member of a committee to investigate grievances must hold a live permit and be actively engaged in the practice of public accounting in this state. The board shall remove from a committee any member whose permit to practice is void or has been revoked or suspended.


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

ê1989 Statutes of Nevada, Page 1602 (Chapter 694, SB 443)ê

 

practice is void or has been revoked or suspended. The board may remove any member of a committee for neglect of duty or other just cause.

      4.  Each member of a committee may be compensated for each day or portion thereof spend in the discharge of his official duties while in attendance at regularly called meetings or hearings of the board, not to exceed $100 per day, and is entitled to be reimbursed for his actual and necessary expenses incurred in the discharge of his official duties.

      5.  The board may adopt regulations for the orderly conduct of the affairs of the committees.

      6.  The board shall assign one of its members who is an accountant to participate in the investigation of each case and to present the case to the board. The board may assign one member to each committee or one member to several or all committees. A member assigned to participate in an investigation or presentation of a case may not participate in the deliberations of the board or its decision or adjudication of the case.

      7.  Upon assignment by the board the committees shall:

      (a) Make investigations respecting the conduct of certified public accountants, registered public accountants and corporations and partnerships of accountants who may have been guilty of violations for which the board might suspend or revoke their certificates, registrations or permits, and investigate applications of accountants and corporations and partnerships of accountants for reinstatement. The committee shall forward the report of its investigation to the member of the board assigned to the case, and the member shall present it to the board with his recommendation.

      (b) Make any other investigations relating to any matter involving any violation or alleged violation of this chapter or relating to the board’s administration or enforcement of this chapter.] The board may by regulation establish committees to assist in the management of its affairs and in the investigation of grievances.

      Sec. 6.  NRS 628.190 is hereby amended to read as follows:

      628.190  The certificate of certified public accountant must be granted by the board to any person who:

      1.  Is a resident of this state or [is a member of a corporation or partnership registered in this state which practices public accounting and which has an office in the state, or is regularly employed in that office;] , if not a resident, has designated to the board an agent who is a resident for notification and service of process;

      2.  Is a person of fiscal integrity who is without any history of acts involving dishonesty or moral turpitude;

      3.  Meets the requirements of education and experience as provided in NRS 628.200; and

      4.  Has passed a written examination selected by the board in theory of accounts, in accounting practice, in auditing, in commercial law as affecting public accounting, and in such other related subjects as the board shall determine to be appropriate.

      Sec. 7.  NRS 628.250 is hereby amended to read as follows:

      628.250  A candidate for the certificate of certified public accountant who has successfully completed the examination required by NRS 628.190 has no status as a certified public accountant until he has the requisite experience and has received his certificate as a certified public accountant.


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

ê1989 Statutes of Nevada, Page 1603 (Chapter 694, SB 443)ê

 

has received his certificate as a certified public accountant. The board may establish a fee for issuing a certificate [in an amount set in a regulation] and a fee for the evaluation of experience in amounts set in regulations adopted by the board.

      Sec. 8.  NRS 628.386 is hereby amended to read as follows:

      628.386  1.  The board may by regulation prescribe, amend or repeal rules , including , but not limited to:

      (a) A definition of basic requirements for continuing education;

      (b) A delineation of qualifying programs; [and]

      (c) A system of control and reporting [.] ; and

      (d) A program to ensure that licensees are maintaining the standards of the profession.

      2.  In exercising its power under this section, the board shall establish standards which will assure reasonable currency of knowledge as a basis for a high standard of practice by certified public accountants and registered public accountants. The standards must be established in a manner to assure that a variety of alternatives are available to certificate holders and registrants to comply with the requirements of continuing education for renewal of permits and must take cognizance of specialized areas of practice.

      Sec. 9.  NRS 628.390 is hereby amended to read as follows:

      628.390  1.  After giving notice and conducting a hearing, the board may revoke, or may suspend for a period of not more than 5 years, any certificate issued under NRS 628.190 to 628.310, inclusive, any registration or license granted to a registered public accountant under NRS 628.350, or any registration of a partnership, corporation or office, or may revoke, suspend or refuse to renew any permit issued under NRS 628.380, or may censure the holder of any permit, for any one or any combination of the following causes:

      (a) Fraud or deceit in obtaining a certificate as certified public accountant, or in obtaining registration or a license as a public accountant under this chapter, or in obtaining a permit to practice public accounting under this chapter.

      (b) Dishonesty, fraud or gross negligence by a certified or registered public accountant in the practice of public accounting or, if not in the practice of public accounting, of a kind which adversely affects the ability to perform public accounting.

      (c) Violation of any of the provisions of this chapter.

      (d) Violation of a regulation or rule of professional conduct adopted by the board under the authority granted by this chapter.

      (e) Conviction of a felony under the laws of any state or of the United States.

      (f) Conviction of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States.

      (g) Cancellation, revocation, suspension or refusal to renew authority to practice as a certified public accountant or a registered public accountant by any other state, for any cause other than failure to pay an annual registration fee or to comply with requirements for continuing education or review of his practice in the other state.

      (h) Suspension or revocation of the right to practice before any state or federal agency.


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

ê1989 Statutes of Nevada, Page 1604 (Chapter 694, SB 443)ê

 

      (i) Unless the person has been placed on inactive or retired status, failure to obtain an annual permit under NRS 628.380, within:

             (1) [Three years] One year after the expiration date of the permit to practice last obtained or renewed by the certificate holder or registrant; or

             (2) [Three years] One year after the date upon which the certificate holder or registrant was granted his certificate or registration, if no permit was ever issued to him, unless the failure has been exhausted by the board.

      (j) Conduct discreditable to the profession of public accounting or which reflects adversely upon the fitness of the person to engage in the practice of public accounting.

      2.  In addition to other penalties prescribed by this section, the board may impose a civil penalty of not more than $1,000. The board may recover [attorney’s fees and court costs for its recovery.] :

      (a) Costs incurred in respect to a hearing held pursuant to subsection 1 from a licensee if he is found in violation thereof; and

      (b) Attorney’s fees and costs incurred in the recovery of a civil penalty imposed.

      Sec. 10.  NRS 628.410 is hereby amended to read as follows:

      628.410  1.  The board may initiate proceedings under this chapter either on its own motion or on the complaint of any person.

      2.  A written notice of the hearing must be served on the respondent not less than 30 days before the date of the hearing, either personally or by mailing a copy thereof by registered or certified mail to the address of the respondent last known to the board.

      3.  If, after having been served with the notice of hearing, the respondent fails to appear at the hearing and defend, the board may proceed to hear evidence against him and may enter such order as is justified by the evidence. The order is final unless the respondent petitions for a review thereof. Within 30 days after the date of any order, upon a showing of good cause for failing to appear and defend, the board may reopen the proceedings and may permit the respondent to submit evidence in his behalf.

      4.  At any hearing a [corporation] respondent may be represented before the board by counsel or by [a shareholder who is] a certified public accountant or registered public accountant of this state in good standing. The respondent is entitled, on application to the board, to the issuance of subpenas to compel the attendance of witnesses on his behalf.

      5.  The board, or any member thereof, may issue subpenas to compel the attendance of witnesses and the production of documents. In case of disobedience to a subpena the board may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of documentary evidence.

      6.  A hearing may be conducted by:

      (a) The board, less any member or members who have been disqualified, without the appointment of persons to hear the case in place of the disqualified members; or

      (b) A member of the board appointed by the board as a hearing officer, with the remaining members of the board, less any member or members who have been disqualified, to review the record, make a final decision and issue the order, unless the board, after disqualifications, consists of less than three members to hear or review the case, in which circumstance the governor must appoint one or more qualified persons so that the panel which hears or reviews the case consists of at least three persons.


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

ê1989 Statutes of Nevada, Page 1605 (Chapter 694, SB 443)ê

 

unless the board, after disqualifications, consists of less than three members to hear or review the case, in which circumstance the governor must appoint one or more qualified persons so that the panel which hears or reviews the case consists of at least three persons.

      7.  A stenographic record of the hearing must be kept and a transcript thereof filed with the board.

      8.  At all hearings the attorney general or one of his deputies designated by him or such other legal counsel as may be employed shall appear and represent the board.

      9.  The decision of the board must be by majority vote thereof.

      Sec. 11.  NRS 628.415 is hereby amended to read as follows:

      628.415  1.  Any disciplinary action taken by a hearing officer or panel pursuant to NRS 628.140 is subject to the same procedural requirements which apply to disciplinary actions taken by the board, and the officer or panel has those powers and duties given to the board in relation thereto.

      2.  A decision of the hearing officer or panel relating to the imposition of a civil penalty, [court] costs and attorney’s fees is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to place a certified or registered public accountant on probation or revoke or suspend a certificate, permit, registration or license may appeal that decision to the board.

      Sec. 12.  NRS 628.440 is hereby amended to read as follows:

      628.440  1.  Nothing contained in this chapter prohibits any person from serving as an employee of, or an assistant to, a certified public accountant or registered public accountant who holds a live permit, or partnership or corporation composed of certified public accountants or registered public accountants registered pursuant to NRS 628.340 and 628.360 if the employee or assistant does not issue any accounting or financial statement over his name.

      2.  The board may adopt regulations providing for the issuance of temporary permits to persons who do not hold live permits and do not have a registered office or residence in this state, or to partnerships and corporations which are not registered and have no registered office, to permit those persons, partnerships and corporations to fulfill specific engagements or employments in this state. A temporary permit:

      (a) Is valid for no more than 6 months;

      (b) Covers only one engagement; and

      (c) May not be issued to any person unless he is a certified public accountant or registered public accountant of another state or jurisdiction of the United States approved by the board, or to any partnership or corporation unless all of the partners or shareholders thereof are certified public accountants or registered public accountants of another state or a jurisdiction of the United States approved by the board.

      3.  Each person, partnership and corporation applying for a temporary permit shall file with the board a designation and acceptance of a resident agent for service of legal process and shall pay a fee established by the board by regulation before commencing work for a client.

      4.  The person, partner or shareholder who is responsible for the conduct of the engagement shall be deemed to be personally engaged in the practice of public accounting in this state, and must meet all requirements of NRS 628.310 and requirements for continuing education .


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

ê1989 Statutes of Nevada, Page 1606 (Chapter 694, SB 443)ê

 

628.310 and requirements for continuing education . [but must not be eligible for certification under subsection 1 of NRS 628.190.]

      5.  A person who holds a temporary permit is subject to all of the provisions of this chapter relating to discipline. The board may refuse to act upon an application for further permits for a period of time set by the board, or may refuse to issue a temporary permit to any person, partnership or corporation if disciplinary proceedings are pending in any jurisdiction.

 

________

 

 

CHAPTER 695, SB 481

Senate Bill No. 481–Committee on Commerce and Labor

CHAPTER 695

AN ACT relating to repairs by garages; including motor homes and recreational vehicles under provisions governing repairs by garages; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 598.690 is hereby amended to read as follows:

      598.690  As used in NRS 598.690 to 598.745, inclusive, unless the context otherwise requires:

      1.  “Garage” means any business establishment, sole proprietorship, firm, corporation, association or other legal entity that engages in the business of repairing motor vehicles.

      2.  “Garageman” means any person who owns, operates, controls or manages a garage.

      3.  “Motor vehicle” means:

      (a) A motorcycle as defined in NRS 482.070;

      (b) A motortruck as defined in NRS 482.073 if its gross vehicle weight does not exceed [6,000 pounds; and] 10,000 pounds;

      (c) A passenger car as defined in NRS 482.087 [.] ;

      (d) A mini motor home as defined in NRS 482.066;

      (e) A motor home as defined in NRS 482.071; and

      (f) A recreational vehicle as defined in NRS 482.101.

      4.  “Person authorizing repairs” includes an insurance company, its agents or representatives, authorizing repairs to motor vehicles under a policy of insurance.

      5.  “Repair” or “repairing” includes modifying and performing maintenance work on motor vehicles, but does not include lubrication or oil change, repairing or changing tires, or replacing batteries, wiper blades, fan belts or other minor accessories.

 

________


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

ê1989 Statutes of Nevada, Page 1607ê

 

CHAPTER 696, SB 497

Senate Bill No. 497–Senators Getto, Townsend, Beyer, Hickey, Horn, Joerg, O’Donnell, Smith and Vergiels

CHAPTER 696

AN ACT relating to public utilities; requiring that the plan submitted by an electrical utility to increase the supply of or reduce the demand for electricity must demonstrate the economic and environmental benefits to be realized through the use of certain efficiency measures and sources of supply; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.746 is hereby amended to read as follows:

      704.746  1.  Not more than 60 days after a utility has filed its plan, the commission shall convene a public hearing on the adequacy of the plan.

      2.  At the hearing any interested person may make comments to the commission regarding the contents and adequacy of the plan.

      3.  After the hearing the commission shall determine whether:

      (a) The [utility’s] forecast requirements of the utility are based on substantially accurate data and an adequate method of forecasting . [;]

      (b) The plan identifies and takes into account any present and projected reductions in the demand for energy [which] that may result from measures [for conservation and management of loads] to improve energy efficiency in the industrial, commercial, residential and energy producing sectors of the area being served . [; and

      (c) The utility’s plan shows an adequate consideration of]

      (c) The plan adequately demonstrates the economic, environmental and other benefits to this state and to the customers of the utility, associated with the following possible measures and sources of supply:

             (1) [Conservation;

             (2) Load management;

             (3) ] Improvements in energy efficiency;

             (2) Pooling of power;

             [(4)] (3) Purchases of power from neighboring states or countries;

             [(5) Facilities which] ;

             (4) Facilities that operate on solar or geothermal energy or wind; [and

             (6) Facilities which]

             (5) Facilities that operate on the principle of cogeneration or hydrogeneration [.] ; and

             (6) Other generation facilities.

      (d) The commission may give preference to the measures and sources of supply set forth in paragraph (c) that:

             (1) Provide the greatest economic and environmental benefits to the state;

             (2) Are consistent with the provisions of this section; and

             (3) Provide levels of service that are adequate and reliable.


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

ê1989 Statutes of Nevada, Page 1608 (Chapter 696, SB 497)ê

 

The commission shall adopt regulations which determine the level of preference to be given to those measures and sources of supply.

 

________

 

 

CHAPTER 697, SB 502

Senate Bill No. 502–Committee on Commerce and Labor

CHAPTER 697

AN ACT relating to trade practices; recognizing a right of publicity in the identity of a person; requiring that the consent of a person or his successor in interest be obtained for certain commercial uses of his name, likeness or other personal characteristics; providing remedies for any unauthorized use; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

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 the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 6, inclusive, of this act:

      1.  “Commercial use” includes the use of the name, voice, signature, photograph or likeness of a person on or in any product, merchandise or goods or for the purposes of advertising, selling or soliciting the purchase of any product, merchandise, goods or service.

      2.  “Person” means a natural person.

      Sec. 3.  1.  There is a right of publicity in the name, voice, signature, photograph or likeness of every person. The right endures for a term consisting of the life of the person and 50 years after his death, regardless of whether the person commercially exploits the right during his lifetime.

      2.  Any commercial use by another of the name, voice, signature, photograph or likeness of a person requires the written consent of that person or his successor in interest unless:

      (a) The use is contained in material which is commercially sponsored but the use is not directly connected with the commercial sponsorship;

      (b) The use is an attempt to portray, imitate, simulate or impersonate a person in a live performance;

      (c) The use is in connection with a news, public affairs or sports broadcast or publication;

      (d) The use is an attempt to portray, imitate, simulate or impersonate a person in a play, book, magazine article, newspaper article, musical composition, film, or a radio, television or other audio or visual program, except where the use is directly connected with commercial sponsorship;

      (e) The use is in connection with an original work of art except that multiple editions of such a work of art require consent; or

      (f) The use is in connection with an advertisement or commercial announcement for a use permitted by this subsection.


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

ê1989 Statutes of Nevada, Page 1609 (Chapter 697, SB 502)ê

 

For the purposes of this subsection, the issue of whether a use is directly connected with commercial sponsorship is a question of fact, to be determined by the trier of fact in an action brought pursuant to section 5 of this act.

      Sec. 4.  1.  The right of publicity established by section 3 of this act is freely transferable, in whole or in part, by contract, license, gift, conveyance, assignment, devise or testamentary trust by a person or his successor in interest.

      2.  If a deceased person has not transferred his rights as provided by subsection 1, and he has no surviving beneficiary or successor in interest upon his death, the commercial use of his name, voice, signature, photograph or likeness does not require consent.

      3.  A successor in interest or a licensee of a deceased person may file in the office of the secretary of state, on a form prescribed by the secretary of state and upon the payment of a filing fee of $25, a verified application for registration of his claim. The application must include:

      (a) The legal and professional name of the deceased person;

      (b) The date of death of the deceased person;

      (c) The name and address of the claimant;

      (d) The basis of the claim; and

      (e) A description of the rights claimed.

      4.  A successor in interest or a licensee of a deceased person may not assert any right against any unauthorized commercial use of the deceased person’s name, voice, signature, photograph or likeness that begins before the filing of an application to register his claim.

      5.  A person, firm or corporation seeking to use the name, voice, signature, photograph or likeness of a deceased person for commercial purposes must first make a reasonable effort, in good faith, to discover the identity of any person who qualifies as a successor in interest to the deceased person. A person claiming to be a successor in interest to a deceased person must, within 6 months after the date he becomes aware or should reasonably have become aware of an unauthorized commercial use of the deceased person’s name, voice, signature, photograph or likeness, register a claim with the secretary of state pursuant to subsection 3. Failure to register shall be deemed a waiver of any right of publicity.

      6.  The secretary of state may microfilm or reproduce by other techniques any document filed pursuant to this section and thereafter destroy the original of the document. The microfilm or other reproduction is admissible in any court of record. The secretary of state may destroy the microfilm or other reproduction 50 years after the death of the person whose identity is the subject of the claim.

      7.  A claim registered pursuant to this section is a public record.

      Sec. 5.  Any commercial use of the name, voice, signature, photograph or likeness of another by a person, firm or corporation without first having obtained written consent for the use is subject to:

      1.  Injunctive relief to prevent or restrain the unauthorized use; and

      2.  An action at law for any injuries sustained by reason of the unauthorized use. In such a suit, the plaintiff may recover:

      (a) Actual damages, but not less than $750; and


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

ê1989 Statutes of Nevada, Page 1610 (Chapter 697, SB 502)ê

 

      (b) Exemplary or punitive damages, if the trier of fact finds that the defendant knowingly made use of the name, voice, signature, photograph or likeness of another person without the consent required by section 3 of this act.

      3.  No owner or employee of any medium used for advertising is liable pursuant to this section for any unauthorized commercial use of a person’s name, voice, signature, photograph or likeness unless it is established that the owner or employee had actual knowledge of the unauthorized use.

      Sec. 6.  The provisions of sections 2 to 6, inclusive, of this act apply to any commercial use within this state of a living or deceased person’s name, voice, signature, photograph or likeness regardless of the person’s domicile.

 

________

 

 

CHAPTER 698, SB 504

Senate Bill No. 504–Committee on Commerce and Labor

CHAPTER 698

AN ACT relating to persons licensed to sell real estate; making various changes concerning disciplinary proceedings against a licensee; clarifying the time within which a broker or owner-developer must notify the real estate division of the department of commerce of the termination of his association with a broker-salesman or salesman; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 645.560 is hereby amended to read as follows:

      645.560  1.  Each licensed real estate broker shall erect and maintain a sign in a conspicuous place upon the premises of his place of business . [to indicate that he is a licensed real estate broker.] The name of the broker or the name under which he conducts his business set forth in his license must be clearly shown thereon.

      2.  The size and place of the sign must conform to regulations adopted by the commission.

      3.  Similar signs must also be erected and maintained in a conspicuous place at all branch offices.

      Sec. 2.  NRS 645.575 is hereby amended to read as follows:

      645.575  1.  The commission shall prescribe standards for the continuing education of persons licensed pursuant to this chapter by adopting regulations which include:

      (a) For renewal of a license which is on active status, a requirement for the hours of attendance at any approved educational course, seminar or conference of:

             (1) Thirty hours within the 2-year period immediately after initial licensing; and

             (2) Fifteen hours within each subsequent 2-year period before renewal.


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

ê1989 Statutes of Nevada, Page 1611 (Chapter 698, SB 504)ê

 

For each period, at least 3 of the hours must be devoted to ethics, professional conduct or the legal aspects of real estate [.] and at least 3 of the hours must be devoted to disclosing agency relationships.

      (b) For reinstatement of a license which has been placed on inactive status, a requirement for total attendance at any approved educational course, seminar or conference of:

             (1) Thirty hours if the license was on inactive status for 2 years or less during the initial license period;

             (2) Fifteen hours if the license was on inactive status for a period of 2 years or less, no part of which was during the initial license period;

             (3) Forty-five hours if the license was on inactive status for a period of more than 2 years, part of which was during the initial license period; or

             (4) Thirty hours if the license was on inactive status for a period of more than 2 years, no part of which was during the initial license period.

For each period, at least 3 of the hours must be devoted to ethics, professional conduct or the legal aspects of real estate [.] and at least 3 of the hours must be devoted to disclosing agency relationships.

      (c) A basis and method of qualifying educational programs and certifying attendance which will satisfy the requirements of this section.

      (d) A procedure for the evaluation of petitions based on a claim of equivalency with the requirements of subsection (a) or (b).

      (e) A system of controlling and reporting qualifying attendance.

      (f) A statement of the conditions under which an extension of time may be granted to comply with the continuing education requirements as well as a method of applying and qualifying for an extension.

      2.  The standards prescribed under subsection 1 must permit alternatives of subject material, taking cognizance of specialized areas of practice, and alternatives in sources of programs considering availability in area and time. The standards must include, where qualified, generally accredited educational institutions, private vocational schools, educational programs and seminars of professional societies and organizations, other organized educational programs on technical subjects, or equivalent offerings. The commission shall qualify any appropriate educational course given by an accredited university or community college.

      3.  Except as otherwise provided in this subsection, after December 31, 1980, the license of a broker, broker-salesman or salesman must not be renewed or reinstated unless the administrator finds that the applicant for the renewal license or for reinstatement to active status has completed the continuing education required by this chapter. Any amendment or repeal of a regulation does not operate to prevent an applicant from complying with this section for the next licensing period following the amendment or repeal.

      Sec. 3.  NRS 645.580 is hereby amended to read as follows:

      645.580  1.  When any real estate broker-salesman or salesman terminates, for any reason, his association with the real estate broker with whom he was associated, or his employment with the owner-developer by whom he was employed, the real estate broker or owner or owner-developer shall:


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

ê1989 Statutes of Nevada, Page 1612 (Chapter 698, SB 504)ê

 

      (a) [Immediately deliver] Deliver or mail by certified mail to the division the real estate broker-salesman’s or salesman’s license, together with a written statement of the circumstances surrounding the termination of the association or the employment [.] , within 10 days after the termination occurs.

      (b) At the time of delivering or mailing the license to the division, address a communication to the last known residence address of the broker-salesman or salesman, advising him that his license has been delivered or mailed to the division. A copy of the communication must accompany the license when delivered or mailed to the division.

      2.  A broker-salesman or salesman must, within 30 days after termination of that association, become associated with or employed by another broker or owner-developer or request that his license must be placed on inactive status.

      3.  It is unlawful for any real estate salesman to perform any of the acts contemplated by this chapter, either directly or indirectly, under authority of the license on or after the date of receipt of the license from the broker or owner-developer by the division and until the license is transferred or reissued or a new license is issued.

      Sec. 4.  NRS 645.633 is hereby amended to read as follows:

      645.633  The commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:

      1.  Willfully using any trade name, service mark or insignia of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.

      2.  Violating any order of the commission, any agreement with the division, any of the provisions of this chapter, chapter 119, 119A, 119B or 645A of NRS or of any regulation adopted thereunder.

      3.  Paying a commission, compensation or a finder’s fee to any person for performing the services of a broker, broker-salesman or salesman who has not first secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.

      4.  A felony, or has entered a plea of guilty or nolo contendere to a charge of felony or any crime involving fraud, deceit, misrepresentation or moral turpitude.

      5.  Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.

      6.  Failure to disclose to any person with whom he is dealing, any material facts, data or information which he knew, or which by the exercise of reasonable care and diligence he should have known, concerning or relating to the property with which he is dealing.

      7.  Failure to include a fixed date of expiration in any written listing agreement or to leave a copy of the agreement with the principal.

      8.  Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a principal.

      9.  Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter, chapter 119, 119A or 119B of NRS.

      10.  Any other conduct which constitutes deceitful, fraudulent or dishonest dealing.


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

ê1989 Statutes of Nevada, Page 1613 (Chapter 698, SB 504)ê

 

      11.  Any conduct which took place before his being licensed, which was in fact unknown to the division and which would have been grounds for denial of a license had the division been aware of the conduct.

      12.  Acting in the dual capacity of agent and undisclosed principal in any transaction.

      13.  Knowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesman or salesman, with or on behalf of the licensee.

Action may also be taken pursuant to NRS 645.630 against a person subject to that section for the suspension or revocation of a real estate broker’s, broker-salesman’s or salesman’s license issued to him by any other jurisdiction.

      Sec. 5.  NRS 645.685 is hereby amended to read as follows:

      645.685  1.  The licensee shall file an answer to the charges with the commission no later than 30 days after [he has received] service of the notice and other documents described in subsection 4 of NRS 645.680. The answer must contain an admission or denial of the allegations contained in the complaint and any defenses upon which the licensee will rely. If no answer is filed within the time limit described in this subsection, the division may, after notice to the licensee served in the manner authorized in subsection 5 of NRS 645.680, move the commission for the entry of a default against the licensee.

      2.  The answer may be served by delivery to the commission, or by mailing the answer by certified mail to the principal office of the division.

      3.  No proceeding for the suspension or revocation of any license may be maintained unless it is commenced by the giving of notice to the licensee within 3 years of the time of the act charged, whether of commission or omission, except:

      (a) If the charges are based upon a misrepresentation, or failure to disclose, the period does not commence until the discovery of facts which do or should lead to the discovery of the misrepresentation or failure to disclose; and

      (b) Whenever any action or proceeding is instituted to which the division or the licensee is a party and which involves the conduct of the licensee in the transaction with which the charges are related, the running of the 3-year period with respect to the institution of a proceeding [under] pursuant to this chapter to suspend or revoke the license is suspended during the pendency of the action or proceeding.

      Sec. 6.  NRS 645.830 is hereby amended to read as follows:

      645.830  1.  The following fees must be charged by and paid to the division:

 

For each real estate salesman’s or broker’s examination.........................           $55

For each original real estate broker’s, broker-salesman’s or corporate broker’s license.............................................................................................................           130

For each original real estate salesman’s license........................................           100

For each original branch office license.......................................................           100

For real estate education, research and recovery to be paid at the time an application for a license is filed or at the time a license is renewed............... 40 [For each penalty assessed for failure of an applicant for an original broker’s, broker-salesman’s or corporate broker’s license to file within 90 days after notification..............................         65

 


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

ê1989 Statutes of Nevada, Page 1614 (Chapter 698, SB 504)ê

 

[For each penalty assessed for failure of an applicant for an original broker’s, broker-salesman’s or corporate broker’s license to file within 90 days after notification.............................................................................................................             65

For each penalty assessed for failure of an applicant for an original salesman’s license to file within 90 days after notification..........................................            50]

For each renewal of a real estate broker’s, broker-salesman’s or corporate broker’s license.................................................................................................           130

For each renewal of a real estate salesman’s license................................           100

For each renewal of a real estate branch office license............................           100

For each penalty for late filing of a renewal for a broker’s, broker-salesman’s or corporate broker’s license...............................................................             65

For each penalty for late filing of a renewal for a salesman’s license....             50

For each change of name or address..........................................................             10

For each transfer of a real estate salesman’s or broker-salesman’s license and change of association or employment.........................................................             10

For each duplicate license where the original license is lost or destroyed, and an affidavit is made thereof...................................................................             10

For each change of status from broker to broker-salesman, or the reverse                   10

For each reinstatement to active status of an inactive real estate broker’s, broker-salesman’s or salesman’s license...................................................             10

For each reinstatement of a real estate brokers’ license when the licensee fails to give immediate written notice to the division of a change of name or business location...............................................................................................             20

For each reinstatement of a real estate salesman’s or broker-salesman’s license when he fails to notify the division of a change of broker within 30 days of termination by previous broker.......................................................             20

For each original registration of an owner-developer..............................             65

For each annual renewal of a registration of an owner-developer.........             65

For each enlargement of the area of an owner-developer’s registration                        15

For each cooperative certificate issued to an out-of-state broker license for 1 year or fraction thereof..................................................................................             40

For each original accreditation of a course of continuing education....             50

For each renewal of accreditation of a course of continuing education...............         10

 

      2.  The fees prescribed for courses of continuing education do not apply to any university or college of the University of Nevada System.

      Sec. 7.  1.  This section and sections 1 and 3 to 6, inclusive, of this act become effective on October 1, 1989.


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

ê1989 Statutes of Nevada, Page 1615 (Chapter 698, SB 504)ê

 

      2.  Section 2 of this act becomes effective on January 1, 1990.

 

________

 

 

CHAPTER 699, SB 512

Senate Bill No. 512–Senator Jacobsen

CHAPTER 699

AN ACT relating to vehicle licensing; revising provisions concerning the issuance of license plates for radio amateurs; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.271 is hereby amended to read as follows:

      482.271  1.  The director shall order the preparation of decals which are adhesive strips treated to reflect light and designed to fit in the spaces reserved for the names of counties on vehicle license plates for passenger cars and trucks. Each decal [shall] must display the name of a county in prominent block lettering.

      2.  [The director shall order the preparation of decals similar to those used to identify counties, which display the words “RADIO AMATEUR” in prominent block lettering and which are reserved for use on the special plates issued pursuant to NRS 482.375.

      3.] The decals described in [subsections 1 and 2] subsection 1 may be purchased for display on license plates in the spaces reserved for them. They must be available for purchase upon request, in person or by mail, in every office where motor vehicle license plates may be purchased.

      [4.] 3.  The fee for a decal is $0.50, which must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the cost of manufacturing the decals.

      Sec. 2.  NRS 482.375 is hereby amended to read as follows:

      482.375  1.  An owner of a motor vehicle who is a resident of the State of Nevada and who holds an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application accompanied by proof of ownership of that license, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for plates as prescribed by law, and the payment of an additional fee of [$3,] $25, must be issued a license plate or plates, upon which in lieu of the numbers as prescribed by law must be inscribed the words “RADIO AMATEUR” and the official amateur radio call letters of the applicant as assigned by the Federal Communications Commission. The plate or plates may be used only on a private passenger car, trailer or travel trailer or on a noncommercial truck.

      2.  The [applicant may also purchase and display on his plate or plates, in the space provided for it, a decal with the designation “RADIO AMATEUR.”] cost of die and modifications necessary for the issuance of a license plate under this section must be paid from private sources without any expense to the State of Nevada.


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

ê1989 Statutes of Nevada, Page 1616 (Chapter 699, SB 512)ê

 

plate under this section must be paid from private sources without any expense to the State of Nevada.

      3.  The department may adopt regulations to ensure compliance with all state license laws relating to the use and operation of a motor vehicle before issuance of the plates in lieu of the regular Nevada license plate or plates, and all applications for the plates must be made to the department.

      Sec. 3.  NRS 482.500 is hereby amended to read as follows:

      482.500  1.  Except as provided in subsection 2, whenever upon application any duplicate or substitute certificate of registration or ownership, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration or ownership.................................................... $5.00

For every substitute number plate or set of plates............................................ 5.00

For every duplicate number plate or set of plates............................................ 10.00

For every decal displaying a county name........................................................... .50

[For every decal designating a radio amateur..................................................... .50]

For every other decal (license plate sticker or tab)............................................ 5.00

 

      2.  A fee of $10 must be paid for a duplicate plate or set of plates if a special plate was issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.375, 482.376, 482.378 or 482.380. A fee must not be charged for a duplicate plate or set of plates issued under NRS 482.368, 482.370, 482.373 or 482.374.

      3.  The fees which are paid for duplicate number plates and decals displaying county names [or the designation for operators of amateur radios] must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.

      4  For purposes of this section:

      (a) “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.

      (b) “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the prior plate or set.

 

________


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

ê1989 Statutes of Nevada, Page 1617ê

 

CHAPTER 700, SB 525

Senate Bill No. 525–Senator Horn

CHAPTER 700

AN ACT relating to public health; changing the date by which the state board of health is required to adopt certain regulations pursuant to Senate Bill No. 56 of this session; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 2 of chapter 144, Statutes of Nevada 1989, is hereby amended to read as follows:

       Sec. 2.  1.  The state board of health shall adopt the regulations required by section 1 of this act on or before [July] October 1, 1989.

       2.  Every employer of a peace officer or fireman whose first day of employment is on or before December 1, 1989, shall, with regard to that peace officer or fireman, comply with the provisions of subsection 2 of section 1 of this act not later than January 1, 1990.

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

 

________

 

 

CHAPTER 701, SB 537

Senate Bill No. 537–Senator Jacobsen

CHAPTER 701

AN ACT relating to state property; expanding the legislative grounds; and providing other matters properly relating thereto.

 

[Approved July 2, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 331.135 is hereby amended to read as follows:

      331.135  1.  The legislature reserves the supervision and control, both during and between legislative session, of:

      (a) The entire legislative building, including its chambers, offices [, committee] and other rooms, and its furnishings and equipment;

      (b) The entire parcel of land bounded on the west by Carson Street, on the south by Fifth Street, on the east by Fall Street, and on the north by the sidewalk along the south fence of the capital grounds; [and]

      (c) The entire parcel of land bounded on the west by Fall Street, on the south by Fifth Street, on the east by Stewart Street, and on the north by Fourth Street [.] ; and

      (d) The entire parcel of land situated in Carson City, Nevada, described as:


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

ê1989 Statutes of Nevada, Page 1618 (Chapter 701, SB 537)ê

 

       All of block 39 of Sears, Thompson and Sears subdivision of Carson City; and the west 30.00 feet of the abandoned right of way of Valley Street abutting block 39 of Sears, Thompson and Sears subdivision.

       Excepting therefrom that portion of Stewart and Fifth Streets deeded to the State of Nevada through its department of transportation as recorded in book 283, page 208, of Deeds, Carson City, Nevada.

 

      2.  The director of the legislative counsel bureau:

      (a) Shall provide an individual office for each legislator whose position as an officer or as a chairman of a committee [chairman] does not otherwise entitle him to occupy an assigned office.

      (b) May assign the use of all space in the legislative building during the interim between sessions of the legislature, and establish and charge reasonable fees for any use by the public of the auditorium on the first floor.

      3.  The director of the legislative counsel bureau shall cause the legislative building, chambers and grounds to be kept in good repair, clean, orderly and presentable as befits public property and the dignity of the legislature. For this purpose he may, in addition to his general power to employ or contract for the services of personnel, contract with any private enterprise or governmental agency for the provision of appropriate services.

      Sec. 2.  The amendatory provisions of this act do not affect the terms of the lease agreement, dated May 16, 1985, between the State of Nevada as lessor and the Carson City School District as lessee, concerning the 30-foot strip of land along the eastern boundary of the property described in paragraph (d) of subsection 1 of NRS 331.135, as amended by this act.

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

 

________

 

 

CHAPTER 702, AB 612

Assembly Bill No. 612–Assemblyman Nevin

CHAPTER 702

AN ACT relating to passenger cars; regulating various practices concerning the short-term lease of a passenger car; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 18, inclusive of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 3.  “Authorized driver” means:

      1.  The short-term lessee of a passenger car.

      2.  The spouse of the short-term lessee, if that person is a licensed driver and satisfies any minimum age requirement of the short-term lessor.


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

ê1989 Statutes of Nevada, Page 1619 (Chapter 702, AB 612)ê

 

      3.  The employer or coworker of the short-term lessee, if he is engaged in business activity with the lessee, is a licensed driver and satisfies any minimum age requirement of the short-term lessor.

      4.  Any person listed on a lease by the short-term lessor as an authorized driver.

      Sec. 4.  “Estimated time for repair” means an estimate made in good faith of the reasonable number of hours of labor, or a fraction thereof, needed to repair the damaged parts of a passenger car.

      Sec. 5.  “Estimated time for replacement” means the number of hours of labor, or a fraction thereof, needed to replace the damaged parts of a passenger car as set forth in a guide for estimating damage caused by a collision generally used in the business of repair of cars and commonly known as a “crash book.”

      Sec. 6.  “Waiver of damages” means an agreement by the short-term lessor not to hold a short-term lessee liable for any:

      1.  Portion of the damage or loss related to a leased passenger car.

      2.  Loss of use of the passenger car.

      3.  Charges for storage, impound, towing or administration.

      Sec. 7.  1.  Except as otherwise provided in section 8 of this act, a short-term lessor and a short-term lessee of a passenger car may agree that the lessee will be responsible for:

      (a) Physical or mechanical damage to the car, up to and including its fair market value, resulting from a collision, regardless of the cause of the damage.

      (b) Loss resulting from theft of the car, up to and including its fair market value, except that the lessee is presumed to have no liability for any loss resulting from theft if an authorized driver:

             (1) Has possession of the ignition key furnished by the lessor or establishes that the ignition key furnished by the lessor was not in the car at the time of the theft; and

             (2) Files an official report of the theft with an appropriate law enforcement agency within 24 hours after learning of the theft and cooperates with the lessor and the law enforcement agency in providing information concerning the theft.

The lessor may rebut the presumption set forth in this paragraph by establishing that an authorized driver committed or aided and abetted the commission of the theft.

      (c) Physical damage to the car, up to and including its fair market value, resulting from vandalism occurring after or in connection with the theft of the car, except that the lessee has no liability for any damage resulting from vandalism if the lessee has no liability for theft pursuant to paragraph (b).

      (d) Physical damage to the car and loss of use of the car, up to $500, resulting from vandalism not related to the theft of the car and not caused by the short-term lessee.

      (e) Loss of use of the car if the lessee is liable for damage or loss.

      (f) Actual charges for towing and storage and impound fees paid by the lessor if the lessee is liable for damage or loss.


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

ê1989 Statutes of Nevada, Page 1620 (Chapter 702, AB 612)ê

 

      (g) An administrative charge that includes the cost of appraisal and other costs incident to the damage, loss, loss of use, repair or replacement of the car.

      2.  For the purposes of this section, the fair market value must be determined in the customary market for the sale of the leased passenger car.

      Sec. 8.  The total amount of the short-term lessee’s liability to the short-term lessor resulting from damage to a leased passenger car must not exceed the sum of the following:

      1.  The estimated cost for parts that the short-term lessor would have to pay to replace damaged parts. Any discount, price reduction or adjustment received by the lessor must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to the short-term lessee.

      2.  The estimated cost of labor to replace damaged parts of the passenger car, which must not exceed the product of:

      (a) The rate of labor usually paid by the lessor to replace parts of the type that were damaged; and

      (b) The estimated time for replacement.

Any discount, price reduction or adjustment received by the short-term lessor must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to the lessee.

      3.  The estimated cost of labor to repair damaged parts of the passenger car, which must not exceed the lesser of:

      (a) The product of the rate for labor usually paid by the short-term lessor to repair parts of the type that were damaged and the estimated time for repair; or

      (b) The sum of the costs for estimated labor and parts determined pursuant to subsection 1 and 2 to replace the same parts.

Any discount, price reduction or adjustment received by the short-term lessor must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to the lessee.

      4.  Except as otherwise provided in subsection 5, the loss of use of the leased passenger car, which must not exceed the product of:

      (a) The rate for the car stated in the short-term lessee’s lease, excluding all optional charges; and

      (b) The total of the estimated time for replacement and the estimated time for repair. For the purpose of converting the estimated time for repair into the same unit of time in which the rate of the lease is expressed, a day shall be deemed to consist of 8 hours.

      5.  Under any of the circumstances described in section 11 of this act, the short-term lessor’s loss of use of the passenger car must not exceed the product of:

      (a) The rate for the car stated in the short-term lessee’s lease, excluding all optional charges; and

      (b) The period from the date of an accident to the date the car is ready to be returned to service if the lessor uses his best efforts to repair and return the car to service as soon as practicable.

      6.  Actual charges for towing and storage and impound fees paid by the short-term lessor.


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

ê1989 Statutes of Nevada, Page 1621 (Chapter 702, AB 612)ê

 

      7.  An administrative charge pursuant to paragraph (g) of subsection 1 of section 7 of this act must not exceed:

      (a) Fifty dollars if the total estimated cost for parts and labor is more than $100 and less than or equal to $500.

      (b) One hundred dollars if the total estimated cost for parts and labor is more than $500 and less than or equal to $1,500.

      (c) One hundred and fifty dollars if the total estimated cost for parts and labor is more than $1,500.

No administrative charge may be imposed if the total estimated cost of parts and labor is $100 or less.

      Sec. 9.  1.  The total amount of an authorized driver’s liability to the short-term lessor, if any, for damage occurring during the operation of a passenger car by the driver must not exceed the amount of the short-term lessee’s liability pursuant to section 8 of this act.

      2.  The short-term lessor shall not recover from the short-term lessee and an authorized driver:

      (a) An amount that exceeds the lessee’s liability pursuant to section 8 of this act.

      (b) For any item pursuant to section 7 of this act to the extent that the lessor obtains recovery from any other person.

      3.  The provisions of this section apply to the maximum liability of a short-term lessee or an authorized driver to the short-term lessor resulting from damage to a passenger car and not to the liability of any other person.

      Sec. 10.  Except as otherwise provided in section 11 of this act:

      1.  Every waiver of damages must provide that the short-term lessee of a passenger car has no liability for any damage, loss or loss of use, or any cost incident thereto.

      2.  Every limitation, exception or exclusion to any waiver of damages is void and unenforceable.

      Sec. 11.  A short-term lessor may provide in a lease of a passenger car that a waiver of damages does not apply in the following circumstances:

      1.  Damage or loss resulting from an authorized driver’s:

      (a) Intentional, willful, wanton or reckless conduct.

      (b) Operation of the car in violation of NRS 484.379.

      (c) Towing or pushing with the car.

      (d) Operation of the car on an unpaved road if the damage or loss is a direct result of the road or driving conditions.

      2.  Damage or loss occurring when the passenger car is:

      (a) Used for hire.

      (b) Used in connection with conduct that constitutes a felony.

      (c) Involved in a speed test or contest or in a driver training activity.

      (d) Operated by a person other than an authorized driver.

      (e) Operated outside of the United States.

      3.  An authorized driver providing:

      (a) Fraudulent information to the short-term lessor.

      (b) False information to the lessor and the lessor would not have leased the passenger car if he had received true information.

      Sec. 12.  A short-term lessor who offers or provides a waiver of damages for any consideration in addition to the rate for lease of a passenger car shall clearly and conspicuously disclose the following information in the lease or a holder in which the lease is placed and on a sign posted at the place where the lessee signs the lease:

 


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

ê1989 Statutes of Nevada, Page 1622 (Chapter 702, AB 612)ê

 

clearly and conspicuously disclose the following information in the lease or a holder in which the lease is placed and on a sign posted at the place where the lessee signs the lease:

      1.  The nature and extent of the short-term lessee’s liability.

      2.  A statement that the short-term lessee’s personal insurance policy may provide coverage for all or a portion of the lessee’s potential liability.

      3.  A statement that the short-term lessee should consult with his insurer to determine the scope of insurance coverage.

      4.  A statement that the short-term lessee may purchase an optional waiver of damages to cover all liability subject to any exception that the short-term lessor includes and that is permitted by section 11 of this act.

      5.  The charge for the waiver of damages.

      6.  A statement that Nevada law requires any driver of a passenger car and any passenger 5 years of age or older who rides in the front or back seat of a passenger car to wear a safety belt if one is available for his seating position.

      Sec. 13.  1.  A short-term lessor shall not require the purchase of a waiver of damages, optional insurance or any other optional good or service as a condition for the lease of a passenger car.

      2.  A short-term lessor may sell a waiver of damages but shall not charge more than $10 per full or partial 24-hour rental period for the waiver.

      3.  A short-term lessor who disseminates an advertisement in the State of Nevada that contains a rate for the lease of a passenger car shall include in the advertisement a clearly readable statement of the charge for a waiver of damages and a statement that the waiver is optional.

      4.  A short-term lessor shall not engage in any unfair, deceptive or coercive conduct to induce a short-term lessee to purchase a waiver of damages, optional insurance or any other optional good or service, including, but not limited to, refusing to honor the lessee’s reservation, limiting the availability of cars, requiring a deposit or debiting or blocking the lessee’s credit card account for a sum equivalent to a deposit if the lessee declines to purchase a waiver, optional insurance or any other optional good or service.

      Sec. 14.  1.  A short-term lessor of a passenger car shall not seek to recover any portion of a claim arising out of damage to or loss of a leased passenger car by processing a charge on a short-term lessee’s credit card or causing any debit or block to be placed on the lessee’s credit card account.

      2.  A short-term lessor of a passenger car shall not engage in any unfair, deceptive or coercive tactics in attempting to recover or in recovering on any claim arising out of damage to or loss of a passenger car.

      Sec. 15.  1.  A short-term lessor shall advertise, quote and charge a rate for leasing a passenger car that includes the entire amount except the taxes, any fees paid to airports and any charges for mileage, that a short-term lessee must pay to lease the car for the period to which the rate applies.

      2.  If a short-term lessor states a rate for lease of a passenger car in a printed advertisement or in a quotation transmitted by computer or telephone or in person, the lessor shall clearly disclose in the advertisement or quotation the terms of any mileage conditions relating to the advertised or quoted rate, including, but not limited to, the amount of mileage and gas charges, the number of miles for which no charges will be imposed and a description of geographic driving limitations.


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

ê1989 Statutes of Nevada, Page 1623 (Chapter 702, AB 612)ê

 

      Sec. 16.  1.  The short-term lessor of a passenger car may impose an additional charge:

      (a) Based on a reasonable age criteria established by the lessor.

      (b) For any item or a service provided if the short-term lessee could have avoided incurring the charge by choosing not to obtain or utilize the optional item or service.

      (c) For insurance and accessories requested by the lessee.

      (d) For service incident to the lessee’s optional return of the car to a location other than the location where the car was leased.

      (e) For refueling the car at the conclusion of the lease if the lessee did not return the car with as much fuel as was in the fuel tank at the beginning of the lease.

      2.  A short-term lessor shall not charge a short-term lessee, as a condition of leasing a passenger car, an additional fee for:

      (a) Any surcharges required for fuel.

      (b) Transporting the lessee to the location where the car will be delivered to the lessee.

      (c) Any other authorized driver.

      3.  If a short-term lessor:

      (a) Delivers a passenger car to a short-term lessee at a location other than the location where the lessor normally carries on its business, the lessor shall not charge the lessee any amount for the period before the delivery of the car.

      (b) Takes possession of a passenger car from a short-term lessee at a location other than the location where the lessor normally carries on its business, the lessor shall not charge the lessee any amount for the period after the lessee notifies the lessor to take possession of the car.

      Sec. 17.  A short-term lessee may bring an action against a short-term lessor for the recovery of damages and appropriate equitable relief for any violation of sections 2 to 18, inclusive, of this act. The prevailing party is entitled to recover reasonable attorney’s fees and costs.

      Sec. 18.  A waiver or any of the provisions of sections 2 to 18, inclusive, of this act, is contrary to public policy and is void and unenforceable.

      Sec. 19.  The provisions of sections 2 to 18, inclusive, of this act, do not create a new cause of action for damages or other relief against a short-term lessor or any other person or entity as to any transaction concerning the lease of a passenger car between a short-term lessor and a short-term lessee occurring before October 1, 1989.

 

________


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

ê1989 Statutes of Nevada, Page 1624ê

 

CHAPTER 703, SB 95

Senate Bill No. 95–Senator Malone

CHAPTER 703

AN ACT making an appropriation to the Nevada Child Seekers to aid in the location of missing and abducted children; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the Nevada Child Seekers, a chapter of the National Child Safety Council, the sum of $10,000 to help locate missing and abducted children.

      Sec. 2.  This act becomes effective on June 30, 1989.

 

________

 

 

CHAPTER 704, AB 724

Assembly Bill No. 724–Committee on Ways and Means

CHAPTER 704

AN ACT relating to the University of Nevada; authorizing the construction of an office and laboratory building 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 July 5, 1989]

 

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 have the meanings ascribed to them 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 otherwise 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 situated 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 those pledged revenues; and


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

ê1989 Statutes of Nevada, Page 1625 (Chapter 704, AB 724)ê

 

      (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 act, 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 act.

      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 an office and laboratory building 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 $40,000,000, except that if the board sells any of the bonds or other securities at a discount, the total principal amount of the bonds and other securities the board is authorized to issue increases by an amount equal to the amount of the discount at which the bonds or other securities are sold.

      (b) To issue the 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 act, as the board determines, and consisting of special obligations 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 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.

      (d) To exercise the incidental powers provided in the 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.  Bonds and other securities authorized by this act are subject to no limitations upon their rate of interest or the rate of discount at which they may be sold, including the limitations set forth in subsection 2 of NRS 396.850 and in paragraph (d) of subsection 1 of NRS 396.852, except that the rate of interest on any of those bonds or other securities must not exceed by more than 5 percent the Index of Revenue Bonds most recently published before bids are received or a negotiated offer is accepted.


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

ê1989 Statutes of Nevada, Page 1626 (Chapter 704, AB 724)ê

 

and in paragraph (d) of subsection 1 of NRS 396.852, except that the rate of interest on any of those bonds or other securities must not exceed by more than 5 percent the Index of Revenue Bonds most recently published before bids are received or a negotiated offer is accepted.

      Sec. 7.  The powers conferred by this act are in addition to and supplemental to, and the limitations imposed by this act 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 this act control.

      Sec. 8.  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. 9.  If any provision of this act or the application thereof to any person, thing or circumstance 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.

      Sec. 10.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 705, SB 25

Senate Bill No. 25–Senators Wagner, Mello, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Neal, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend and Vergiels

CHAPTER 705

AN ACT relating to public health; prohibiting the smoking of tobacco in public buildings except in designated areas; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 202.2491 is hereby amended to read as follows:

      202.2491  1.  Except as otherwise provided in subsection [3,] 4, the smoking of tobacco in any form is prohibited if done in any:

      (a) Public elevator . [, library, museum, or a bus used by the general public, other than a chartered bus.

      (b) Room, including a lecture hall or university concert hall, located in a building owned or occupied by a public governmental agency, while a public meeting is in progress in the room.

      (c) Hallway, waiting room or other area located in a building owned or occupied by a public governmental agency when so designated by the governing body of that agency or the head of that agency, if no governing body exists.

      (d)] (b) Public building.


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

ê1989 Statutes of Nevada, Page 1627 (Chapter 705, SB 25)ê

 

      (c) Public waiting room, lobby or hallway of any:

             (1) Medical facility or facility for the dependent as defined in chapter 449 of NRS; or

             (2) Office of any chiropractor, dentist, physical therapist, physician, podiatrist, psychologist, optician, optometrist or doctor of traditional Oriental medicine.

      [(e)] (d) Hotel, motel or restaurant when so designated by the operator thereof.

      [(f)] (e) Public area of a store principally devoted to the sale of food for human consumption off the premises, except in those areas leased to or operated by a person licensed pursuant to NRS 463.160.

      [(g)] (f) Child care facility.

      (g) A bus used by the general public, other than a chartered bus.

      2.  The person in control of an area listed in paragraph (c), (d), (e), (f) or (g) of subsection 1:

      (a) Shall post in the area signs prohibiting smoking in [the area except] any place not designated for that purpose as provided in paragraph (b).

      (b) May [provide] designate separate rooms or portions of [areas where smoking is prohibited to] the area which may be used for smoking.

      3.  The person in control of a public building:

      (a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

      (b) Shall, except as otherwise provided in this subsection, designate a separate room or an area which may be used for smoking.

A school district which prohibits the use of tobacco by pupils need not designate a room or area which may be used by the pupils to smoke.

      4.  The smoking of tobacco is not prohibited in any room or area designated for smoking pursuant to paragraph (b) of subsection 2 [.] or paragraph (b) of subsection 3.

      [4.] 5.  The person in control of a child care facility shall not allow children in any room or area he designates for smoking pursuant to paragraph (b) of subsection 2. Any such room or area must be sufficiently separate or ventilated so that there are no irritating or toxic effects of smoke in the other areas of the facility.

      [5.] 6.  As used in this section:

      (a) “Child care facility” means an establishment licensed pursuant to chapter 432A of NRS to provide care for 13 or more children.

      (b) “Public [meeting” means a gathering for which there is:

             (1) Advance notice;

             (2) A planned agenda; and

             (3) A person presiding or otherwise in charge.

“Public meeting” does not include a trade show or exhibition.] building” means any building owned by:

             (1) Any component of the University of Nevada System and used for any university purpose.

             (2) The State of Nevada or any county, city, school district or other political subdivision of the state and used for any public purpose.


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

ê1989 Statutes of Nevada, Page 1628 (Chapter 705, SB 25)ê

 

      Sec. 2.  This act becomes effective at 12:01 a.m. on October 1, 1989.

 

________

 

 

CHAPTER 706, AB 956

Assembly Bill No. 956–Committee on Government Affairs

CHAPTER 706

AN ACT relating to property tax; requiring the county treasurer to mail notice of a pending sale of property for delinquent taxes to the owner and any holder of a lien; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.595 is hereby amended to read as follows:

      361.595  1.  Any property held in trust by any county treasurer by virtue of any deed made pursuant to the provisions of this chapter may be sold and conveyed in the manner prescribed in this section and in NRS 361.603 or conveyed without sale as provided in NRS 361.604.

      2.  If the property is to be sold, the board of county commissioners may make an order, to be entered on the record of its proceedings, directing the county treasurer to sell the property particularly described therein, after giving notice of sale, for a total amount not less than the amount of the taxes, costs, penalties and interest legally chargeable against [such] the property as stated in the order.

      3.  Notice of [such] the sale must be [posted] :

      (a) Posted in at least three public places in the county, including one at the courthouse and one on the property, [for a period of] not less than 20 days before the day of the sale or, in lieu of such a posting, by publication of [such] the notice for [a like period of time] 20 days in some newspaper published within the county, if the board of county commissioners [shall so direct by its order.] so directs.

      (b) Mailed by certified mail, return receipt requested, not less than 90 days before the sale, to the owner of the parcel as shown on the tax roll and to any person or governmental entity that appears in the records of the county to have a lien or other interest in the property. If the receipt is returned unsigned, the county treasurer must make a reasonable attempt to locate and notify the owner or other person or governmental entity before the sale.

      4.  Upon compliance with such an order the county treasurer shall make, execute and deliver to any purchaser, upon payment to him, as trustee, of a consideration not less than that specified in the order, an absolute deed, discharged of any trust of the property mentioned in [such] the order.

      5.  Before delivering any such deed, the county treasurer shall record the [same] deed at the expense of the purchaser.

      6.  All such deeds, whether issued before , on or after July 1, 1955, are primary evidence of the regularity of all proceedings relating to the order of the board of county commissioners, the notice of sale and the sale of the property , [;] but no such deed may be executed and delivered by the county treasurer until he files at the expense of the purchaser, with the clerk of the board of county commissioners, proper affidavits of posting and of publication of the notice of sale, as the case may be, together with his return of sale, [duly] verified, showing compliance with the order of the board of county commissioners, which [return] constitutes primary evidence of the facts recited therein.


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

ê1989 Statutes of Nevada, Page 1629 (Chapter 706, AB 956)ê

 

treasurer until he files at the expense of the purchaser, with the clerk of the board of county commissioners, proper affidavits of posting and of publication of the notice of sale, as the case may be, together with his return of sale, [duly] verified, showing compliance with the order of the board of county commissioners, which [return] constitutes primary evidence of the facts recited therein.

      7.  If [such] the deed when regularly issued is not recorded in the office of the county recorder, [such] the deed, and all proceedings relating thereto, is void as against any subsequent purchaser in good faith and for a valuable consideration of the same property, or any portion thereof, when his own conveyance is first [duly] recorded.

      8.  The board of county commissioners shall provide its clerk with a record book in which [shall] must be indexed the name of each purchaser, together with the date of sale, a description of the property sold, a reference to the book and page of the minutes of the board of county commissioners where the order of sale is recorded, and the file number of the affidavits and return.

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

 

________

 

 

CHAPTER 707, AB 381

Assembly Bill No. 381–Assemblymen Arberry and McGaughey

CHAPTER 707

AN ACT relating to contractors; creating a rebuttable presumption of intent concerning the sale of certain buildings by their owners; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 624.330 is hereby amended to read as follows:

      624.330  This chapter does not apply to:

      1.  Work done exclusively by an authorized representative of the United States Government, the State of Nevada, or any incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state.

      2.  [Officers] An officer of a court when [they are] acting within the scope of [their] his office.

      3.  Work done exclusively by a public [utilities] utility operating under the regulations of the public service commission of Nevada on construction, maintenance and development work incidental to [their] its own business.

      4.  [Owners] An owner of property who is building or improving a residential [structures thereon for the occupancy of the owner] structure on the property for his own occupancy and not intended for sale. The sale or offering for sale of the newly built structure within 1 year after its completion creates a rebuttable presumption for the purposes of this section that the building of the structure was performed with intent to sell.


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

ê1989 Statutes of Nevada, Page 1630 (Chapter 707, AB 381)ê

 

rebuttable presumption for the purposes of this section that the building of the structure was performed with intent to sell.

      5.  The sale or installation of any finished [products, materials or articles] product, material or article of merchandise which [are] is not actually fabricated into and [do] does not become a permanent fixed part of the structure.

      6.  Any construction, alteration, improvement or repair of personal property.

      7.  Any construction, alteration, improvement or repair financed in whole or in part by the Federal Government and carried on within the limits and boundaries of any site or reservation, the title of which rests in the Federal Government.

      8.  [Owners] An owner of property, the primary use of which is as an agricultural or farming enterprise, building or improving [structures thereon for the] a structure on the property for his own use or occupancy [of the owner] and not intended for sale or lease.

      9.  An owner of property who builds or improves [structures] a structure upon his property and who contracts solely with a managing contractor licensed pursuant to the provisions of this chapter for the building or improvement, if the owner is and remains financially responsible for the building or improving of all buildings and structures built by the owner upon his property pursuant to the exemption of this subsection.

 

________

 

 

CHAPTER 708, AB 802

Assembly Bill No. 802–Assemblymen Spinello, Nevin, Sedway, Jeffrey, Adler, McGinness, Marvel and Callister

CHAPTER 708

AN ACT relating to peace officers; revising the composition, powers and duties of the peace officers’ standards and training committee; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 481.053 is hereby amended to read as follows:

      481.053  1.  The [director] governor shall appoint the peace officers’ standards and training committee.

      2.  The committee consists of [five] seven members, one appointed from Clark County, one from Washoe County , [and] three from any other counties [.] , one from category II peace officers and one from category III peace officers. Members serve terms of 2 years from the date of appointment. Members serve without compensation but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees generally.


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

ê1989 Statutes of Nevada, Page 1631 (Chapter 708, AB 802)ê

 

      3.  The governor shall make the appointments from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this state, category II peace officers and category III peace officers.

      4.  The committee shall:

      (a) Meet at the call of the [director.] chairman, who must be elected by the members of the committee.

      (b) Provide for and encourage training and education of peace officers in order to improve the system of criminal justice.

      (c) Adopt regulations establishing minimum standards for certification and decertification, recruitment, selection and training of peace officers.

      (d) Make necessary inquiries to determine whether agencies of the state and of local governments are complying with standards set forth in its regulations.

      [4.] 5.  Regulations adopted by the committee:

      (a) Apply to all agencies of the state and of local governments which employ persons as peace officers;

      (b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children; and

      (c) May require that training be carried on at institutions which it approves in those regulations.

      [5]. 6.  The director may adopt regulations necessary for the operation of the committee and the enforcement of laws administered by the committee.

      7.  As used in this section:

      (a) “Category II peace officer” means those officers and employees of state and local government described in subsections 1, 2, 4, 6, 8, 9, 10, 12, 13, 14, 17, 18, 20, 21 and 23 to 28, inclusive, of NRS 481.054.

      (b) “Category III peace officer” means peace officers whose authority is limited to correctional services and includes the persons described in subsection 15 of NRS 481.054.

 

________


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

ê1989 Statutes of Nevada, Page 1632ê

 

CHAPTER 709, SB 35

Senate Bill No. 35–Committee on Human Resources and Facilities

CHAPTER 709

AN ACT relating to public health; requiring the University of Nevada School of Medicine to conduct a study of chronic fatigue syndrome; making an appropriation to conduct the study; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

      whereas, Chronic fatigue syndrome is a syndrome of unknown cause characterized primarily by long-term debilitating fatigue and various combinations of other symptoms, including fever, sore throat, decreased memory, depression and a decreased ability to concentrate on tasks; and

      whereas, The symptoms of chronic fatigue syndrome can reduce a person’s average daily activity by more than 50 percent for 6 months or more; and

      whereas, A high number of cases of chronic fatigue syndrome have been reported and confirmed in Nevada; and

      whereas, Because of the debilitating nature of chronic fatigue syndrome, an understanding of the etiology and effective diagnosis and treatment of persons suffering from the syndrome is necessary for the protection and preservation of the health and welfare of all residents of this state; now, therefore

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The University of Nevada School of Medicine shall conduct a study of chronic fatigue syndrome in Nevada. The study must include a comprehensive survey of the residents of that community to gather such information as is necessary to form the basis for an evaluation of the extent of the illness in this population, its cause and effects and the methods available for prevention and treatment.

      2.  The study must include:

      (a) A description of the history and development of chronic fatigue syndrome.

      (b) An identification of the factors which increase the risk of contracting the syndrome.

      (c) An identification of any environmental factors which promote the spread of the syndrome.

      (d) An identification of the methods used to treat the syndrome.

      (e) An analysis of the distribution of the syndrome within the population studied.

      (f) A compilation of such other information as may be necessary for an understanding of the causes and consequences of chronic fatigue syndrome.

      3.  In conducting the study, the University of Nevada School of Medicine shall:

      (a) Preserve the confidentiality of any person from whom information is obtained unless the person consents to the disclosure of his identity.

      (b) Not require any person to participate in the survey.


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

ê1989 Statutes of Nevada, Page 1633 (Chapter 709, SB 35)ê

 

      (c) Require each person who wishes to participate in the survey to sign a statement declaring that he has been informed of the scope of the study and the possible uses of the information obtained in the survey.

      Sec. 2.  1.  The University of Nevada School of Medicine shall submit:

      (a) Quarterly reports of the progress of the study to the state health officer.

      (b) A final report to the legislative commission and the state health officer.

      2.  The final report of the study must be submitted on or before July 1, 1991. The report must include:

      (a) All findings made pursuant to subsection 2 of section 1 of this act.

      (b) Any recommendations for proposed legislation or further study which may be required and the method by which the findings may be used to diagnose and treat chronic fatigue syndrome in all areas of the state.

      Sec. 3.  1.  There is hereby appropriated from the state general fund to the University of Nevada School of Medicine the sum of $50,000 to conduct the study required by section 1 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 4.  This act becomes effective on June 30, 1989.

 

________

 

 

CHAPTER 710, SB 331

Senate Bill No. 331–Committee on Finance

CHAPTER 710

AN ACT making an appropriation to the School of Medicine of the University of Nevada System to provide primary medical care for emancipated children from foster homes; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the School of Medicine of the University of Nevada System the sum of $20,000 to provide primary medical care for emancipated children from foster homes in Nevada.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective on June 30, 1989.

 

_______


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

ê1989 Statutes of Nevada, Page 1634ê

 

CHAPTER 711, AB 758

Assembly Bill No. 758–Committee on Judiciary

CHAPTER 711

AN ACT relating to the support of dependent children; establishing a procedure to expedite the enforcement of an order for the support of a dependent child; authorizing a hearing officer or the chief of the program for the enforcement of child support to determine the paternity of a child and financial responsibility of a parent for a child; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 425 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 25, inclusive, of this act.

      Sec. 2.  “Chief” means the chief of the program or his designee.

      Sec. 3.  “Court” means the district court or any judicial or administrative procedure established in this or any other state or territory or the District of Columbia to facilitate the collection of an obligation for the support of a child.

      Sec. 4.  “Debt” means the amount of money owed as support for a dependent child pursuant to an order of a court of competent jurisdiction of this or any other state or an order entered by the hearing officer pursuant to sections 7 to 25, inclusive, of this act and approved by the district court.

      Sec. 5.  “Program” means the program for the enforcement of child support of the division.

      Sec. 6.  “Office” means the office of the program.

      Sec. 6.5.  To the extent they are not inconsistent with the provisions of this chapter, the provisions of chapters 31A, 125B and 130 of NRS apply to a hearing held pursuant to the provisions of this chapter.

      Sec. 7.  1.  If there is no court order concerning the support of a child entered against the parent from whom support is sought, the chief may issue a notice and finding of financial responsibility after:

      (a) The division is assigned the right to support;

      (b) The division makes a payment of public assistance;

      (c) The program receives an application for services for enforcement pursuant to NRS 125B.150 from a person who is not a recipient of public assistance; or

      (d) The program receives a written request for enforcement of an obligation for support from an agency of another state that is responsible for administering the Federal Child Support Enforcement Act (42 U.S.C. §§ 651 et seq.).

      2.  The notice must be served upon the parent in the manner prescribed for service of summons in a civil action or by certified mail, return receipt requested, with proof of actual receipt by the parent. A notice that involves the establishment of paternity must be served pursuant to Rule 4 of the Nevada Rules of Civil Procedure or by registered mail with proof of actual receipt by the parent.

      Sec. 8.  1.  The notice and finding of financial responsibility sent pursuant to section 7 of this act must include:


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

ê1989 Statutes of Nevada, Page 1635 (Chapter 711, AB 758)ê

 

      (a) The name of the person who has physical custody of the dependent child and the name of the child for whom support is to be paid.

      (b) A statement of the monthly support for which the parent is responsible.

      (c) A statement of the debt to a public agency accrued, if public assistance is being paid.

      (d) A statement of the amount of arrearages sought, if any.

      (e) A statement that the parent may be required to provide coverage for the health care of the dependent child when coverage is available to the parent at a reasonable cost.

      (f) A statement that if the parent desires to discuss the amount of support or coverage for health care that the parent should be required to pay or provide, the parent may contact the office that sent the notice within 20 days after the date of receipt of service and request a conference for negotiation.

      (g) A statement that if the parent objects to any part of the notice and finding of financial responsibility, the parent must send to the office that issued the notice a written response within 20 days after the date of receipt of service that sets forth any objections and requests a hearing.

      (h) A statement that if a response is received within the specified period, the parent is entitled to a hearing and that if a written response is not received within the specified period, the hearing officer may enter an order for support of a dependent child in accordance with the notice and finding of financial responsibility.

      (i) A statement that as soon as the order is entered and approved by the court, the property of the parent is subject to an action for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.

      (j) A reference to sections 7 to 25, inclusive, of this act.

      (k) A statement that the parent is responsible for notifying the office of any change of address or employment.

      (l) A statement that if the parent has any questions, the parent should telephone or visit the office or consult an attorney.

      (m) Such other information as the chief finds appropriate.

      2.  The statement of the monthly support required pursuant to paragraph (b) of subsection 1 must be computed in accordance with NRS 125B.070.

      3.  After a conference pursuant to paragraph (f) of subsection 1, if an agreement is not reached on the monthly support to be paid or the coverage to be provided, a hearing must be held pursuant to section 12 of this act and notice of the hearing must be sent to the parent by regular mail at his last known address or to the last known address of his attorney.

      Sec. 9.  If the paternity of the dependent child has not been legally established and a notice and finding of financial responsibility is to be served on the alleged parent, the notice must include:

      1.  The information required by section 8 of this act.

      2.  An allegation that the person is the parent of the dependent child.

      3.  The name of the other parent of the child.

      4.  The date of birth of the child.

      5.  The probable period during which conception took place.

      6.  A statement that if the alleged parent does not send to the office issuing the notice and finding of financial responsibility a written response that denies paternity and requests a hearing, within the specified period, the hearing officer, without further notice to the alleged parent, may enter an order that declares and establishes the person as the legal parent of the child.


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

ê1989 Statutes of Nevada, Page 1636 (Chapter 711, AB 758)ê

 

paternity and requests a hearing, within the specified period, the hearing officer, without further notice to the alleged parent, may enter an order that declares and establishes the person as the legal parent of the child.

      Sec. 10.  1.  If a written response setting forth objections and requesting a hearing is received by the office issuing the notice and finding of financial responsibility within the specified period, a hearing must be held pursuant to section 12 of this act and notice of the hearing must be sent to the parent by regular mail.

      2.  If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, the hearing officer may enter an order for support of a dependent child in accordance with the notice and shall include in that order:

      (a) If the paternity of the dependent child is established by the order, a declaration of that fact.

      (b) The amount of monthly support to be paid, including directions concerning the manner of payment.

      (c) The debt owed to a public agency, if any.

      (d) The amount of arrearages owed.

      (e) Whether coverage for health care must be provided for the dependent child.

      (f) The name of the person to whom, and the name and date of birth of the dependent child for whom support is to be paid.

      (g) A statement that the property of the parent is subject to actions for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.

      (h) A statement that objections to the order may be filed with the district court and served upon the other party within 10 days after receipt of the order.

      3.  The parent must be sent a copy of the order for support of a dependent child by regular mail addressed to the last known address of the parent, or if applicable, the last known address of the attorney for the parent.

      4.  The order for support of a dependent child is final upon approval by the district court pursuant to section 18 of this act. The chief may take action to enforce and collect upon the order, including arrearages, from the date of the approval of the order.

      5.  If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, and the hearing officer enters an order for support of a dependent child, the court may grant relief from the order on the grounds set forth in paragraph (b) of Rule 60 of the Nevada Rules of Civil Procedure.

      Sec. 11.  1.  At any time after the entry of an order for support of a dependent child by the hearing officer that has been approved by the court, or after entry of an order by a district court pursuant to sections 7 to 25, inclusive, of this act, the responsible parent or the person entitled to support may move for the amount of the child support being enforced to be modified.

      2.  The motion must:

      (a) Be in writing.

      (b) Set out the reasons for modification.

      (c) State the address of the moving party.


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

ê1989 Statutes of Nevada, Page 1637 (Chapter 711, AB 758)ê

 

      (d) Be served by the moving party in the manner prescribed for the service of summons in a civil action upon the responsible parent or the person entitled to support, as appropriate.

      3.  If the right to support is assigned to the State of Nevada, the moving party shall:

      (a) Mail a copy of the motion to the parent or person who has physical custody of the dependent child at the last known address of that person by certified mail; and

      (b) Mail or deliver a copy of the motion and the original return of service to the chief.

      4.  The chief shall set the matter for a hearing within 30 days after the date of receipt of the motion unless a stipulated agreement between the parties is reached. The chief shall send to the parties and person with physical custody of the dependent child a notice of the hearing by regular mail.

      5.  A motion for modification requested pursuant to this section does not prohibit the chief from enforcing and collecting upon the existing order for support of a dependent child unless so ordered by the district court.

      6.  The only support payments that may be modified are monthly support payments that accrue after notice of the motion is served.

      7.  The party requesting the modification has the burden of showing a change of circumstances and good cause for modification unless additional reviews are required pursuant to chapter 125B of NRS.

      Sec. 12.  1.  Except as otherwise provided in section 15 of this act:

      (a) The provisions of chapter 233B of NRS apply to a hearing held pursuant to sections 7 to 14, inclusive, of this act and the judicial review of any decision rendered at such a hearing.

      (b) Hearings must be conducted by a qualified hearing officer in the division appointed by the administrator.

      (c) The state welfare board, upon recommendation of the administrator, shall adopt regulations concerning the qualifications and duties of the hearing officer.

      2.  Subpenas may be issued by:

      (a) The hearing officer.

      (b) The attorney of record for the office.

Obedience to the subpena may be compelled in the same manner as provided in chapter 22 of NRS.

      3.  A witness appearing pursuant to subpena, other than a party or an officer or employee of the chief, is entitled to receive the fees and payment for mileage prescribed for a witness in a civil action.

      Sec. 13.  1.  Upon issuance and approval by a district court of an order for support of a dependent child, the chief shall enforce and collect upon the order, including arrearages.

      2.  An order for support of a dependent child issued by the hearing officer is final upon approval by the district court pursuant to section 18 of this act. The order is in full force and effect while any judicial review is pending unless the order is stayed by the district court.

      3.  The district court may review an order for support of a dependent child issued by a hearing officer pursuant to the provisions of subsections 4 and 5 of NRS 233B.140.


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

ê1989 Statutes of Nevada, Page 1638 (Chapter 711, AB 758)ê

 

      Sec. 14.  1.  After issuance of an order for support of a dependent child by a court, the chief may issue a notice of intent to enforce the order. The notice must be served upon the responsible parent in the manner prescribed for service of summons in a civil action or mailed to the responsible parent at the last known address of the parent by certified mail, return receipt requested.

      2.  The notice must include:

      (a) The names of the person to whom support is to be paid and the dependent child for whom support is to be paid.

      (b) The amount of monthly support the responsible parent is required to pay by the order for support.

      (c) A statement of the arrearages owed pursuant to the order for support.

      (d) A statement of the debt to a public agency accrued, if any.

      (e) A demand that the parent make full payment to the office of the district attorney or the clerk of the court, whichever is appropriate, within 14 days after the receipt or service of the notice.

      (f) A statement that the parent may be required to provide coverage for the health care of the dependent child when coverage is available to the parent at a reasonable cost.

      (g) A statement that if full payment is not received within 14 days or a hearing has not been requested in the manner provided in paragraph (g) of subsection 1 of section 8 of this act, the chief is entitled to enforce the order and that the property of the responsible parent is subject to actions for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.

      (h) A reference to sections 7 to 25, inclusive, of this act.

      (i) A statement that the parent is responsible for notifying the office of any change of address or employment.

      (j) A statement that if the parent has any questions, the parent should telephone or visit the appropriate office or consult an attorney.

      (k) Such other information as the chief finds appropriate.

      3.  If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specific period, the hearing officer may enter an order for support of a dependent child in accordance with the notice and shall include in that order:

      (a) The amount of monthly support to be enforced, including directions concerning the manner of payment.

      (b) The debt owed to a public agency, if any, and the manner of payment.

      (c) The amount of arrearages owed and the manner of payment.

      (d) Whether coverage for health care must be provided for the dependent child.

      (e) A statement that the property of the parent is subject to actions for collection, including, but not limited to, the withholding of wages, garnishment, liens and execution on liens.

      4.  After the district court approves the order for support of a dependent child, the order is final. The chief may take action to enforce and collect upon the order, including arrearages, from the date of the approval of the order.

      5.  Nothing in this section prevents the chief from using other available remedies for enforcement of an obligation for support of a dependent child at any time.


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

ê1989 Statutes of Nevada, Page 1639 (Chapter 711, AB 758)ê

 

      6.  The hearing officer may hold a hearing to enforce an order for support of a dependent child after an order has been entered and approved by the district court. The hearing officer may enter a finding that the parent has not complied with the order of the court and may recommend to the district court that the parent be held in contempt of court. The funding and recommendation is effective upon review and approval of the district court.

      Sec. 15.  1.  The hearing officer may enter an order establishing the paternity of a child during a proceeding concerning the support of a dependent child pursuant to sections 7 to 25, inclusive, of this act, if both parents sign affidavits or other sworn statements that paternity has not been legally established and that the male parent is the father of the child.

      2.  If there is only one alleged father and he does not file a response that denies paternity and requests a hearing within the period allowed in paragraph (g) of subsection 1 of section 8 of this act, the hearing officer, without further notice to the alleged father, may enter an order in accordance with section 10 of this act that declares and establishes the alleged father as the legal father of the child.

      3.  Any order entered pursuant to subsection 1 or 2 and approved by the district court establishes legal paternity of the dependent child for all purposes.

      Sec. 16.  1.  The hearing officer shall order blood tests or tests for genetic identification of the child, mother and alleged father if:

      (a) Paternity is alleged pursuant to section 9 of this act and a written response denying paternity and requesting a hearing is received by the chief within the period allowed in paragraph (g) of subsection 1 of section 8 of this act; or

      (b) He determines that there is a valid issue concerning the paternity of the child.

      2.  If settlement is not made after the blood tests or tests for genetic identification, the hearing officer shall certify the matter to the district court for a determination based upon:

      (a) The contents of the file concerning the dependent child; and

      (b) Any evidence produced at trial.

      3.  Unless otherwise specifically provided by statute, the proceedings must be conducted pursuant to the Nevada Rules of Civil Procedure.

      Sec. 17.  1.  When:

      (a) A response denying paternity and requesting a hearing is received pursuant to section 10 of this act; or

      (b) Paternity is a valid issue as determined by the hearing officer,

certification to the district court must be to the court in the judicial district where the parent or dependent child resides.

      2.  The certification must include:

      (a) The notice and finding of financial responsibility;

      (b) The return of service;

      (c) The denial of paternity;

      (d) The request for hearing;

      (e) The results of any blood test for genetic identification ordered by the hearing officer; and

      (f) Any other relevant papers.


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

ê1989 Statutes of Nevada, Page 1640 (Chapter 711, AB 758)ê

 

      3.  The district court shall:

      (a) Proceed in accordance with the provisions of chapter 126 of NRS that do not conflict with this section.

      (b) Consider the formula provided for in NRS 125B.070 to establish the monthly support and the amount of debt to the state, if any, accrued and accruing.

      Sec. 18.  1.  The order for support of a dependent child issued by the hearing officer, including an order establishing paternity, must be furnished to each party or his attorney at the conclusion of the proceedings or as soon thereafter as possible.

      2.  Within 10 days after receipt of the order, either party may file with the district court and serve upon the other party written objections to the order.

The district court shall:

      (a) If no objection is filed, accept the order for support of a dependent child, including an order establishing paternity, unless clearly erroneous, and judgment may be entered thereon; or

      (b) If an objection is filed within the 10-day period, review the matter pursuant to subsections 4 and 5 of NRS 233B.140 upon receipt of a notice and motion.

      3.  Upon approval by the district court of an order for support of a dependent child, including an order establishing paternity, a copy of the order entered by the hearing officer pursuant to the provisions of sections 7 to 25, inclusive, of this act, with the approval of the court endorsed thereon, must be filed in the office of the clerk of the district court.

      4.  Upon filing, the order has the force, effect and attributes of an order or decree of the district court, including, but not limited to, enforcement by supplementary proceedings, contempt of court proceedings, writs of execution, liens and writs of garnishment.

      Sec. 19.  In addition to any other remedy provided by law for the enforcement of support, if an order for support of a dependent child has been entered by the hearing officer, approved by the district court and filed, the chief may proceed in accordance with the provisions of chapter 31A of NRS.

      Sec. 20.  1.  If at any time after service, receipt or refusal of a notice pursuant to section 8 of this act and before the filing of an order for support of a dependent child, the chief reasonably believes that the parent is about to transfer, encumber, convey, sell, remove, secrete, waste or otherwise dispose of property that could be made subject to an action for collection to satisfy the debt, the chief may:

      (a) Certify the matter to the district court; and

      (b) Request a temporary restraining order which directs that the property not be disposed of pending entry of an order for support of a dependent child by the district court.

      2.  The chief shall file an affidavit in the case record that:

      (a) States the reasons he believes the parent is about to dispose of the property; and

      (b) Includes a legal description of the property.

      3.  If the parent furnishes a good and sufficient bond that is satisfactory to the court, the temporary restraining order must be vacated.


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

ê1989 Statutes of Nevada, Page 1641 (Chapter 711, AB 758)ê

 

      4.  A certified copy of an order entered pursuant to this section may be recorded in the same manner as a notice of lis pendens pursuant to paragraph (h) of subsection 1 of NRS 247.120.

      Sec. 21.  1.  The chief may proceed pursuant to sections 7 to 25, inclusive, of this act, after:

      (a) Payment of public assistance by the division.

      (b) Receipt of an application for services for enforcement pursuant to NRS 125B.150 by a person who is not receiving public assistance.

      (c) Receipt of a written request for enforcement of an obligation for support of a dependent child from an agency of another state responsible for administering the Federal Child Support Enforcement Program Act (42 U.S.C. §§ 651 et seq.).

      2.  Subject to approval by the district court, the hearing officer may:

      (a) Establish, modify and terminate an amount of support for a dependent child;

      (b) Require coverage for health care of a dependent child;

      (c) Establish paternity; and

      (d) Collect support for a dependent child.

      3.  The administrator, subject to the approval of the state welfare board, may adopt such regulations and take such actions as are necessary to carry out the provisions of sections 7 to 25, inclusive, of this act.

      Secs. 22 and 23.  (Deleted by amendment.)

      Sec. 24.  The hearing office may certify a proceeding to establish an order for support of a dependent child or arrearages to the district court if the issues are complex or beyond the competence of the hearing officer. The hearing officer shall enter a temporary support order in such cases. The temporary support must be paid to the district court and held until final resolution of the case.

      Sec. 25.  1.  In a proceeding certified to the district court pursuant to the provisions of section 16, 17, 20 or 24 of this act, the plaintiff or petitioner must be represented by the district attorney of the county in which the district court sits.

      2.  Except as provided in subsection 1, the case may be presented by an employee of the program or the office of the district attorney.

      Sec. 26.  NRS 425.260 is hereby amended to read as follows:

      425.260  As used in [NRS 425.260 to 425.440, inclusive,] this chapter, unless the context otherwise requires, the words and terms defined in NRS 425.270 to 425.330, inclusive, and sections 2 to 6, inclusive of this act, have the meanings ascribed to them in those sections.

      Sec. 27.  NRS 425.270 is hereby amended to read as follows:

      425.270  “Administrator” means the state welfare administrator [.] or his representative.

      Sec. 28.  NRS 425.290 is hereby amended to read as follows:

      425.290  “Court order” means any judgment , decree or order of a court [of competent jurisdiction of the State of Nevada or an order of a court of comparable jurisdiction of another state ordering] of this or any state having jurisdiction that orders the payment of a set or determinable amount of support money.


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

ê1989 Statutes of Nevada, Page 1642 (Chapter 711, AB 758)ê

 

      Sec. 29.  NRS 425.300 is hereby amended to read as follows:

      425.300  “Dependent child” means any person, who is not otherwise emancipated, self-supporting or a member of the Armed Forces of the United States, who is:

      1.  Under the age of [21 years and who is receiving or has received assistance from the division pursuant to Title 38 of NRS; or

      2.  Under the age of 18 years and for whom the division is required to secure support or establish paternity.] 18 years; or

      2.  Under 19 years of age and who is a student in high school.

      Sec. 30.  NRS 3.405 is hereby amended to read as follows:

      3.405  1.  In an action to establish paternity the court may appoint a master to take testimony and recommend orders.

      2.  The court [shall] may appoint a master to hear all cases in a county to establish or enforce an obligation for the support of a child . [unless the district attorney obtains an exemption pursuant to subsection 5.]

      3.  The master must be an attorney licensed to practice in this state. The master:

      (a) Shall take testimony and establish a record;

      (b) In complex cases shall issue temporary orders for support pending resolution of the case;

      (c) Shall make findings of fact, conclusions of law and recommendations for the establishment and enforcement of an order;

      (d) May accept voluntary acknowledgments of paternity or liability for support and stipulated agreements setting the amount of support;

      (e) May, subject to confirmation by the district court, enter default orders against a responsible parent who does not respond to a notice or service within the required time; and

      (f) Has any other power or duty contained in the order of reference issued by the court.

If the temporary order for support is issued in an action to establish paternity, the master shall order that the support be paid to the clerk of the court pending resolution of the case.

      4.  The findings of fact, conclusions of law and recommendations of the master must be furnished to each party or his attorney at the conclusion of the proceeding or as soon thereafter as possible. Within 10 days after receipt of the findings of fact, conclusions of law and recommendations, either party may file with the court and serve upon the other party written objections to the report. If no objection is filed, the court shall accept the findings of fact, unless clearly erroneous, and the judgment may be entered thereon. If an objection is filed within the 10-day period, the court shall review the matter upon notice and motion.

      [5.  The welfare division may exempt any county from the requirements of subsection 2 upon application to the welfare division by the district attorney of that county. The exemption must comply with the requirements of the Federal Government concerning proceedings for the collection of an obligation of support.]

      Sec. 31.  NRS 125B.150 is hereby amended to read as follows:

      125B.150  1.  The district attorney of the county of residence of the child or a nonsupporting parent shall take such action as is necessary to establish parentage of the child and locate and take legal action against a deserting or nonsupporting parent of the child when requested to do so by the custodial parent or a public agency which provides assistance to the parent or child.


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

ê1989 Statutes of Nevada, Page 1643 (Chapter 711, AB 758)ê

 

parentage of the child and locate and take legal action against a deserting or nonsupporting parent of the child when requested to do so by the custodial parent or a public agency which provides assistance to the parent or child. If the court for cause transfers the action to another county, the clerk of the receiving court shall notify the district attorney of that county, and that district attorney shall proceed to prosecute the cause of action and take such further action as is necessary to establish parentage and the obligation of support and to enforce the payment of support pursuant to this chapter or chapter 31A, 126 , [or] 130 or 425 of NRS.

      2.  In a county where the district attorney has deputies to aid him in the performance of his duties, the district attorney shall designate himself or a particular deputy as responsible for performing the duties imposed by subsection 1.

      3.  The district attorney and his deputies do not represent the parent or the child in the performance of their duties pursuant to this chapter and chapter 31A, 126 , 130 or 425 of NRS, but are rendering a public service as representatives of the state.

      4.  Except as otherwise provided in subsections 5 and 6, a privilege between lawyer and client arises between the parent or child to whom the public service is rendered and the district attorney.

      5.  Officials of the welfare division of the department of human resources are entitled to access to the information obtained by the district attorney if that information is relevant to the performance of their duties. The district attorney or his deputy shall inform each person who provides information pursuant to this section concerning the limitations on the privilege between lawyer and client under these circumstances.

      6.  Disclosures of criminal activity by a parent or child are not privileged.

      7.  The district attorney shall inform each parent who applies for his assistance in this regard that a procedure is available to collect unpaid support from any refund owed to the deserting or nonsupporting parent because an excessive amount of money was withheld to pay his federal income tax. The district attorney shall submit to the welfare division all documents and information it requires to pursue such a collection if:

      (a) The applicant is not receiving public assistance.

      (b) The district attorney has in his records:

             (1) A copy of the order of support for a child and any modifications of the order which specify their date of issuance and the amount of the ordered support;

             (2) A copy of a record of payments received or, if no such record is available, an affidavit signed by the custodial parent attesting to the amount of support owed; and

             (3) The current address of the custodial parent.

      (c) From the records in his possession, the district attorney has reason to believe that the amount of unpaid support is not less than $500.

Before submitting the documents and information to the welfare division, the district attorney shall verify the accuracy of the documents submitted relating to the amount claimed as unpaid support and the name and social security number of the deserting or nonsupporting parent. If the district attorney has verified this information previously, he need not reverify it before submitting it to the welfare division.


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

ê1989 Statutes of Nevada, Page 1644 (Chapter 711, AB 758)ê

 

verified this information previously, he need not reverify it before submitting it to the welfare division.

      8.  The welfare division shall adopt such regulations as are necessary to carry out the provisions of subsection 7.

      Sec. 32.  NRS 440.325 is hereby amended to read as follows:

      440.325  1.  In the case of the paternity of a child being established by the [mother] :

      (a) Mother and father acknowledging paternity of a child by affidavit [,] ; or

      (b) Order of a district court,

the state registrar, upon the receipt of the affidavit or court order, shall prepare a new certificate of birth in the name of the child as shown in the affidavit or order with no reference to the fact of legitimation.

      2.  The new certificate [shall] must be identical with the certificate registered for the birth of a child born in wedlock.

      3.  The evidence upon which the new certificate was made and the original certificate [shall] must be sealed and filed and may be opened only upon the order of a court of competent jurisdiction.

      Sec. 33.  The administrator, subject to the approval of the state welfare board, may, by regulation, adopt the provisions of this act before the effective date of the act.

      Sec. 34.  1.  This section and section 33 of this act become effective upon passage and approval.

      2.  Sections 1 to 32, inclusive of this act become effective on July 1, 1991.

 

________

 

 

CHAPTER 712, AB 955

Assembly Bill No. 955–Committee on Government Affairs

CHAPTER 712

AN ACT relating to juries; extending to the district court in each county the authority to designate a jury commissioner empowered to select jurors from a computerized list; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 6.045 is hereby amended to read as follows:

      6.045  1.  The district court [in and for any county with a population of 100,000 or more,] may by rule of court designate the clerk of the court, one of his deputies or another person as a jury commissioner, and may assign to the jury commissioner such administrative duties in connection with trial juries and jurors as the court finds desirable for efficient administration.

      2.  If a jury commissioner is so selected, he shall from time to time estimate the number of trial jurors which will be required for attendance on the district court and shall select that number from the qualified electors of the county not exempt by law from jury duty, whether registered as voters or not. The jurors may be selected by computer whenever procedures to assure random selection from computerized lists are established by the jury commissioner.


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

ê1989 Statutes of Nevada, Page 1645 (Chapter 712, AB 955)ê

 

random selection from computerized lists are established by the jury commissioner. He shall keep a record of the name, occupation and address of each person selected.

 

________

 

 

CHAPTER 713, AB 938

Assembly Bill No. 938–Committee on Judiciary

CHAPTER 713

AN ACT relating to estates in property; requiring that an instrument conveying real property contain the mailing address of the grantee and the assessor’s parcel number of the property; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 111 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The county recorder shall not record any conveyance of real property or instrument in writing setting forth an agreement to convey real property unless it contains the mailing address of the grantee and the assessor’s parcel number of the property, if the county assessor has assigned a parcel number to the property. The county recorder is not required to verify that the assessor’s parcel number is correct.

      2.  The assessor’s parcel number shall not be deemed to be a complete legal description of the real property conveyed.

      Sec. 2.  NRS 111.310 is hereby amended to read as follows:

      111.310  1.  [A] Except as otherwise provided in section 1 of this act, a certificate of the acknowledgment of any conveyance or other instrument in any way affecting the title to real or personal property, or the proof of the execution thereof, as provided in this chapter, signed by the person taking the same, and under the seal or stamp of [such] that person, if [such person] he is required by law to have a seal or stamp, [shall entitle such] entitles the conveyance or instrument, with the certificate or certificates, to be recorded in the office of the recorder of any county in this state.

      2.  Any state or United States contract or patent for land may be recorded without any acknowledgment or proof.

      Sec. 3.  NRS 247.180 is hereby amended to read as follows:

      247.180  [Whenever] Except as otherwise provided in section 1 of this act, whenever an instrument conveying, encumbering or mortgaging both real and personal property [shall be] is presented to any county recorder for recording, the county recorder shall record [such] the instrument in a book kept by him for that purpose, which record must be indexed in the real estate index as deeds and other conveyances are required by law to be indexed, and for which he may receive the same fees as are allowed by law for recording and indexing deeds and other instruments, but only one fee for the recording of [such instruments shall] any instrument may be collected.


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

ê1989 Statutes of Nevada, Page 1646 (Chapter 713, AB 938)ê

 

      Sec. 4.  NRS 111.313 is hereby repealed.

 

________

 

 

CHAPTER 714, AB 906

Assembly Bill No. 906–Assemblyman Sheerin

CHAPTER 714

AN ACT relating to county public defenders; restricting the establishment by certain counties of the office of county public defender; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 260.010 is hereby amended to read as follows:

      260.010  1.  In counties [having a population of] whose population is 100,000 or more, the boards of county commissioners shall create by ordinance the office of public defender. [In]

      2.  Except as otherwise provided by subsections 3 and 4, in counties [having a population of less] whose population is less than 100,000, boards of county commissioners [shall have the power and jurisdiction] may in their respective counties [to] create by ordinance , at the beginning of a fiscal year, the office of public defender.

      [2.] 3.  After the state public defender has received a biennial authorization from the legislature to collect certain contributions for his services from designated counties, no such county may create the office of county public defender before July 1 of the succeeding year.

      4.  If the board of county commissioners of any county intends to create the office of county public defender, the board shall provide written notice of its intention to the state public defender on or before April 1 of that year.

      5.  The office of public defender when created [shall] must be filled by appointment by the board of county commissioners.

      [3.] 6.  The public defender [shall serve] serves at the pleasure of the board of county commissioners.

 

________


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

ê1989 Statutes of Nevada, Page 1647ê

 

CHAPTER 715, AB 899

Assembly Bill No. 899–Committee on Government Affairs

CHAPTER 715

AN ACT relating to state employees; authorizing persons who hold positions in the executive branch of government to work for the legislature during a legislative session without losing certain benefits; expanding eligibility to transfer from a position in the legislative branch of government to a position in the classified service; authorizing employees in the unclassified service of the executive branch of government to transfer to the classified service under the same conditions as legislative employees; placing certain restrictions on such transfers; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 284.295 is hereby amended to read as follows:

      284.295  1.  Vacancies in positions must be filled, so far as practicable, by promotion within a department or agency from among persons holding positions in the classified service. Promotions must be based upon merit and fitness, to be ascertained in accordance with regulations established by the director . [; and in] In such regulations the employee’s efficiency, character, conduct and length of service must all constitute factors. For the purposes of this subsection, a person employed by the legislative branch of government pursuant to subsection 5 of NRS 284.3775 shall be deemed to hold the position he held before the legislative session.

      2.  Eligibility for promotion must be determined on recommendation of the appointing authority and certification by the director that the employee meets the minimum requirements and demonstrates his qualifications in accordance with regulations established by the director.

      3.  The director may provide, in specific cases, for competitive promotional examinations among employees of departments other than that in which a particular vacancy in a higher classification may exist.

      4.  An advancement in rank or grade or an increase in salary beyond the maximum fixed for the class constitutes a promotion.

      Sec. 2.  NRS 284.360 is hereby amended to read as follows:

      284.360  1.  Any person holding a permanent position in the classified service may be granted a leave of absence without pay. Leave of absence may be granted to any person holding a position in the classified service to permit acceptance of an appointive position in the unclassified service . [or a position in the legislative branch.] Leave of absence must be granted to any person holding a position in the classified service to permit acceptance of a position in the legislative branch during a regular or special session of the legislature, including a reasonable period before and after the session if the entire period of employment in the legislative branch is continuous.

      2.  If a person is granted a leave of absence without pay to permit acceptance of an appointive position in the unclassified service or a position in the legislative branch, any benefits earned while he is in the:

      (a) Classified service are retained and must be paid by the employer in the classified service, whether or not the person returns to the classified service.


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

ê1989 Statutes of Nevada, Page 1648 (Chapter 715, AB 899)ê

 

      (b) Unclassified service or employed by the legislative branch are retained and must be paid by the appointing authority in the unclassified service or by the legislative branch, if he does not return to the classified service, or by the employer in the classified service, if he returns to the classified service.

      3.  Any person in the unclassified service, except members of the academic staff of the University of Nevada System, may be granted by the appointing authority a leave of absence without pay for a period not to exceed 6 months.

      4.  Officers and members of the faculty of the University of Nevada System may be granted leaves of absence without pay as provided by the regulations prescribed pursuant to subsection 2 of NRS 284.345.

      Sec. 3.  NRS 284.3775 is hereby amended to read as follows:

      284.3775  [Employees]

      1.  Except as otherwise provided in this section, employees of the supreme court [or] , employees in the unclassified service of the executive branch of the government of the State of Nevada, or employees of the legislative branch of the government of the State of Nevada who have served for [2 consecutive years] 4 consecutive months or more are entitled to transfer to a position having similar duties and compensation in the classified service of the state on the same basis as employees may transfer within the classified service from a position under one appointing authority to a position under another appointing authority. The benefit conferred by this [section] subsection includes any exemption from the taking of a competitive examination, retention of credits for annual and sick leave and longevity, and priority on the lists of eligible persons to the extent that such privileges are accorded to employees transferring within the classified service.

      2.  Except as otherwise provided in subsection 4, the benefits conferred by subsection 1 do not apply to an employee in the unclassified service who is the chief officer of a department or division.

      3.  Except as otherwise provided in this subsection and subsection 4, a person may not transfer pursuant to subsection 1 to a class composed of:

      (a) Professionally qualified persons; or

      (b) Officers and administrators who set broad policies and exercise responsibility for the execution of those policies.

A person may transfer to a class described in paragraph (a) or (b) if that class is provided pursuant to subsection 2 of NRS 284.155.

      4.  The restrictions provided in subsections 2 and 3 do not apply to an employee of the supreme court, an employee in the unclassified service of the executive branch of government or an employee of the legislative branch of government whose appointment to that position was immediately preceded by an appointment in the classified service, except that such an employee may only transfer to a position in the classified service that has duties and compensation that are similar either to his current position or to a position he previously held in the classified service.

      5.  An employee in the classified service of the state who is granted leave without pay to accept a position in the legislative branch of government during a regular or special session:

      (a) Is entitled to be restored to his previous position in the classified service upon the completion of the legislative session without loss of seniority or benefits. Seniority must be calculated as if he had not taken the leave.


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

ê1989 Statutes of Nevada, Page 1649 (Chapter 715, AB 899)ê

 

      (b) Is eligible to fill vacancies in positions within the classified service to the extent that he would be eligible if he was not on leave from his position in the classified service.

      Sec. 4.  This act becomes effective upon passage and approval, and applies to employees hired for the 65th session of the Nevada legislature.

 

________

 

 

CHAPTER 716, AB 884

Assembly Bill No. 884–Committee on Judiciary

CHAPTER 716

AN ACT relating to administrative law; specifying the time for filing a petition and cross-petition for judicial review; specifying the procedure for applying for a stay of the final decision of an administrative agency; exempting the state engineer from certain requirements; allowing presentation of additional evidence under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 233B of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  Within 30 days after the service of the petition for judicial review or such time as is allowed by the court, the agency that rendered the decision which is the subject of the petition shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review, including a transcript of the evidence resulting in the final decision of the agency. The record may be shortened by stipulation of the parties to the proceedings. A party unreasonably refusing to stipulate to limit the record, as determined by the court, may be assessed by the court any additional costs. The court may require or permit subsequent corrections or additions to the record.

      2.  If, before submission to the court, an application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence and any rebuttal evidence be taken before the agency upon such conditions as the court determines.

      3.  After receipt of any additional evidence, the agency:

      (a) May modify its findings and decision; and

      (b) Shall file the evidence and any modifications, new findings or decisions with the reviewing court.

      Sec. 3.  1.  A petitioner or cross-petitioner who is seeking judicial review must serve and file a memorandum of points and authorities within 40 days after the agency gives written notice to the parties that the record of the proceeding under review has been filed with the court.


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

ê1989 Statutes of Nevada, Page 1650 (Chapter 716, AB 884)ê

 

      2.  The respondent or cross-petitioner shall serve and file a reply memorandum of points and authorities within 30 days after service of the memorandum of points and authorities.

      3.  The petitioner or cross-petitioner may serve and file reply memoranda of points and authorities within 30 days after service of the reply memorandum.

      4.  Within 7 days after the expiration of the time within which the petitioner is required to reply, any party may request a hearing. Unless a request for hearing has been filed, the matter shall be deemed submitted.

      5.  All memoranda of points and authorities filed in proceedings involving petitions for judicial review must be in the form provided for appellate briefs in Rule 28 of the Nevada Rules of Appellate Procedure.

      6.  The court, for good cause, may extend the times allowed in this section for filing memoranda.

      Sec. 4.  1.  Judicial review of a final decision of an agency must be:

      (a) Conducted by the court without a jury; and

      (b) Confined to the record.

In cases concerning alleged irregularities in procedure before an agency that are not shown in the record, the court may receive evidence concerning the irregularities.

      2.  The final decision of the agency shall be deemed reasonable and lawful until reversed or set aside in whole or in part by the court. The burden of proof is on the party attacking or resisting the decision to show that the final decision is invalid pursuant to subsection 3.

      3.  The court shall not substitute its judgment for that of the agency as to the weight of evidence on a question of fact. The court may remand or affirm the final decision or set it aside in whole or in part if substantial rights of the petitioner have been prejudiced because the final decision of the agency is:

      (a) In violation of constitutional or statutory provisions;

      (b) In excess of the statutory authority of the agency;

      (c) Made upon unlawful procedure;

      (d) Affected by other error of law;

      (e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

      (f) Arbitrary or capricious or characterized by abuse of discretion.

      Sec. 5.  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.

      (j) The office of the state engineer.


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

ê1989 Statutes of Nevada, Page 1651 (Chapter 716, AB 884)ê

 

      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;

      (c) Chapter 703 of NRS for the judicial review of decisions of the public service commission of Nevada; and

      (d) Chapter 91 of NRS 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. 6.  NRS 233B.130 is hereby amended to read as follows:

      233B.130  1.  Any [party aggrieved by a final decision in a contested case is entitled to judicial review thereof under this chapter. Where appeal is provided within an agency, only the decision at the highest agency level is reviewable unless otherwise provided by statute. This chapter does not limit utilization of trial de novo to review a final decision where provided by statute, but this chapter provides an alternative means of review in those cases. Any preliminary, procedural or intermediate act or ruling by an agency is immediately reviewable in any case in which review of the agency’s final decision would not provide an adequate remedy.

      2.  Unless limited by a specific statute, proceedings for review may be instituted by filing a petition in the district court in and for Carson City, in and for the county in which the aggrieved party resides, or in and for the county where the act on which the proceeding is based occurred. Unless otherwise provided by specific statute, a petition must be filed within 30 days after the service of the final decision of the agency or, if a rehearing is held, within 30 days after the decision thereon. Copies of the petition must be served upon the agency and all other parties of record.] person who is:

      (a) Identified as a party of record by an agency in an administrative proceeding; and

      (b) Aggrieved by a final decision in a contested case, is entitled to judicial review of the decision.


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ê1989 Statutes of Nevada, Page 1652 (Chapter 716, AB 884)ê

 

is entitled to judicial review of the decision. Where appeal is provided within an agency, only the decision at the highest level is reviewable unless a decision made at a lower level in the agency is made final by statute. Any preliminary, procedural or intermediate act or ruling by an agency in a contested case is reviewable if the final decision of the agency would not provide an adequate remedy.

      2.  Petitions for judicial review must:

      (a) Name as respondents the agency and all parties of record to the administrative proceeding;

      (b) Be instituted by filing a petition in the district court in and for Carson City, in and for the county in which the aggrieved party resides or in and for the county where the agency proceeding occurred; and

      (c) Be filed within 30 days after service of the final decision of the agency. Cross-petitions for judicial review must be filed within 10 days after service of a petition for judicial review.

      3.  The agency and any party desiring to participate in the judicial review must file a statement of intent to participate in the petition for judicial review and serve the statement upon the agency and every party within 20 days after service of the petition.

      4.  A petition for rehearing or reconsideration must be filed within 15 days after the date of service of the final decision. An order granting or denying the petition must be served on all parties at least 5 days before the expiration of the time for filing the petition for judicial review. If the petition is granted, the subsequent order shall be deemed the final order for the purpose of judicial review.

      5.  The petition for judicial review and any cross-petitions for judicial review must be served upon the agency and every party within 45 days after the filing of the petition, unless, upon a showing of good cause, the court extends the time for such service.

      6.  The provisions of this chapter are the exclusive means of judicial review of, or judicial action concerning a final decision in a contested case involving an agency to which this chapter applies.

      Sec. 7.  NRS 233B.140 is hereby amended to read as follows:

      233B.140  1.  [The filing of the petition does not itself stay enforcement of the agency decision, unless expressly so provided by statute. The agency may grant, or the reviewing court may order, a stay upon appropriate terms.

      2.  Within 30 days after the service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may by taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.

      3.  If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.


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ê1989 Statutes of Nevada, Page 1653 (Chapter 716, AB 884)ê

 

reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.

      4.  The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.

      5.  The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:

      (a) In violation of constitutional or statutory provisions;

      (b) In excess of the statutory authority of the agency;

      (c) Made upon unlawful procedure;

      (d) Affected by other error of law;

      (e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

      (f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.] A petitioner who applies for a stay of the final decision in a contested case shall file and serve a written motion for the stay on the agency and all parties of record to the proceeding at the time of filing the petition for judicial review.

      2.  In determining whether to grant a stay, the court shall consider the same factors as are considered for a preliminary injunction under Rule 65 of the Nevada Rules of Civil Procedure.

      3.  In making a ruling, the court shall:

      (a) Give deference to the trier of fact; and

      (b) Consider the risk to the public, if any, of staying the administrative decision.

The petitioner must provide security before the court may issue a stay.

      Sec. 8.  NRS 284.390 is hereby amended to read as follows:

      284.390  1.  Within 10 working days after the effective date of his dismissal, demotion or suspension pursuant to NRS 284.385, an employee who has been dismissed, demoted or suspended may request in writing a hearing before the hearing officer of the department to determine the reasonableness of the action. The request may be made by mail and shall be deemed timely if it is postmarked within 10 working days after the effective date of the employee’s dismissal, demotion or suspension.

      2.  The hearing officer shall grant the employee a hearing within 20 working days after receipt of the employee’s written request unless the time limitation is waived, in writing, by the employee or there is a conflict with the hearing calendar of the hearing officer, in which case the hearing must be scheduled for the earliest possible date after the expiration of the 20 days.

      3.  Technical rules of evidence do not apply at the hearing.

      4.  After the hearing and consideration of the evidence, the hearing officer shall render his decision in writing, setting forth the reasons therefor.

      5.  If the hearing officer determines that the dismissal, demotion or suspension was without just cause as provided in NRS 284.385, the action must be set aside and the employee must be reinstated, with full pay for the period of dismissal, demotion or suspension.


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ê1989 Statutes of Nevada, Page 1654 (Chapter 716, AB 884)ê

 

set aside and the employee must be reinstated, with full pay for the period of dismissal, demotion or suspension.

      6.  The decision of the hearing officer is binding on the parties.

      7.  Any petition for judicial review of the decision of the hearing officer must be filed [within 30 working days after service of the decision.] in accordance with the provisions of chapter 233B of NRS.

      Sec. 9.  NRS 426.610 is hereby amended to read as follows:

      426.610  1.  [If any applicant for or recipient of services to the blind is dissatisfied with any action taken by, or failure to act on the part of, the bureau in respect to his case, he shall have the right of appeal to the department and the right to be represented in such appeal by his counsel or agent.

      2.  The department shall provide an opportunity for a fair hearing of such individual’s appeal and shall review his case in all matters in respect to which he is dissatisfied.

      3.  If such individual feels himself aggrieved by the decision of the department in respect to his case he shall have the right, at any time within 90 days after the mailing to him of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the department, a copy of which shall be certified as correct by the director and filed by the department with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the department or, if it concludes that the findings of the department are not supported by evidence or that the department’s decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the department for further proceedings in conformity with the decision of the court.] An applicant for or recipient of services to the blind who is aggrieved by an act, determination or omission of the bureau is entitled, in accordance with regulations, to a fair hearing before a hearing officer.

      2.  A person aggrieved by the decision of a hearing officer is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.

      Sec. 10.  NRS 453.286 is hereby amended to read as follows:

      453.286  All final determinations, findings and conclusions of the board or division under the provisions of NRS 453.011 to 453.552, inclusive, are final and conclusive decisions of the matters involved. Any person aggrieved by the decision [may obtain review of the decision in the district court in the county of his residence.] is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS. Findings of fact by the board or division, if supported by substantial evidence, are conclusive.

      Sec. 11.  NRS 483.520 is hereby amended to read as follows:

      483.520  Any person denied a license or whose license has been canceled, suspended or revoked by the department [shall have the right to file a petition within 30 days thereafter for a hearing in the matter in the district court in the county wherein such person shall reside, and such court is hereby vested with jurisdiction and it shall set the matter for hearing upon 30 days’ written notice to the administrator, and thereupon shall take testimony and examine into the facts resulting in the action by the department and shall determine whether the petitioner is entitled to a license or is subject to suspension, cancellation or revocation of license under the provisions of NRS 483.010 to 483.630, inclusive.]


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ê1989 Statutes of Nevada, Page 1655 (Chapter 716, AB 884)ê

 

petitioner is entitled to a license or is subject to suspension, cancellation or revocation of license under the provisions of NRS 483.010 to 483.630, inclusive.] is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.

      Sec. 12.  NRS 484.387 is hereby amended to read as follows:

      484.387  1.  At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484.385, he may request in writing a hearing by the department to review the order of revocation, but he is only entitled to one hearing. The hearing must be conducted within 15 days after receipt of the request, or as soon thereafter as is practicable, in the county where the requester resides unless the parties agree otherwise. The director or his agent may issue subpenas for the attendance of witnesses and the production of relevant books and papers and may require a re-examination of the requester. The department shall issue an additional temporary license for a period which is sufficient to complete the administrative review.

      2.  The scope of the hearing must be limited to the issue whether the person failed to submit to a test or had 0.10 percent or more by weight of alcohol in his blood at the time of the test. Upon an affirmative finding on this issue, the department shall affirm the order of revocation. If a negative finding is made on the issue, the order of revocation must be rescinded.

      3.  If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issue in district court in the same manner as provided by chapter 233B of NRS. [Copies of the petition for judicial review must be served upon the agency and all parties of record within 60 days after the date on which the petition is filed with the district court. The reviewing court may issue a stay of the revocation upon appropriate terms if a substantial question is presented for review which is supported by affidavits or relevant portions of the record of the hearing.] The court shall notify the department upon the issuance of a stay and the department shall issue an additional temporary license for a period which is sufficient to complete the review.

      4.  If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the department, and the department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.

      Sec. 13.  NRS 485.140 is hereby amended to read as follows:

      485.140  Any person aggrieved by a final decision in a contested case before the division under this chapter [must file a petition in the appropriate district court within 10 days after the decision is rendered to be] is entitled to judicial review of the decision [.] in the manner provided by chapter 233B of NRS.

      Sec. 14.  NRS 584.210 is hereby amended to read as follows:

      584.210  1.  Whenever the health division of the department of human resources has reasonable grounds to believe that any applicant or permittee under NRS 584.180 to 584.210, inclusive, is violating any of the provisions of those sections, or any of the rules, regulations or specifications promulgated by the state board of health relative to the sanitation and grading of milk and milk products, or whenever the results of tests indicate that the facilities, milk or milk products do not meet those regulations or are not reliable or are questionable, or when the health division determines that the operation in any other manner is inimical and not for the best interests of the health, safety or welfare of the people of this state, the health division of the department of human resources may, after a hearing, refuse to grant a permit or suspend or revoke any or all permits previously issued.


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

ê1989 Statutes of Nevada, Page 1656 (Chapter 716, AB 884)ê

 

and milk products, or whenever the results of tests indicate that the facilities, milk or milk products do not meet those regulations or are not reliable or are questionable, or when the health division determines that the operation in any other manner is inimical and not for the best interests of the health, safety or welfare of the people of this state, the health division of the department of human resources may, after a hearing, refuse to grant a permit or suspend or revoke any or all permits previously issued.

      2.  The health division shall cite the permittee, upon notice stating reasons and given not less than 10 days before the date set for the hearing, to appear and show cause, if any he has, why the permit should not be revoked or suspended.

      3.  The health division may conduct the investigations, summon and compel the attendance of witnesses, require the production of any records or documents, and provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with such hearings.

      4.  If, upon hearing, the health division is satisfied that the violation charged is true, or if the licensee fails to appear and show cause, the health division may revoke or suspend the permit summarily.

      5.  The findings of the health division and the judgment or order must be reduced to writing and filed in the permanent public records of the health division. The findings must state the reasons why the application for a permit was disapproved or the permit was suspended or revoked. Copies must be furnished to the applicant or permittee who may, within 15 days after the denial, suspension or revocation of the permit, file an appeal with the state board of health. [Within 30 days after the final decision of the board, he may file for judicial review thereof in the district court of the county wherein he resides or has, or intends to have, his principal place of business within this state.] The applicant or permittee is entitled to judicial review of the decision of the board in the manner provided by chapter 233B of NRS. Upon the filing for appeal or review, the enforcement of the health division’s order must be stayed pending final disposition of the matter. If the order is judicially affirmed, it becomes final and the stay of enforcement is automatically vacated.

      6.  In any case where the health division refuses to issue a permit, or suspends or revokes a permit, the applicant or accused is entitled to submit another application for the consideration of the health division.

      Sec. 15.  NRS 590.605 is hereby amended to read as follows:

      590.605  1.  Whenever the board has reasonable grounds to believe that any applicant or licensee under NRS 590.465 to 590.645, inclusive, is violating any of the provisions of NRS 590.465 to 590.645, inclusive, or regulations or specifications adopted hereunder, or is violating or failing to comply with any of the health and safety laws or regulations in force in this state, or is acting or conducting his operations in any other manner which the board deems to be inimical and not to the best interests of the health, safety or welfare of the people of this state, the board may, after a hearing, suspend or revoke any or all licenses previously issued under the provisions of NRS 590.465 to 590.645, inclusive. If the board has reasonable grounds to believe that a licensee is delivering a lesser quantity of gas than he bills the customer for with the intent to defraud, such fact [shall] must be reported to the state sealer of weights and measures.


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

ê1989 Statutes of Nevada, Page 1657 (Chapter 716, AB 884)ê

 

for with the intent to defraud, such fact [shall] must be reported to the state sealer of weights and measures.

      2.  The board shall cite the licensee, upon notice, stating reasons and given not less than 10 days [prior to] before the date set for the hearing, to appear and show cause, if any he has, why the license should not be revoked or suspended.

      3.  The board may conduct investigations, summon and compel the attendance of witnesses, require the production of any records or documents and provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with such hearings.

      4.  If, upon hearing, the board is satisfied that the violation charged is true, or if the licensee fails to appear and show cause, the board may revoke or suspend the license summarily.

      5.  The findings of the board, the judgment and the order [shall] must be reduced to writing and filed in the permanent public records of the board. Copies [shall] must be furnished to the licensee. A licensee [who petitions for] is entitled to judicial review [is entitled to a trial de novo, and enforcement] of the order in the manner provided by chapter 233B of NRS. Enforcement of the board’s order [shall] must be stayed until judicial review is completed.

      6.  In any case where the board refuses to issue a license, or suspends or revokes a license, the applicant or accused may submit another application for the consideration of the board.

      Sec. 16.  NRS 615.280 is hereby amended to read as follows:

      615.280  1.  Any person applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the bureau with respect to him is entitled, in accordance with regulations, to a fair hearing before [the bureau.

      2.  If after the hearing the person feels himself aggrieved by the decision of the bureau in respect to his case he is entitled, at any time within 90 days after the mailing to him of written notice of the decision, to petition the district court of the judicial district in which he resides to review the decision and the district court has jurisdiction to review the decision on the record of the case before the bureau. A copy of the record must be certified as correct by the chief and filed by the bureau with the clerk of the court as part of its answer to a petition for review.

      3.  The district court shall either affirm the decision of the bureau, or, if it concludes that the findings of the bureau are not supported by evidence or that the bureau’s decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the bureau for further proceedings in conformity with the decision of the court.] a hearing officer.

      2.  A person aggrieved by the decision of a hearing officer is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.

      Sec. 17.  NRS 616.387 is hereby amended to read as follows:

      616.387  1.  If an employer objects to the amount of a dividend distributed to him, he may request the commissioner to review the amount within 30 days after the determination is made.


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ê1989 Statutes of Nevada, Page 1658 (Chapter 716, AB 884)ê

 

      2.  If an employer does not request a review within 30 days, he loses his right to object to the amount distributed.

      3.  The commissioner shall not substitute his judgment for that of the manager as to the weight of the evidence on questions of fact.

      4.  For the purpose of [NRS 233B.130,] chapter 233B of NRS, the decision of the commissioner is a final decision.

      Sec. 18.  NRS 633.671 is hereby amended to read as follows:

      633.671  1.  Any person who has been placed on probation or whose license has been limited, suspended or revoked by the board is entitled to judicial review of the board’s order as provided by law.

      2.  Every order of the board which limits the practice of medicine or suspends or revokes a license is effective from the date the secretary certifies the order until the date the order is modified or reversed by a final judgment of the court. [The court shall not stay the order of the board unless the board has failed to comply with the procedural requirements provided for in NRS 233B.140.]

      3.  The district court shall give a petition for judicial review of the board’s order priority over other civil matters which are not expressly given priority by law.

      Sec. 19.  NRS 634.200 is hereby amended to read as follows:

      634.200  1.  Any person who has been placed on probation or whose license has been limited, suspended or revoked by the board is entitled to judicial review of the board’s order.

      2.  Every order of the board which limits the practice of chiropractic or suspends or revokes a license is effective from the date the secretary certifies the order to the proper county recorder until the order is modified or reversed by a final judgment of the court. [The court shall not stay the order of the board unless the board has failed to comply with the procedural requirements provided for in NRS 233B.140.]

      3.  The district court shall give a petition for judicial review of the board’s order priority over other civil matters which are not expressly given that priority by law.

      Sec. 20.  NRS 638.148 is hereby amended to read as follows:

      638.148  1.  Any person against whom disciplinary action has been taken by the board is entitled to judicial review of the board’s order.

      2.  Every order of the board imposing a sanction pursuant to NRS 638.147 is effective from the date the president and executive secretary certify the order until the date the order is modified or reversed by a final judgment of the court. [The court shall not stay the order of the board unless the board has failed to comply with the procedural requirements provided in NRS 233B.140.]

      3.  The district court shall give a petition for judicial review of the board’s order priority over other civil matters which are not expressly given priority by law.

      Sec. 21.  NRS 639.2535 is hereby amended to read as follows:

      639.2535  1.  Every order of the board which limits the practice of pharmacy of any privileges extended by any certificate, permit, registration or license is effective until the date the order is modified or reversed by a final judgment of the reviewing court. [The court shall not stay the order of the board unless the board has failed to comply with the procedural requirements provided for in NRS 233B.140.]

 


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ê1989 Statutes of Nevada, Page 1659 (Chapter 716, AB 884)ê

 

board unless the board has failed to comply with the procedural requirements provided for in NRS 233B.140.]

      2.  The district court shall give a petition for judicial review of the board’s order priority over other civil matters which are not expressly given priority by law.

      Sec. 22.  NRS 641.312 is hereby amended to read as follows:

      641.312  1.  Any person who has been placed on probation or whose certificate has been limited, suspended or revoked is entitled to judicial review of the order.

      2.  Every order which limits the practice of psychology or suspends or revokes a certificate is effective from the date the board certifies the order until the date the order is modified or reversed by a final judgment of the court. [The court shall not stay the order unless the board, a panel of its members or the hearing officer has failed to comply with the procedural requirements provided for in NRS 233B.140.]

      3.  The district court shall give a petition for judicial review of the order priority over other civil matters which are not expressly given priority by law.

      Sec. 23.  NRS 645.760 is hereby amended to read as follows:

      645.760  1.  A ruling or decision of the commission in any disciplinary action is final when in favor of the licensee.

      2.  If a ruling or decision is against the licensee, the licensee [may within 30 days after the date of the decision appeal therefrom to the district court in and for the county in which the party adversely affected by the decision resides or has his place of business under the terms of this chapter, by filing in the district court and serving upon the administrator personally or by certified mail a notice of the appeal, a written petition for review and a demand in writing for a certified transcript and copies of all the papers on file in the office of the division affecting or relating to the decision, and the evidence taken at the hearing. Thereupon, the division shall, within 30 days, make and certify the transcript and the copies and file them with the clerk of the court. The petition for review need not be verified but must set forth in specific detail any ground for the appeal, including any errors which the licensee contends that the commission committed at the hearing. The commission is a party to review proceedings.

      3.  The appellant’s opening brief must be filed in the district court within 30 days after the date on which the transcript is filed with the court. The respondent’s answering brief must be filed within 30 days after the appellant’s opening brief is filed. If the appellant chooses to file a reply brief, it must be filed within 10 days after the respondent’s answering brief is filed. Failure to file a brief within the time prescribed in this subsection constitutes a waiver of the right to file that brief, unless an extension is granted by the court upon a showing of good cause.

      4.  Upon the hearing of the appeal, the burden of proof is on the appellant, and the court shall consider the action of the commission from which the appeal is taken, and is limited solely to a consideration and determination of the question whether there has been an abuse of discretion on the part of the commission in making the decision.] is entitled to judicial review of the ruling or decision in the manner provided by chapter 233B of NRS.


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ê1989 Statutes of Nevada, Page 1660 (Chapter 716, AB 884)ê

 

      Sec. 24.  NRS 679B.370 is hereby amended to read as follows:

      679B.370  1.  Except as to matters arising under chapter 686B of NRS (rates and rating organizations), an appeal from the commissioner [shall] must be taken only from an order on hearing, or as to a matter on which the commissioner has refused or failed to hold a hearing after application therefor under NRS 679B.310, or as to a matter concerning which the commissioner has refused or failed to make his order on hearing as required by NRS 679B.360.

      2.  Any person who was a party to [such] a hearing or whose pecuniary interests are directly and immediately affected by any such refusal or failure, and who is aggrieved by [such] the order, refusal or failure, may petition for judicial review [of such order or any such matter within 60 days after:

      (a) The order on hearing has been mailed or delivered to the persons entitled to receive the same, or given by last publication thereof where delivery by publication is permitted;

      (b) The commissioner has refused or failed to make his order on hearing as required under NRS 679B.360; or

      (c) The commissioner has refused or failed to grant or hold a hearing as required under NRS 679B.310.

      3.  The petitioner shall file a bond with good and sufficient sureties to be approved by the court conditioned to pay all costs which may be assessed against the petitioner in such proceedings.

      4.  Unless the petition is for review of the commissioner’s order on hearing, the review shall be de novo. The court shall have the power, by preliminary order, to settle questions concerning the completeness and accuracy of the commissioner’s official record.

      5.  In its discretion, the court may remand the case to the commissioner for further proceedings in accordance with the court’s directions.] in the manner provided by chapter 233B of NRS.

      Sec. 25.  Section 8 of this act becomes effective at 12:01 a.m. on October 1, 1989.

 

________

 

 

CHAPTER 717, AB 858

Assembly Bill No. 858–Assemblyman Arberry

CHAPTER 717

AN ACT relating to health care; revising provisions governing prohibitions on the transfer or refusal of patients by hospitals and physicians; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 439B.410 is hereby amended to read as follows:

      439B.410  1.  Except as otherwise provided in subsection 4, each hospital in this state has an obligation to provide emergency [medical] services and care, including care provided by physicians and nurses, and to admit [the] a patient where appropriate, regardless of the financial status of the patient.


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ê1989 Statutes of Nevada, Page 1661 (Chapter 717, AB 858)ê

 

care, including care provided by physicians and nurses, and to admit [the] a patient where appropriate, regardless of the financial status of the patient.

      2.  Except as otherwise provided in subsection 4, it is unlawful for a hospital or a physician working in a hospital emergency room, to [refuse] :

      (a) Refuse to accept or treat a patient in need of emergency [medical] services and care ; or [to transfer]

      (b) Except when medically necessary in the judgment of the attending physician:

             (1) Transfer a patient to another hospital or health facility [because of the financial status of the patient.] unless, as documented in the patient’s records:

             (I) A determination has been made that the patient is medically fit for transfer;

             (II) Consent to the transfer has been given by the receiving physician, hospital or health facility;

             (III) The patient has been provided with an explanation of the need for the transfer; and

             (IV) Consent to the transfer has been given by the patient or his legal representative; or

             (2) Provide a patient with orders for testing at another hospital or health facility when the hospital from which the orders are issued is capable of providing that testing.

      3.  A physician, hospital or other health facility which treats a patient as a result of a [hospital’s] violation of subsection 2 by a hospital or a physician working in the hospital is entitled to recover from that hospital an amount equal to three times the [billed charges of] charges for the treatment provided that was billed by the physician, hospital or other health facility which provided the treatment , [for the treatment provided,] plus reasonable attorney’s fees and costs.

      4.  This section does not prohibit the transfer of a patient from one hospital to another:

      (a) When the patient is covered by an insurance policy or other contractual arrangement which provides for payment at the receiving hospital; [or]

      (b) After the county responsible for payment for the care of an indigent patient has exhausted the money which may be appropriated for that purpose pursuant to NRS 428.050, 428.285 and 450.425 [.] ; or

      (c) When the hospital cannot provide the services needed by the patient.

No transfer may be made pursuant to this subsection until the patient’s condition has been stabilized to a degree that allows the transfer without an additional risk to the patient.

      5.  As used in this section:

      (a) “Emergency services and care” means medical screening, examination and evaluation by a physician or, to the extent permitted by a specific statute, by a person under the supervision of a physician, to determine if an emergency medical condition or active labor exists and, if it does, the care, treatment and surgery by a physician necessary to relieve or eliminate the emergency medical condition or active labor, within the capability of the hospital. As used in this paragraph:


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

ê1989 Statutes of Nevada, Page 1662 (Chapter 717, AB 858)ê

 

             (1) “Active labor” means, in relation to childbirth, labor that occurs when:

             (I) There is inadequate time before delivery to transfer the patient safely to another hospital; or

             (II) A transfer may pose a threat to the health and safety of the patient or the unborn child.

             (2) “Emergency medical condition” means the presence of acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in:

             (I) Placing the health of the patient in serious jeopardy;

             (II) Serious impairment of bodily functions; or

             (III) Serious dysfunction of any bodily organ or part.

      (b) “Medically fit” means that the condition of the patient has been sufficiently stabilized so that he may be safely transported to another hospital, or is such that, in the determination of the attending physician, the transfer of the patient constitutes an acceptable risk. Such a determination must be based upon the condition of the patient, the expected benefits, if any, to the patient resulting from the transfer and whether the risks to the patient’s health are outweighed by the expected benefits, and must be documented in the patient’s records before the transfer.

      6.  If an allegation of a violation of the provisions of subsection 2 is made against a hospital licensed pursuant to the provisions of chapter 449 of NRS, the health division of the department of human resources shall conduct an investigation of the alleged violation. Such a violation, in addition to any criminal penalties that may be imposed, constitutes grounds for the denial, suspension or revocation of such a license, or for the imposition of any sanction prescribed by section 2 of Assembly Bill No. 601 of this session.

      7.  If an allegation of a violation of the provisions of subsection 2 is made against a physician licensed to practice medicine pursuant to the provisions of chapter 630 of NRS, the board of medical examiners shall conduct an investigation of the alleged violation. Such a violation, in addition to any criminal penalties that may be imposed, constitutes grounds for initiating disciplinary action or denying licensure pursuant to the provisions of subsection 3 of NRS 630.3065.

      Sec. 2.  NRS 449.160 is hereby amended to read as follows:

      449.160  The health division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.001 to 449.240, inclusive, upon any of the following grounds:

      1.  Violation by the applicant or the licensee of any of the provisions of NRS 439B.410, 449.001 to 449.245, inclusive, or of any other law of this state or of the standards, rules and regulations adopted thereunder.

      2.  Aiding, abetting or permitting the commission of any illegal act.

      3.  Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.

      4.  Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.


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

ê1989 Statutes of Nevada, Page 1663 (Chapter 717, AB 858)ê

 

      5.  Failure of the applicant to obtain written approval from the director of the department of human resources as required by NRS 439A.100 or as provided in any regulation adopted pursuant to this chapter.

      Sec. 3.  NRS 630.3065 is hereby amended to read as follows:

      630.3065  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      1.  Willful disclosure of a communication privileged under a statute or court order.

      2.  Willful failure to comply with any regulation, subpena or order of the board or with any court order relating to this chapter or with any provision of this chapter.

      3.  Willful failure to perform any statutory or other legal obligation imposed upon a licensed physician [.] , including a violation of the provisions of NRS 439B.410.

      Sec. 4.  Section 2 of Assembly Bill No. 601 of this session is hereby amended to read as follows:

       Sec. 2.  1.  If a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410, 449.001 to 449.240, inclusive, or any condition, standard or regulation adopted by the board, the health division in accordance with the regulations adopted pursuant to section 3 of this act may:

       (a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;

       (b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;

       (c) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

       (d) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:

             (1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or

             (2) Improvements are made to correct the violation.

       2.  If the facility fails to pay any administrative penalty imposed pursuant to paragraph (c) of subsection 1, the health division may:

       (a) Suspend the license of the facility until the administrative penalty is paid; and

       (b) Collect court costs, reasonable attorney’s fees and other costs incurred to collect the administrative penalty.

       3.  The health division may require any facility that violates any provision of NRS 439B.410, 449.001 to 449.240, inclusive, or any condition, standard or regulation adopted by the board, to make any improvements necessary to correct the violation.

       4.  Any money collected as administrative penalties pursuant to this section must be accounted for separately and used to protect the health or property of the residents of the facility in accordance with applicable federal standards.


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

ê1989 Statutes of Nevada, Page 1664 (Chapter 717, AB 858)ê

 

property of the residents of the facility in accordance with applicable federal standards.

      Sec. 5.  Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1989.

 

________

 

 

CHAPTER 718, AB 854

Assembly Bill No. 854–Assemblymen Evans, Wisdom, Lambert and Sheerin

CHAPTER 718

AN ACT relating to elections; requiring county clerks to provide the secretary of state with maps of election precincts; authorizing the secretary of state to designate the boundaries of certain election precincts; requiring election precincts to be composed only of contiguous territory; requiring the absent ballot vote to be added to the regular vote of the precinct; requiring the secretary of state to adopt regulations setting forth a standard method of mechanized reporting of the abstract of the result and the abstract of votes of elections; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

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 a new section to read as follows:

      1.  On or before the last day in May of every even-numbered year, the county clerk shall provide the secretary of state and the director of the legislative counsel bureau with a copy of a map showing the boundaries of all election precincts in the county together with a word description of the boundaries of the precincts.

      2.  If the secretary of state determines that the boundaries of an election precinct do not comply with the provisions of NRS 293.205, he must provide the county clerk with a written statement of noncompliance setting forth the reasons the precinct is not in compliance. Within 15 days after receiving the notice of noncompliance, the county clerk shall make any adjustments to the boundaries of the precinct which are required to bring the precinct into compliance with the provisions of NRS 293.205 and he shall submit a corrected precinct map together with a corrected word description of the altered boundaries of the precinct to the secretary of state and the director of the legislative counsel bureau.

      3.  If the initial or corrected election precinct map is not filed as required pursuant to this section or the county clerk fails to make the necessary changes to the boundaries of an election precinct pursuant to subsection 2, the secretary of state may establish appropriate precinct boundaries in compliance with the provisions of NRS 293.205 to 293.214, inclusive. If the secretary of state revises the map or description pursuant to this subsection, he shall submit a copy of the revised map or description to the director of the legislative counsel bureau and the appropriate county clerk.


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

ê1989 Statutes of Nevada, Page 1665 (Chapter 718, AB 854)ê

 

      Sec. 2.  NRS 293.205 is hereby amended to read as follows:

      293.205  1.  Except as otherwise provided in section 1 of [this act,] Assembly Bill No. 703 of this session, on or before the third Wednesday in May of every even-numbered year, the county clerk shall establish election precincts, define the boundaries thereof, abolish, alter, consolidate and designate precincts as public convenience, necessity and economy may require.

      2.  The boundaries of each election precinct must follow visible ground features of extensions of visible ground features, except where the boundary coincides with the official boundary of the state or a county or city.

      3.  Election precincts must be composed only of contiguous territory.

      4.  As used in this section, “visible ground feature” includes a street, road, highway, river, stream, shoreline, drainage ditch, railroad right of way or any other physical feature which is clearly visible from the ground.

      Sec. 3.  NRS 293.385 is hereby amended to read as follows:

      293.385  1.  After 8 a.m. on election day, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw all the ballots received the previous day from absent voters’ ballot boxes and ascertain that each box has the required number of ballots according to the county or city clerk’s absent voters’ ballot record.

      2.  If any absent ballots are received by the county or city clerk on election day, pursuant to NRS 293.316, the county or city clerk shall hold the ballots until ballots received before election day have been withdrawn pursuant to subsection 1. Thereafter, the county or city clerk shall deposit the absent ballots in the appropriate ballot boxes.

      3.  After the polls close the appropriate board shall count in public the votes cast on the absent ballots.

      4.  The result of the absent ballot vote in each precinct [or district] must be certified and submitted to the county or city clerk, who shall have the results added to the regular votes of the precinct . [or district.]

      5.  Any person who disseminates to the public in any way information pertaining to the count of absent ballots before the polls close is guilty of a misdemeanor.

      Sec. 4.  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 canvass the returns. The canvass must be completed on or before the [5th] fifth working 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] :

      (a) A copy of the abstract ; and


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

ê1989 Statutes of Nevada, Page 1666 (Chapter 718, AB 854)ê

 

      (b) A mechanized report of the abstract in compliance with regulations adopted by the secretary of state,

and transmit [it] them to the secretary of state within 5 working 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. 5.  NRS 293.393 is hereby amended to read as follows:

      293.393  1.  On or before the [10th] fifth working day after any general election [or] , any general city election [,] or any other election at which votes are cast for any United States Senator, Representative in Congress, member of the legislature or any state officer who is elected statewide, the board of county commissioners or city council shall open the returns of votes cast and make abstracts of the votes.

      2.  Abstracts of votes must be prepared in [such manner as] the manner prescribed by the secretary of state [prescribes] by regulation.

      3.  The county or city clerk shall make out a certificate of election to each of the persons having the highest number of votes for the district, county, city and township offices.

      4.  Each such certificate must be delivered to the person elected upon application at the office of the county or city clerk.

      Sec. 6.  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] :

      (a) A copy of that abstract [,] ; and

      (b) A mechanized report of that abstract in compliance with regulations adopted by the secretary of state,

and forthwith transmit [it] them to the secretary of state.

      2.  On the [4th] fourth 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, Representative in Congress, members of the legislature, 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 those persons.


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

ê1989 Statutes of Nevada, Page 1667 (Chapter 718, AB 854)ê

 

      Sec. 7.  Section 1 of Assembly Bill No. 703 of this session is hereby amended to read as follows:

       Section 1.  Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  Except as otherwise provided in subsections 2 and 3 [,] and section 1 of Assembly Bill No. 854, no election precinct may be created, divided, abolished or consolidated, or the boundaries thereof changed, during the period between the third Wednesday in May of any year whose last digit is 6 and the time when the legislature has been redistricted in a year whose last digit is 1, unless the creation, division, abolishment or consolidation of the precinct, or the change in boundaries thereof, is:

       (a) Ordered by a court of competent jurisdiction;

       (b) Required to meet objections to a precinct by the Attorney General of the United States pursuant to the Voting Rights Act of 1965 (42 U.S.C. §§ 1971 and 1973 et seq.) and any amendments thereto;

       (c) Required to comply with subsection 2 of NRS 293.205;

       (d) Required by the incorporation of a new city; or

       (e) Required by the creation of or change in the boundaries of a special district.

As used in this subsection, “special district” means any general improvement district or any other quasi-municipal corporation organized under the local improvement and service district laws of this state as enumerated in Title 25 of NRS which is required by law to hold elections or any fire protection district which is required by law to hold elections.

       2.  If a city annexes an unincorporated area located in the same county as the city and adjacent to the corporate boundary, the annexed area may be included in an election precinct immediately adjacent to it.

       3.  A new election precinct may be established at any time if it lies entirely within the boundaries of any existing precinct.

       4.  If a change in the boundaries of an election precinct is made pursuant to this section during the time specified in subsection 1, the county clerk must:

       (a) Within 15 days after the change to the boundary of a precinct is established by the county clerk or ordered by a court, send to the director of the legislative counsel bureau and the secretary of state a copy of a map showing the new boundaries of the precinct together with a word description of the new boundaries; and

       (b) Maintain in his office, an index providing the name of the precinct and describing all changes which were made, including any change in the name of the precinct and the name of any new precinct created within the boundaries of an existing precinct.

      Sec. 8.  On or before January 1, 1990, the secretary of state shall adopt regulations setting forth a standard method of mechanized reporting of the abstract of the result of an election required by subsection 3 of NRS 293.387 and the abstract of votes required by subsection 1 of NRS 293.395. The regulations must require the method of reporting be by computer technology or some other equally or more advanced method of technology which will facilitate the compilation of election results and the comparison of election results from one election to another.


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

ê1989 Statutes of Nevada, Page 1668 (Chapter 718, AB 854)ê

 

      Sec. 9.  1.  This section and sections 1, 2, 3, 5, 7 and 8 of this act become effective upon passage and approval.

      2.  Sections 4 and 6 of this act become effective on January 1, 1990.

 

________

 

 

CHAPTER 719, AB 837

Assembly Bill No. 837–Assemblymen Dini, Jeffrey, Brookman, Sedway, Spinello, Wendell Williams, Humke, Sheerin and Adler

CHAPTER 719

AN ACT relating to state obligations; authorizing the director of the department of commerce to promote the establishment of privately financed fund for venture capital; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 349.910 is hereby amended to read as follows:

      349.910  1.  The director has all the powers necessary to accomplish the purposes set forth in NRS 349.900 to 349.929, inclusive, 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.  Within the limits of the financial resources available to him, and without issuing bonds, the director may promote the establishment of any privately financed fund for venture capital designed to accomplish the legislative goals set forth in NRS 349.900 or to assist the director in achieving the purposes of NRS 349.900 to 349.929, inclusive. The state must not have a financial interest in the fund and must not be obligated to pay any money or assume any liability in connection with it.

      3.  The legislature intends that NRS 349.900 to 349.929, inclusive, be liberally construed in conformity with the purposes set forth in NRS 349.900.

 

________


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

ê1989 Statutes of Nevada, Page 1669ê

 

 

CHAPTER 720, AB 808

Assembly Bill No. 808–Committee on Government Affairs

CHAPTER 720

AN ACT relating to public employment; requiring each local government employer to report certain information to the local government-employee relations board; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 288 of NRS is hereby amended by adding thereto a new section to read as follows:

      Each local government employer shall, on or before November 30 of each year, file with the board a list of all employee organizations recognized by the employer and a description of the bargaining unit for each employee organization.

 

________

 

 

CHAPTER 721, AB 807

Assembly Bill No. 807–Committee on Government Affairs

CHAPTER 721

AN ACT relating to public employment; revising the procedure for the mediation of a dispute between a local government employer and an employee organization; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 288.190 is hereby amended to read as follows:

      288.190  Except in cases to which NRS 288.205 and 288.215 apply:

      1.  Anytime before July 1, the dispute may be submitted to a mediator, if both parties agree. On or after July 1 but before July 5, either party involved in negotiations may request a mediator. If the parties do not agree upon a mediator, the labor commissioner shall submit to the parties a list of seven potential mediators. The parties shall select their mediator from the list by alternately striking one name until the name of only one mediator remains, who will be the mediator to hear the dispute. The employee organization shall strike the first name.

      2.  If mediation is agreed to or requested pursuant to subsection 1, the mediator must be selected on or before July [5.] 15.

      3.  The mediator shall bring the parties together as soon as possible and, unless otherwise agreed upon by the parties, attempt to settle the dispute no later than July [10.] 31. He may establish the times and dates for meetings and compel the parties to attend but has no power to compel the parties to agree.


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

ê1989 Statutes of Nevada, Page 1670 (Chapter 721, AB 807)ê

 

      4.  The local government employer and employee organization each shall pay one-half of the cost of mediation. Each party shall pay its own costs of preparation and presentation of its case in mediation.

      5.  If the dispute is submitted to a mediator and then submitted to a factfinder, the mediator must, before [July] August 15, give to the commissioner of the board a report of the efforts made to settle the dispute.

 

________

 

 

CHAPTER 722, AB 635

Assembly Bill No. 635–Committee on Judiciary

CHAPTER 722

AN ACT relating to law enforcement agencies; prohibiting the manufacture, sale or possession of a counterfeit badge or identification of any law enforcement agency; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 205.175 is hereby amended to read as follows:

      205.175  1.  Every person who [fraudulently] :

      (a) Fraudulently forges or counterfeits the seal of this state, or the seal of any court or public officer by law entitled to have and use a seal, or the seal of any corporation, and makes use of the [same, or forges] seal;

      (b) Forges or counterfeits the signature of any public officer, or seal of any corporation [, or unlawfully] ;

      (c) Unlawfully and corruptly, and with evil intent, affixes [any of the true seals] a true seal to any commission, deed, warrant, pardon, certificate or other writing [, or who has] ; or

      (d) Has in his possession or custody [any such] a counterfeit seal, and willfully conceals it, knowing it to be falsely made and counterfeited,

shall be punished by imprisonment in the state prison for a term 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.  Every person who manufactures or knowingly sells or possesses a counterfeit badge or identification of any law enforcement agency is guilty of a gross misdemeanor.

 

________


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

ê1989 Statutes of Nevada, Page 1671ê

 

CHAPTER 723, AB 527

Assembly Bill No. 527–Committee on Government Affairs

CHAPTER 723

AN ACT relating to public employment; expanding the authority of the local government employee-management relations board to adopt rules and enforce its orders; permitting certain matters to be decided without a hearing; abolishing the employee-management relations advisory committee; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 288.080 is hereby amended to read as follows:

      288.080  1.  The local government employee-management relations board is hereby created, consisting of three members, broadly representative of the public and not closely allied with any employee organization or local government employer, not more than two of whom may be members of the same political party. The term of office of each member is 4 years.

      2.  The governor [may] shall appoint the members of the board . [from a list submitted by the employee-management relations advisory committee.]

      Sec. 2.  NRS 288.110 is hereby amended to read as follows:

      288.110  1.  The board may make rules governing [proceedings] :

      (a) Proceedings before it [and procedures] ;

      (b) Procedures for factfinding [and may issue advisory guidelines for the use of local government employers in the] ;

      (c) The recognition of employee organizations ; and

      (d) The determination of bargaining units.

      2.  The board may hear and determine any complaint arising out of the interpretation of, or performance under, the provisions of this chapter by any local government employer, local government employee or employee organization. The board shall conduct a hearing within 90 days after it decides to hear a complaint. The board, after a hearing, if it finds that the complaint is well taken, may order any person to refrain from the action complained of or to restore to the party aggrieved any benefit of which he has been deprived by that action. The board shall issue its decision within 120 days after the hearing on the complaint is completed.

      3.  Any party aggrieved by the failure of any person to obey an order of the board issued pursuant to subsection 2 , or the board at the request of such a party, may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce the order.

      4.  The board may not consider any complaint or appeal filed more than 6 months after the occurrence which is the subject of the complaint or appeal.

      5.  The board may decide without a hearing a contested matter [in] :

      (a) In which all of the legal issues have been previously decided by the board, if it adopts its previous decision or decisions as precedent [.] ; or

      (b) Upon agreement of all the parties.

      6.  The board may award reasonable costs, which may include attorneys’ fees, to the prevailing party.


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

ê1989 Statutes of Nevada, Page 1672 (Chapter 723, AB 527)ê

 

      Sec. 3.  NRS 288.135 and 288.137 are hereby repealed.

 

________

 

 

CHAPTER 724, SB 113

Senate Bill No. 113–Committee on Finance

CHAPTER 724

AN ACT relating to public lands; expanding the jurisdiction of the state land use planning agency to include planning for the state to acquire federal land; expanding the powers of the legislative committee on public lands; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 321 of NRS is hereby amended by adding thereto a new section to read as follows:

      The legislature hereby declares that the public policy of this state is to continue to seek the acquisition of lands retained by the Federal Government within the borders of this state.

      Sec. 2.  NRS 321.640 is hereby amended to read as follows:

      321.640  The legislature hereby finds and declares that:

      1.  It is in the public interest to place the primary authority for the planning process with the local governments, which are closest to the people;

      2.  Unregulated growth and development of the state will result in harm to the public safety, health, comfort, convenience, resources and general welfare;

      3.  The cities of the state have a responsibility for guiding the development of areas within their respective boundaries for the common good, and the counties have similar responsibilities with respect to their unincorporated areas;

      4.  City, county, regional and other planning must be done in harmony to [insure] ensure the orderly growth and preservation of the state; and

      5.  State participation in land use planning should be limited to coordination of information and data, the acquisition and use of federal lands within the state, providing land use planning assistance in areas of critical environmental concern when directed by the governor or requested by local governments, and providing assistance in resolving inconsistencies between the land use plans of local governmental entities when requested to do so by one of the entities.

      Sec. 3.  NRS 321.720 is hereby amended to read as follows:

      321.720  The administrator shall develop and make available to cities and counties information useful to land use planning, including:

      1.  Preparation and continuing revision of a statewide inventory of the land and natural resources of the state;


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

ê1989 Statutes of Nevada, Page 1673 (Chapter 724, SB 113)ê

 

      2.  Compilation and continuing revision of data, on a statewide basis, related to population densities and trends, economic characteristics and projections, environmental conditions and trends, and directions and extent of urban and rural growth;

      3.  Projections of the nature and quantity of land needed and suitable for:

      (a) Recreation and esthetic appreciation;

      (b) Conservation and preservation of natural resources, agriculture, mineral development, and forestry;

      (c) Industry and commerce, including the development, generation and transmission of energy;

      (d) Transportation;

      (e) Urban development, including the revitalization of existing communities, the development of new towns, and the economic diversification of existing communities which posses a narrow economic base;

      (f) Rural development, taking into consideration future demands for and limitations upon products of the land; and

      (g) Health, educational, and other state and local governmental services;

      4.  Preparation and continuing revision of an inventory of environmental, geological and physical conditions [(including soil types)] , including types of soil, which influence the desirability of various uses of land;

      5.  Preparation and continuing revision of an inventory of state, local government and private needs and priorities concerning the acquisition and use of federal lands within the state;

      6.  Preparation and continuing revision of an inventory of public and private institutional and financial resources available for the land use planning and management within the state and of state and local programs and activities which have a land use impact of more than local concern;

      7.  Provision, where appropriate, of technical assistance and training programs for state and local agency personnel concerned with the development and implementation of state and local land use programs;

      8.  Coordination and exchange of land use planning information and data among state agencies and local governments, with the Federal Government, among the several states and interstate agencies, and with members of the public, including conducting of public hearings, preparation of reports, and soliciting of comments on reports concerning information useful to land use planning;

      9.  Coordination of planning for state and local acquisition and use of federal lands within the state, except that in the case of a plan which utilizes both federal and private lands the governing body of the area where private lands are to be utilized has final authority to approve the proposal; and

      10.  Consideration of, and consultation with, the relevant states on the interstate aspects of land use issues of more than local concern.

      Sec. 4.  NRS 321.7355 is hereby amended to read as follows:

      321.7355  1.  The state land use planning agency shall prepare, in cooperation with appropriate state agencies and local governments throughout the state, plans or policy statements concerning the acquisition and use of lands in Nevada which are under federal management.

      2.  The state land use planning agency shall, in preparing the plans and policy statements, identify lands which are suitable for acquisition for:


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

ê1989 Statutes of Nevada, Page 1674 (Chapter 724, SB 113)ê

 

      (a) Commercial, industrial or residential development;

      (b) The expansion of the property tax base, including the potential for an increase in revenue by the lease and sale of those lands; or

      (c) Accommodating increases in the population of this state.

The plans or policy statements must not include matters concerning zoning or the division of land and must be consistent with local plans and regulations concerning the use of private property.

      [2.] 3.  The state land use planning agency shall encourage public comment upon the various matters treated in a proposed plan or policy statement throughout its preparation and shall submit its work on a plan or statement of policy periodically for review and comment by the land use planning advisory council, the state multiple use advisory committee on federal lands [, the board of review created pursuant to NRS 321.5967] and any committees of the legislature or subcommittees of the legislative commission which deal with matters concerning the public lands.

      [3.] 4.  A plan or statement of policy must be approved by the governing bodies of the county and cities affected by it, and by the governor, before it is put into effect.

      Sec. 5.  NRS 218.5367 is hereby amended to read as follows:

      218.5367  1.  The committee may:

      (a) Review and comment on any administrative policy, rule or regulation of the:

             (1) Secretary of the Interior which pertains to policy concerning or management of public lands under the control of the Federal Government; and

             (2) Secretary of Agriculture which pertains to policy concerning or management of national forests;

      (b) Conduct investigations and hold hearings in connection with its review, including but not limited to investigating the effect on the state, its citizens, political subdivisions, businesses and industries of [such] those policies, rules, regulations and related laws;

      (c) Consult with and advise the state land use planning agency on matters concerning federal land use, policies and activities in this state.

      (d) Direct the legislative counsel bureau to assist in its research, investigations, review and comment;

      (e) Recommend to the legislature as a result of its review any appropriate state legislation or corrective federal legislation; [and]

      (f) Advise the attorney general if it believes that any federal policy, rule or regulation which it has reviewed encroaches on the sovereignty respecting land or water or their use which has been reserved to the state pursuant to the Constitution of the United States [.] ;

      (g) Enter into a contract for consulting services for land planning and any other related activities, including, but not limited to:

             (1) Advising the committee and the state land use planning agency concerning the revision of the plans pursuant to NRS 321.7355;

             (2) Assisting local governments in the identification of lands administered by the Federal Government in this state which are needed for residential or economic development or any other purpose; and


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

ê1989 Statutes of Nevada, Page 1675 (Chapter 724, SB 113)ê

 

             (3) Assisting local governments in the acquisition of federal lands in this state; and

      (h) Apply for any available grants and accept any gifts, grants or donations to aid the committee in carrying out its duties.

      2.  Any reference in this section to federal policies, rules, regulations and related federal laws includes those which are proposed as well as those which are enacted or adopted.

      Sec. 6.  This act becomes effective on July 1, 1989.

 

________

 

 

CHAPTER 725, SB 488

Senate Bill No. 488–Committee on Commerce and Labor

CHAPTER 725

AN ACT relating to credit unions; limiting investments in stocks and bonds; allowing the commissioner of financial institutions to determine whether an audited statement substituted for an examination is equivalent to examination by the commissioner; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 678.760 is hereby amended to read as follows:

      678.760  Money not used in loans to members may be invested in:

      1.  Securities, obligations, participations or other instruments of or issued by or fully guaranteed as to principal and interest by the United States of America or any agency thereof or in any trust or trusts established for investing directly or collectively in these instruments;

      2.  Obligations of this state or any political subdivision thereof;

      3.  Certificates of deposit or passbook type accounts issued by a state or national bank, mutual savings bank or savings and loan association;

      4.  Loans to or shares or deposits of other credit unions as permitted by the bylaws;

      5.  Capital shares, obligations or preferred stock issues of any agency or association organized either as a stock company, mutual association or membership corporation if the membership or stockholdings, as the case may be, of the agency or association are confined or restricted to credit unions or organizations of credit unions, and the purposes for which the agency or association is organized are designed to service or otherwise assist credit union operations;

      6.  Shares of a cooperative society organized under the laws of this state or the United States in a total amount not exceeding 10 percent of the shares, deposits and surplus of the credit union;

      7.  Capital stock and other securities of a corporation for economic revitalization and diversification organized under the provisions of chapter 670A of NRS, if the credit union is a member of the corporation, and to the extent of its loan limit established under NRS 670A.200;


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

ê1989 Statutes of Nevada, Page 1676 (Chapter 725, SB 488)ê

 

      8.  Stocks and bonds of United States corporations to a maximum of 5 percent of [members’ shares,] unallocated reserves, except that such an investment must be limited to stocks or bonds yielding income which are approved by the commissioner; and

      9.  Loans to any credit union association, national or state, of which the credit union is a member, except that such an investment must be limited to 1 percent of the shares, capital deposits and unimpaired surplus of the credit union.

      Sec. 2.  NRS 678.790 is hereby amended to read as follows:

      678.790  1.  The division shall annually conduct or cause to be conducted an examination of each credit union organized under the provisions of this chapter. For the purpose of performing the examination, the personnel of the division may:

      (a) Subpena witnesses and documents;

      (b) Administer oaths; and

      (c) Compel the giving of testimony.

      2.  The report of the examination must contain comments to the members relative to the management of the affairs of the credit union and the general condition of the assets. Within 30 days following the receipt of the report, the directors shall call a general meeting of key personnel to consider matters contained in the report.

      3.  The division shall forward a copy of the report to the chairman of each credit union within 30 days after it is completed. The board of directors shall inform the members of the credit union of its general condition at the next annual meeting.

      4.  For each examination the credit union shall pay a fee based on the rate established pursuant to NRS 658.101.

      5.  The board of directors may engage a certified public accountant to perform such an examination in lieu of the division staff. In such cases, the examination must be equivalent to the type of examination made by the division and the expense must be borne by the credit union being inspected.

      6.  The commissioner shall determine whether an examination performed by an accountant pursuant to subsection 5 is equivalent to an examination conducted by the division. The commissioner may examine any area of the operation of a credit union if the commissioner determines that the examination of that area is not equivalent to an examination conducted by the division.

________


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

ê1989 Statutes of Nevada, Page 1677ê

 

CHAPTER 726, SB 472

Senate Bill No. 472–Senators Rawson and Coffin

CHAPTER 726

AN ACT relating to child abuse and neglect; establishing a committee to define and make available the training necessary for persons who are required to report abuse or neglect of a child; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  The committee for the training of reporters of abuse or neglect of a child is hereby created within the department of human resources.

      2.  The governor shall appoint to the committee:

      (a) One representative of each of the Nevada chapters of the National Committee for the Prevention of Child Abuse;

      (b) A representative of the department of human resources;

      (c) A representative of the University of Nevada System; and

      (d) One representative of each of the disciplines identified in subsection 2 of NRS 432B.220.

      Sec. 3.  1.  The committee shall meet at least twice each year. Additional meetings may be called by the director of the department of human resources as he determines necessary.

      2.  Members of the committee serve without salary. The director of the department of human resources shall provide a room for meetings of the committee.

      Sec. 4.  The committee shall:

      1.  Recommend to the director of the department of human resources a program of training for persons required to report abuse or neglect of a child;

      2.  Define the qualifications of persons who provide such training; and

      3.  Make such training available to all persons who are required to report abuse or neglect of a child.

 

________


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

ê1989 Statutes of Nevada, Page 1678ê

 

CHAPTER 727, SB 388

Senate Bill No. 388–Committee on Judiciary

CHAPTER 727

AN ACT relating to crimes against the person; expanding the provision which prohibits a person who claims a right to custody or visitation of a child from removing the child in certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.359 is hereby amended to read as follows:

      200.359  1.  Except as otherwise provided in subsection [3,] 5, every person having a limited right of custody to a child pursuant to an order, judgment or decree of any court, including a judgment or decree which grants another person rights to custody or visitation of the child, or any parent having no right of custody to the child, who [in] :

      (a) In violation of an order, judgment or decree of any court willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child ; or

      (b) In the case of an order, judgment or decree of any court that does not specify when the right to physical custody or visitation is to be exercised, removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation,

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 less than $1,000 nor more than $5,000, or by both fine and imprisonment.

      2.  Except as otherwise provided in subsection 5, if a court has not made a determination regarding the custody of a child, a person who claims a right to custody or visitation of the child and who willfully detains, conceals or removes the child from another person who claims a right to custody or visitation with the intent to deprive that person of the custody or visitation shall be punished as provided in subsection 1. The provisions of this subsection do not apply to a person who removes the child if the child is in immediate danger of abuse or neglect and the child is removed to protect him from abuse or neglect. As used in this subsection, “abuse or neglect” has the meaning ascribed to it in paragraph (a) of subsection 3 of NRS 200.508.

      3.  Before an arrest warrant may be issued for a violation of this section, the court must find that:

      (a) This is the home state of the child, as defined in subsection 5 of NRS 125A.040; and

      (b) There is probable cause to believe that the child has been wrongfully removed from the jurisdiction of the court and:

             (1) Wrongfully removed from the physical custody of the person entitled to custody; or

             (2) Wrongfully retained after a visit or other temporary relinquishment of physical custody.

      4.  Upon conviction, the court shall order the defendant to provide restitution for any expenses incurred by the parent, guardian or other person in locating or recovering the child.


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

ê1989 Statutes of Nevada, Page 1679 (Chapter 727, SB 388)ê

 

      [3.] 5.  The prosecuting attorney may recommend to the judge that the defendant be sentenced as for a misdemeanor and the judge may impose such a sentence if he finds that:

      (a) The defendant has no prior conviction for this offense.

      (b) The interests of justice require that the defendant be punished as for a misdemeanor.

 

________

 

 

CHAPTER 728, SB 370

Senate Bill No. 370–Committee on Commerce and Labor

CHAPTER 728

AN ACT relating to casualty insurance; requiring every policy of liability insurance covering a motor vehicle to provide for reduced premiums for certain persons 55 years of age or older; requiring the approval of the commissioner of insurance before the delivery or issuance of such a policy; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 690B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A policy of insurance against liability arising out of the ownership, maintenance or use of a motor vehicle delivered or issued for delivery in this state to a person who is 55 years of age or older must contain a provision for the reduction in the premiums for 3-year periods if the insured:

      (a) Successfully completes, after attaining 55 years of age and every 3 years thereafter, a course of traffic safety approved by the department of motor vehicles and public safety; and

      (b) For the 3-year period before completing the course of traffic safety and each 3-year period thereafter:

             (1) Is not involved in an accident involving a motor vehicle for which the insured is at fault;

             (2) Maintains a driving record free of violations; and

             (3) Has not been convicted of or entered a plea of guilty or nolo contendere to a moving traffic violation or an offense involving the operation of a motor vehicle while under the influence of intoxicating liquor or controlled substances.

      2.  The reduction in the premiums provided for in subsection 1 must be based on the actuarial and loss experience data available to each insurer and must be approved by the commissioner. Each reduction must be calculated based on the amount of the premium before any reduction in that premium is made pursuant to this section, and not on the amount of the premium once it has been reduced.

      3.  A course of traffic safety that an insured is required to complete as the result of moving traffic violations must not be used as the basis for a reduction in premiums pursuant to this section.


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

ê1989 Statutes of Nevada, Page 1680 (Chapter 728, SB 370)ê

 

      4.  The organization that offers a course of traffic safety approved by the department of motor vehicles and public safety shall issue a certificate to each person who successfully completes the course. A person must use the certificate to qualify for the reduction in the premiums pursuant to this section.

      5.  The commissioner shall review and approve or disapprove a policy of insurance that offers a reduction in the premiums pursuant to subsection 1. An insurer must receive written approval from the commissioner before delivering or issuing a policy with a provision containing such a reduction.

 

________

 

 

CHAPTER 729, SB 308

Senate Bill No. 308–Senator Rawson

CHAPTER 729

AN ACT relating to controlled substances; requiring the state board of pharmacy to regulate steroids; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

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:

      “Steroid” means any of the compounds that contain a hydrogenated cyclopentophenanthrene-ring system, and includes the sterols.

      Sec. 2.  NRS 453.016 is hereby amended to read as follows:

      453.016  As used in NRS 453.011 to 453.730, inclusive, the words and terms in NRS 453.021 to 453.141, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections except in instances where the context clearly indicates a different meaning.

      Sec. 3.  NRS 453.146 is hereby amended to read as follows:

      453.146  1.  The board shall administer the provisions of NRS 453.011 to 453.552, inclusive, and may add substances to or delete or reschedule all substances enumerated in schedules I, II, III, IV and V by regulation.

      2.  In making a determination regarding a substance, the board shall consider the following:

      (a) The actual or relative potential for abuse;

      (b) The scientific evidence of its pharmacological effect, if known;

      (c) The state of current scientific knowledge regarding the substance;

      (d) The history and current pattern of abuse;

      (e) The scope, duration and significance of abuse;

      (f) The risk to the public health;

      (g) The potential of the substance to produce psychic or physiological dependence liability; and

      (h) Whether the substance is an immediate precursor of a controlled substance.


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

ê1989 Statutes of Nevada, Page 1681 (Chapter 729, SB 308)ê

 

      3.  After considering the factors enumerated in subsection 2 the board shall make findings with respect thereto and adopt a regulation controlling the substance if it finds the substance has a potential for abuse.

      4.  The board shall designate as a controlled substance a steroid or other product which is used to enhance athletic performance, muscle mass, strength or weight without medical necessity. The board may not designate as a controlled substance an anabolic steroid which is:

      (a) Expressly intended to be administered through an implant to cattle, poultry or other animals; and

      (b) Approved by the Food and Drug Administration for such use.

      5.  If the board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor are not subject to control solely because they are precursors of the controlled precursor.

      [5.] 6.  If any substance is designated, rescheduled or deleted as a controlled substance pursuant to federal law and notice thereof is given to the board, the board shall similarly control the substance pursuant to the provisions of NRS 453.011 to 453.552, inclusive, after the expiration of 60 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that 60-day period the board objects to inclusion, rescheduling or deletion. In that case, the board shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall publish its decision, which is final unless altered by statute. Upon publication of objection to inclusion, rescheduling or deletion pursuant to the provisions of NRS 453.011 to 453.552, inclusive, by the board, control under such sections is stayed until the board publishes its decision.

      [6.] 7.  Authority to control pursuant to this section does not extend to distilled spirits, wine, malt beverages or tobacco.

      [7.] 8.  The board shall not include any nonnarcotic substance on any schedule if that substance has been approved by the Food and Drug Administration for sale over the counter without a prescription.

 

________


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

ê1989 Statutes of Nevada, Page 1682ê

 

CHAPTER 730, SB 247

Senate Bill No. 247–Senators Beyer, Shaffer, Getto, Rawson, O’Connell, Coffin, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, O’Donnell, Raggio, Rhoads, Smith, Titus, Townsend, Vergiels and Wagner

CHAPTER 730

AN ACT relating to telecommunications; establishing the telecommunications division of the department of general services; establishing the advisory board on telecommunications; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 232.170 is hereby amended to read as follows:

      232.170  1.  The department of general services is hereby created.

      2.  The department consists of a director and the following divisions:

      (a) Buildings and grounds division.

      (b) Purchasing division.

      (c) State printing and micrographics division.

      (d) Telecommunications division.

      3.  The director may establish a motor pool division or may assign the functions of the state motor pool to one of the other divisions of the department.

      Sec. 2.  NRS 232.190 is hereby amended to read as follows:

      232.190  The director:

      1.  Is responsible for the administration, through the divisions of the department, of the provisions of sections 4 to 12, inclusive, of this act and chapters 331, 333, 336 and 344 of NRS and all other provisions of law relating to the functions of the divisions of the department.

      2.  Has such other powers and duties as are provided by law.

      Sec. 3.  Chapter 233F of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 12, inclusive, of this act.

      Sec. 4.  As used in sections 4 to 12, inclusive, of this act, the terms defined in sections 5, 6 and 7 of this act, have the meanings ascribed to them in those sections.

      Sec. 5.  “Board” means the advisory board on telecommunications.

      Sec. 6.  “Department” means the department of general services.

      Sec. 7.  “Division” means the telecommunications division of the department of general services.

      Sec. 8.  1.  The advisory board on telecommunications is hereby created. The board consists of:

      (a) The director of the department of general services or his designee.

      (b) The executive director of the commission on economic development or his designee.

      (c) The superintendent of public instruction of the department of education or his designee.

      (d) The chancellor of the University of Nevada System or his designee.

      (e) One member from the senate appointed by the majority floor leader.

      (f) One member from the assembly appointed by the speaker.


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

ê1989 Statutes of Nevada, Page 1683 (Chapter 730, SB 247)ê

 

      (g) Three persons appointed by the governor as follows:

             (1) Two persons who represent the telecommunications industry.

             (2) One person who represents a city or county in this state.

      2.  The members who are legislators serve terms which begin on the third Monday in January of odd-numbered years and end the third Monday in January of the next odd-numbered year and may be reappointed.

      3.  The members of the board shall elect a chairman and a vice chairman from among their membership.

      Sec. 9.  1.  The board shall meet at least quarterly and at the times and places specified by the call of the chairman.

      2.  Except during a regular or special session of the legislature, each legislator who is a member of the board is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the board or is otherwise engaged in the work of the board and the per diem allowance and travel expenses provided for state officers and employees generally. The salaries, per diem and travel expenses of the legislative members must be paid from the legislative fund. Each nonlegislative member of the board shall serve without compensation but is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally from the department of general services operating fund.

      Sec. 10.  The board shall provide advice to the division on the use of telecommunications by the state government including:

      1.  The development of policies, standards, plans and designs;

      2.  The procurement of systems, facilities and services;

      3.  The integration of telecommunications systems with other state and local governmental systems; and

      4.  New technology that may become or is available.

      Sec. 11.  1.  The division, with the advice of the board, shall plan, implement and administer a state telecommunications system. When available at a competitive cost, the division shall use the facilities of telephone companies providing local exchange service.

      2.  The system must be integrated and may include services between the state and any cities, counties and schools.

      3.  Except as otherwise provided in section 12 of this act, the division may consider for the system all the telecommunications requirements of the state and its political subdivisions.

      Sec. 12.  The provisions of this act do not limit or affect the powers and duties of the state communications board or the supervisor of the communications subdivision of the Nevada highway patrol division of the department of motor vehicles and public safety.

      Sec. 13.  NRS 233F.010 is hereby amended to read as follows:

      233F.010  As used in [this chapter,] NRS 233F.010 to 233F.170, inclusive, the terms defined in NRS 233F.020 to 233F.060, inclusive, have the meanings ascribed to them in those sections.


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

ê1989 Statutes of Nevada, Page 1684 (Chapter 730, SB 247)ê

 

      Sec. 14.  NRS 233F.060 is hereby amended to read as follows:

      233F.060  “State communications system” means microwave equipment and associated facilities controlled by the board and leased or used by state agencies, except the state [telephone] telecommunications system.

      Sec. 15.  NRS 233F.080 is hereby amended to read as follows:

      233F.080  The legislature finds and declares that a state communications system is vital to the security and welfare of the state during times of emergency and in the conduct of its regular business, and that economies may be realized by joint use of the system by all state agencies. It is the purpose of the legislature that a state communications system be developed whereby the greatest efficiency in the joint use of existing communications systems is achieved and that all communication functions and activities of state agencies be coordinated. It is not the intent of the legislature to remove from the department of general services control over the state [telephone] telecommunications system intended for use by state agencies and the general public.

      Sec. 16.  NRS 233F.117 is hereby amended to read as follows:

      233F.117  If a state agency other than the communications subdivision adds equipment which extends the state communications system to another location, the extension, if approved by the board, becomes part of the state communications system. An approved extension of the system is subject to the provisions of [this chapter] NRS 233F.010 to 233F.170, inclusive, relating to the system.

      Sec. 17.  NRS 233F.131 is hereby amended to read as follows:

      233F.131  The coordinator of communications shall:

      1.  Administer the provisions of [this chapter] NRS 233F.010 to 233F.170, inclusive, subject to the administrative supervision of the chief of the Nevada highway patrol.

      2.  Supervise the operation and maintenance of the communications system and provide for its joint use by state agencies, except as provided in NRS 233F.110.

      3.  Procure, install, maintain and purchase or lease communications equipment, facilities and services.

      4.  Upon request, assist agencies in the design, procurement, maintenance and repair of communications systems.

      5.  Prepare specifications for the annual procurement of radio equipment by the state purchasing division.

      6.  Enter into and administer agreements involving the state communications system.

      7.  Develop a comprehensive system of equitable billing and charges for services provided to agencies using the state communications system. The charges must reflect as nearly as practicable the actual share of costs incurred on behalf of or for services provided to an agency.

      8.  Advise agencies of the state as to systems or methods to be used to meet the requirements for communications efficiently and effectively.

      9.  Ensure that maintenance is performed on the state communications system efficiently and economically.

      10.  Standardize policies and procedures for the joint use of the state communications system.


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

ê1989 Statutes of Nevada, Page 1685 (Chapter 730, SB 247)ê

 

      11.  Consolidate communications buildings and facilities for the joint use of all state agencies.

      12.  Perform such other duties in connection with each of his specified duties, and consistent therewith, as may be imposed by the director of the department of motor vehicles and public safety or the board.

      Sec. 18.  NRS 233F.150 is hereby amended to read as follows:

      233F.150  All state agencies shall provide the state communications board with any information which the board requests for the purpose of implementing the provisions of [this chapter,] NRS 233F.010 to 233F.170, inclusive, except where the disclosure of such information is expressly prohibited by law, and otherwise cooperate and assist to the maximum extent possible in the development and joint use of the state communications system.

      Sec. 19.  NRS 233F.160 is hereby amended to read as follows:

      233F.160  1.  The board may be substituted as the contracting party for any state agency in any existing agreements entered into by the agency respecting shared facilities for communications and in that event the board succeeds to all the rights and obligations of the substituted agency created by the agreement.

      2.  The board may collect and receive fees due on those agreements and any other agreements the board enters pursuant to [this chapter.] the provisions of NRS 233F.010 to 233F.170, inclusive. All these fees must be deposited in the fund for the communications subdivision of the Nevada highway patrol created pursuant to NRS 233F.148 and used by the board to defray the costs of the state communications system.

      3.  All gifts of money which the board is authorized to accept must be deposited in the fund and used for the purpose specified by the donor or for the purpose of carrying out the provisions of this chapter.

      Sec. 20.  NRS 331.104 is hereby amended to read as follows:

      331.104  1.  All revenues resulting from:

      (a) Postage sold to state officers, departments and agencies;

      (b) Charges for proportionate costs of mail service operation; and

      (c) Both direct and pro rata charges to state departments and agencies for [telephone] telecommunication service,

must be deposited in the state treasury for credit to the general services communications fund.

      2.  The formula for spreading costs of operation must be adjusted from time to time to preserve the fund at its initial level as nearly as is practicable.

      Sec. 21.  NRS 481.023 is hereby amended to read as follows:

      481.023  Except as otherwise provided therein, the department shall execute, administer and enforce, and perform the functions and duties provided in:

      1.  Title 43 of NRS relating to vehicles.

      2.  Chapter 706 of NRS relating to licensing of motor vehicle carriers and the use of public highways by those carriers.

      3.  Chapter 366 of NRS relating to imposition and collection of taxes on special fuels used for motor vehicles.

      4.  [Chapter 233F of] NRS 233F.010 to 233F.170, inclusive, relating to the state communications system.


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

ê1989 Statutes of Nevada, Page 1686 (Chapter 730, SB 247)ê

 

      5.  Chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs.

      6.  Chapter 459 of NRS relating to the transportation of hazardous materials.

      Sec. 22.  1.  There is hereby appropriated from the state general fund to the department of general services for the implementation of sections 4 to 12, inclusive, of this act the sum of $45,000 for the fiscal year 1990-91.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 23.  1.  Section 22 of this act becomes effective on July 1, 1990.

      2.  The remaining sections of this act become effective on July 1, 1989.

 

________

 

 

CHAPTER 731, SB 238

Senate Bill No. 238–Senator Jacobsen

CHAPTER 731

AN ACT relating to pollution; creating a fund to be used to clean up discharged petroleum; imposing a fee upon distributors of petroleum and operators of storage tanks to support the fund; limiting payments and the amount of the fund; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 590 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 23, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 23, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 12, inclusive, of this act have the meaning ascribed to them in those sections.

      Sec. 3.  “Board” means the board to review claims.

      Sec. 4.  “Department” means the department of taxation.

      Sec. 5.  “Discharge” means any release, leaking or spilling from a storage tank into water or soil, unless the discharge is authorized by state or federal law.

      Sec. 6.  “Division” means the division of environmental protection of the state department of conservation and natural resources.

      Sec. 7.  “Fund” means the fund for cleaning up discharge of petroleum.

      Sec. 8.  “Heating oil” means diesel fuel or grade number 1 or 2 or any other form of petroleum used in an oil-fired furnace or boiler for space heating.

      Sec. 9.  “Operator” means a person who owns, controls or is responsible for the operation of a storage tank.

      Sec. 10.  “Person” includes the United States, this state, and any agency or political subdivision of this state.


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

ê1989 Statutes of Nevada, Page 1687 (Chapter 731, SB 238)ê

 

      Sec. 11.  “Petroleum” means crude oil or any fraction thereof which is liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute.

      Sec. 12.  “Storage tank” means any tank used to store petroleum, except petroleum for use in a chemical process.

      Sec. 13.  1.  Sections 2 to 23, inclusive, of this act do not apply to any tank which:

      (a) Contains petroleum being transported through this state in interstate commerce, but do apply to a tank being used to store petroleum received for sale or use in this state;

      (b) Contains fuel for jet or turbine-powered aircraft, or is above ground and has a capacity of 30,000 gallons or less, unless in either case the operator complies with subsection 2; or

      (c) Is above ground and has a capacity of more than 30,000 gallons.

      2.  The operator of a tank exempted by paragraph (b) of subsection 1 may obtain the coverage provided by sections 20 and 21 of this act by applying to the board, paying the fee set pursuant to section 17.5 of this act for its registration, and, if the tank is used to store fuel for jet or turbine-powered aircraft, reporting monthly the number of gallons of fuel put into the tank and paying the fee required by section 17 of this act. Coverage pursuant to this subsection begins 6 months after the tank is registered and the required fee first paid.

      Sec. 14.  The legislature finds that:

      1.  Protection of this state’s environment, particularly its supplies of water, requires the prompt cleaning up of any discharge of petroleum from a storage tank.

      2.  Federal law and regulations require each operator of a storage tank to show financial responsibility for this purpose, but the capital of smaller operators is too little to meet these requirements and insurance to cover this liability is prohibitively costly for these smaller operators.

      3.  Free competitive access to the business of distributing petroleum therefore requires a system of funding this liability in which all engaged in the business must participate equitably.

      4.  The fee imposed by section 17 of this act is not an excise tax on gasoline or other motor vehicle fuel but a fee for engaging in the refining or importation of the products whose storage presents the danger of discharge and thus creates the liability to be funded.

      Sec. 15.  1.  The fund for cleaning up discharges of petroleum is hereby created as a trust fund in the state treasury. The division shall administer the fund for the purposes prescribed in sections 2 to 23, inclusive, of this act, and the board shall adopt appropriate regulations for the investigation and payment of claims against the fund. The board shall review each claim presented and authorize payment to the extent warranted by the facts of the case.

      2.  The expenses incurred by the division in performing its duties under sections 2 to 23, inclusive, of this act, are a charge against the fund. The interest earned on money in the fund must be credited to the fund.

      Sec. 16.  1.  The board to review claims is hereby created in the division. The board consists of:

      (a) The administrator of the division;


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

ê1989 Statutes of Nevada, Page 1688 (Chapter 731, SB 238)ê

 

      (b) The executive director of the department;

      (c) The state fire marshal;

      (d) A representative of refiners of petroleum;

      (e) A representative of independent dealers in petroleum;

      (f) A representative of independent retailers in petroleum; and

      (g) A representative of the general public.

      2.  An officer designated as a member of the board may designate a substitute. The governor shall appoint the respective representatives designated as members of the board. Each representative of a field of enterprise must be appointed from a list of three persons nominated by persons engaged in that field in this state, through their trade association if one exists.

      3.  The board shall select its chairman. The administrator of the division shall provide administrative assistance to the board as required.

      4.  Each member who is appointed by the governor is entitled to receive a salary of $60 for each day’s attendance at a meeting of the board.

      Sec. 17.  1.  Except as otherwise provided in subsection 3, the department shall collect for deposit in the fund a fee of 0.6 cent for each gallon of motor vehicle fuel, diesel fuel of grade number 1 or 2 and other heating oil imported into this state in one of those forms or refined in this state into one of those forms of petroleum, for use or sale in this state. As used in this subsection, “motor vehicle fuel” has the meaning ascribed to it in NRS 365.060. The fee imposed by this section is in addition to the taxes imposed by chapters 365 and 366 of NRS.

      2.  The department of motor vehicles and public safety shall cooperate with the department of taxation in ascertaining the amount of diesel fuel so imported and the identity of each person liable for payment of the fee upon it.

      3.  The fee imposed by this section does not apply to any fuel or heating oil imported or refined by the United States, its unincorporated agencies and instrumentalities, or any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States.

      4.  The fee is payable on or before the 25th day of each calendar month for fuel or heating oil handled during the preceding calendar month. The department shall prescribe by regulation the manner of payment of the fee, for this purpose may reasonably classify the persons liable for payment, and may in collecting the fee employ any administrative power conferred upon it by chapter 365 of NRS.

      5.  The expenses incurred by the department in performing its duties under sections 2 to 23, inclusive, of this act, are a charge against the fund.

      Sec. 17.5.  1.  Except as otherwise provided in subsection 2, the division shall collect for deposit in the fund an annual fee not to exceed $50, set by the board, for the registration of each storage tank.

      2.  No fee is to be collected, and no registration is required, with respect to a storage tank used to store heating oil for consumption on the same residential premises where the oil is stored, or a storage tank operated by a person not required to pay the fee for petroleum produced in or imported into this state.

      3.  The operator of a storage tank required to be registered pursuant to this section who fails to register that tank or to pay the annual fee when required shall reimburse the division for any expense incurred by the division in cleaning up a discharge from that storage tank and for any discharge of liability to a third person.


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

ê1989 Statutes of Nevada, Page 1689 (Chapter 731, SB 238)ê

 

shall reimburse the division for any expense incurred by the division in cleaning up a discharge from that storage tank and for any discharge of liability to a third person.

      Sec. 18.  If the balance in the fund at the end of any fiscal year is estimated at $7,500,000 or more, the department shall not collect during the ensuing fiscal years the fee imposed for deposit in the fund unless otherwise required by this section. If at the end of any subsequent fiscal year the balance in the fund is estimated at $5,000,000 or less, the department shall resume collection during the ensuing fiscal year of the fee so imposed.

      Sec. 19.  1.  The operator of every storage tank, and every person who for compensation puts petroleum into a storage tank, shall report to the division every discharge from the tank of which he is aware or has reason to believe has occurred. The division shall undertake or contract for cleaning up the discharge unless the operator or another person is already acting properly to clean it up. If the division cleans up the discharge, the operator shall reimburse the division for his share of the costs.

      2.  Each operator who is required or who chooses to register a tank must, unless the tank has been tested for tightness under the federal standards embodied in 40 C.F.R. § 280.43c since July 1, 1988, test the tank pursuant to those standards before it is eligible for the coverage provided by sections 20 and 21 of this act.

      Sec. 20.  The costs resulting from a discharge from a storage tank used to store heating oil for consumption on the same residential premises where the oil is stored must be paid as follows, to the extent applicable:

      1.  The first $1,000 for cleaning up and the first $1,000 of liability for damages to a person other than this state or the operator of the tank, or both amounts, by the operator.

      2.  The next $250,000 for cleaning up and the next $250,000 for damages to a person other than this state or the operator of the tank, or both amounts, from the fund. These limits apply to any one discharge and to the total for discharges from storage tanks controlled by any one operator in any fiscal year. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.

      3.  Any further cost for cleaning up or for damages, by the operator.

      Sec. 21.  The costs resulting from a discharge from any other storage tank must be paid as follows, to the extent applicable:

      1.  The first $25,000 for cleaning up and the first $25,000 of liability for damages to any person other than this state or the operator of the tank, or both amounts, by the operator.

      2.  The next $1,000,000 for cleaning up and the next $1,000,000 of liability for damages to a person other than this state or the operator of the tank, or both amounts, from the fund. The total paid from the fund in any one fiscal year on account of discharges from storage tanks under the control of any one operator must not exceed $2,000,000 for cleaning up and $2,000,000 for damages. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.

      3.  Any further cost for cleaning up or for damages, by the operator.


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

ê1989 Statutes of Nevada, Page 1690 (Chapter 731, SB 238)ê

 

      Sec. 22.  1.  Any person who, through willful or wanton misconduct, through gross negligence or through violation of any applicable statute or regulation, including specifically any state or federal standard pertaining to the preparation or maintenance of sites for storage tanks, proximately causes a discharge is liable to the division for any cost in cleaning up the discharge or paying for it to be cleaned up.

      2.  If a discharge occurs, the site of the tank and any other premises affected by the discharge must be brought into compliance with any applicable standard as described in subsection 1.

      Sec. 23.  If the balance in the fund is insufficient to pay in full all amounts payable from it under sections 2 to 23, inclusive, of this act, these amounts must be reduced pro rata and the amounts so withheld must be paid pro rata as additional money becomes available in the fund.

      Sec. 24.  NRS 232.090 is hereby amended to read as follows:

      232.090  1.  The department consists of the director and the following divisions:

      (a) The division of water resources.

      (b) The division of state lands.

      (c) The division of forestry.

      (d) The division of state parks.

      (e) The division of conservation districts.

      (f) The division of environmental protection.

      (g) The division of water planning.

      (h) The division of historic preservation and archeology.

      (j) Such other divisions as the director may from time to time establish.

      2.  The state environmental commission , [and] the state conservation commission , and the board to review claims are within the department.

      Sec. 25.  NRS 360.417 is hereby amended to read as follows:

      360.417  Any person who fails to pay any tax provided for in chapter 362, 365, 369, 370, 372, 373 or 374 of NRS or fee provided for in sections 2 to 23, inclusive, of this act, to the state or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the department, in addition to the tax [,] or fee, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date on which the tax [required to be collected under this Title] or fee became due until the date of payment.

      Sec. 26.  1.  Except as otherwise provided in subsection 2, this act becomes effective:

      (a) On July 1, 1989, for the purposes of creating the fund for cleaning up discharges of petroleum, adopting regulations and requiring the reporting of discharges from storage tanks;

      (b) On October 1, 1989, for the purposes of imposing and collecting the fees imposed by sections 17 and 17.5 of this act; and

      (c) On April 1, 1990, for all other purposes.

      2.  If the operator of a tank chooses to obtain coverage as allowed by subsection 2 of section 13 of this act before October 1, 1989, his coverage begins on October 1, 1989, without the elapse of the 6 months otherwise required.


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

ê1989 Statutes of Nevada, Page 1691 (Chapter 731, SB 238)ê

 

      3.  Disbursements from the fund may be made only for discharges discovered on or after July 1, 1989.

 

________

 

 

CHAPTER 732, SB 158

Senate Bill No. 158–Senator Rawson

CHAPTER 732

AN ACT making an appropriation to the mental hygiene and mental retardation division of the department of human resources for expenses related to the acquisition and installation of an advanced institutional management system; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the mental hygiene and mental retardation division of the department of human resources the sum of $494,464 for payment of expenses related to Phase I of the acquisition and installation of an advanced institutional management system.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective on June 30, 1989.

 

________

 

 

CHAPTER 733, SB 127

Senate Bill No. 127–Committee on Finance

CHAPTER 733

AN ACT specifying sources for the payment of expenses related to the issuance of general obligation bonds for the state; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The state board of examiners, in its capacity as the state general obligation bond commission and to the extent that money is available, shall pay the expenses related to the issuance of general obligation bonds approved by the 65th session of the Nevada legislature from the proceeds of those bonds. To the extent that there is insufficient money available from the proceeds to pay the expenses related to the issuance of bonds, the state board of examiners may apply to the interim finance committee for a distribution from the contingency fund of not more than $365,000 to pay those expenses.


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

ê1989 Statutes of Nevada, Page 1692 (Chapter 733, SB 127)ê

 

board of examiners may apply to the interim finance committee for a distribution from the contingency fund of not more than $365,000 to pay those expenses.

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

 

________

 

 

CHAPTER 734, SB 523

Senate Bill No. 523–Senator Jacobsen

CHAPTER 734

AN ACT making an appropriation to the division of state lands of the state department of conservation and natural resources for the purchase of 38.72 acres at the site of the Stewart Indian School; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the division of state lands of the state department of conservation and natural resources the sum of $155,000 for the purchase of 38.72 acres that are available for sale at the site of the Stewart Indian School.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective on June 30, 1989.

 

________

 

 

CHAPTER 735, SB 540

Senate Bill No. 540–Senators Getto, Jacobsen and Rhoads

CHAPTER 735

AN ACT relating to navigable rivers; providing immunity from civil liability to the state and any city, county or other political subdivision for clearing a channel of a navigable river; expanding eligibility for a grant from the channel clearance, surveying and monumenting program; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 532.220 is hereby amended to read as follows:

      532.220  1.  The channel clearance, surveying and monumenting program is hereby established and must be administered by the state engineer.

      2.  This program is to aid local governments in this state in the clearance, surveying and monumenting of navigable rivers.


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

ê1989 Statutes of Nevada, Page 1693 (Chapter 735, SB 540)ê

 

      3.  Any incorporated city, county or other political subdivision of this state may apply to the state engineer for a grant under this program if:

      (a) [Federal] Sufficient federal money is not available for the proposed project;

      (b) The incorporated city, county or other political subdivision requesting the money agrees to match the state grant equally with its money; and

      (c) The amount requested does not exceed the balance available.

      4.  The state, its departments, divisions and agencies, an incorporated city, a county and all other political subdivisions of this state, and their employees and agents, are immune from civil liability for damages caused by an alteration or disturbance of a riverbed or flooding sustained as a result of any act or omission by an employee or agent in clearing or causing to be cleared a channel of a navigable river pursuant to this section if the channel is cleared pursuant to a permit granted by the division of state lands of the state department of conservation and natural resources and such other permits and approvals as are required by law.

      5.  As used in this section, “navigable river” means a river or stream that is used, or is susceptible of being used, in its ordinary condition for trade or travel in the customary modes of trade or travel on rivers or streams.

      Sec. 2.  This act expires by limitation on June 30, 1993.

 

________

 

 

CHAPTER 736, SB 532

Senate Bill No. 532–Committee on Finance

CHAPTER 736

AN ACT relating to state boards; revising the maximum salary of members of state boards; equalizing the maximum per diem allowance and travel expenses a member or employee of a state board is entitled to receive; exempting the employees of certain state licensing boards from the provisions of chapter 284 of NRS; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 623.070 is hereby amended to read as follows:

      623.070  1.  Each member of the board is entitled to receive from the money of the board:

      (a) A salary of not more than [$60] $80 per day, as fixed by the board, while engaged in the business of the board [.

      (b) Actual expenses for subsistence and lodging, not to exceed $50 per day, and actual expenses for transportation, while on the business of the board within this state.

      (c) The per diem allowance and travel expenses provided by law for state officers and employees, while on the business of the board outside this state.] ; and


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

ê1989 Statutes of Nevada, Page 1694 (Chapter 736, SB 532)ê

 

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

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

      3.  The secretary and treasurer of the board is entitled to be paid a salary out of the money of the board in an amount to be determined by the board.

      Sec. 2.  NRS 623A.090 is hereby amended to read as follows:

      623A.090  1.  Members of the board are entitled to [:

      1.] receive:

      (a) A salary of not more than [$60] $80 per day as fixed by the board, while engaged in the business of the board [.

      2.  Actual expenses for subsistence, not to exceed $40 per day, and actual expenses for travel, while engaged in the business of the board.] ; and

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

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

      Sec. 3.  NRS 624.140 is hereby amended to read as follows:

      624.140  If money becomes available from the operations of this chapter and payments made for licenses, the board may pay [therefrom:] from that money:

      1.  The expenses of the operations of this chapter, including the maintenance of offices.

      2.  The salary of the executive officer who must be named by the board.

      3.  A salary to each member of the board of not more than [$60] $80 per day, as fixed by the board, while engaged in the business of the board.

      4.  [Actual expenses of each member of the board for subsistence and lodging, and actual expenses of each member for transportation, while traveling on business of the board.] A per diem allowance and travel expenses for each member and employee of the board at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 4.  NRS 625.110 is hereby amended to read as follows:

      625.110  1.  The board shall elect one of its members as chairman and one of its members as vice chairman, each of whom holds office for 2 years and until a successor is elected and qualified.

      2.  At any meeting, four members constitute a quorum.

      3.  Each member is entitled to receive:

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

      (b) Reimbursement for actual and necessary expenses incurred in the performance of his duties and actual expenses for transportation, while traveling on business of the board.] ; and


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

ê1989 Statutes of Nevada, Page 1695 (Chapter 736, SB 532)ê

 

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

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

      [4.] 5.  Expenses of the board and expenses and salaries of members of the board and employees of the board must be paid from the fees received by the board [under] pursuant to the provisions of this chapter, and no part of [such] those salaries and expenses may be paid out of the state general fund.

      [5.] 6.  The board shall appoint an executive director who serves at the pleasure of the board and is entitled to receive such compensation as may be fixed by the board.

      Sec. 5.  NRS 625.150 is hereby amended to read as follows:

      625.150  1.  The board shall deposit in banks and savings and loan associations in the State of Nevada all fees collected by it.

      2.  All fees collected by the board [shall] must be used to meet the expenses of examinations, the expenses of issuance of certificates and the expenses of conducting the office of the board.

      3.  [Such] The expenses, including [traveling and hotel expenses of the members while attending the sessions of the board or] the per diem allowances and travel expenses of the members and employees of the board while engaged in the business of the board and the expenses of conducting examinations, must be paid from the current receipts. No portion thereof [shall] may be paid from the state treasury.

      4.  Any balance remaining in excess of the expenses incurred may be retained by the board and used in defraying the future expenses thereof.

      Sec. 6.  NRS 625A.050 is hereby amended to read as follows:

      625A.050  1.  The secretary of the board is entitled to receive:

      (a) A salary [, in the] in an amount fixed by the board [.

      (b) Travel expenses provided for state officers and employees generally.] ; and

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

      2.  All other members of the board are entitled to receive [the subsistence allowance and travel expenses provided for state officers and employees generally for each day actually engaged in the business of the board.] :

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

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

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


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

ê1989 Statutes of Nevada, Page 1696 (Chapter 736, SB 532)ê

 

      Sec. 7.  NRS 625A.060 is hereby amended to read as follows:

      625A.060  1.  The secretary of the board shall receive and account for all money paid to the board and deposit it in banks and savings and loan associations in this state.

      2.  The compensation and expenses of the members and employees of the board and the expenses of administering the provisions of this chapter must be paid from the fees received by the board upon approval by the board.

      Sec. 8.  NRS 628.110 is hereby amended to read as follows:

      628.110  1.  Each member of the board [shall receive:

      1.] is entitled to receive:

      (a) A salary of not more than [$100] $80 per day, as fixed by the board, while engaged in the business of the board [.

      2.  Actual expenses for subsistence, lodging and transportation, while traveling on business of the board.] ; and

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

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

      Sec. 9.  NRS 630.110 is hereby amended to read as follows:

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

      (a) A salary of not more than [$60] $80 per day, as fixed by the board, while engaged in the business of the board [.

      (b) Reimbursement for his actual and necessary expenses incurred in the performance of his duties.] ; and

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

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

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

      [3.] 4.  All money received by the board from:

      (a) Fees must be deposited in financial institutions in this state which are federally insured.

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

      Sec. 10.  NRS 630A.160 is hereby amended to read as follows:

      630A.160  1.  Out of the money coming into the possession of the board, each member of the board is entitled to receive:


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

ê1989 Statutes of Nevada, Page 1697 (Chapter 736, SB 532)ê

 

      (a) A salary of not more than [$60] $80 per day, as fixed by the board, while engaged in the business of the board [.

      (b) Reimbursement for his actual and necessary expenses incurred in the performance of his duties.] ; and

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

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

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

      [3.] 4.  All money received by the board must be deposited in financial institutions in this state which are federally insured.

      Sec. 11.  NRS 631.180 is hereby amended to read as follows:

      631.180  1.  Each member of the board is entitled to receive :

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

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

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

      3.  The board shall deposit in banks or savings and loan associations in this state all fees which it receives.

      [3.] 4.  All expenses of the board must be paid from the fees received by the board, and no part thereof may be paid from the state general fund.

      Sec. 12.  NRS 632.060 is hereby amended to read as follows:

      632.060  1.  At the meeting of the board to be held in June of each year, the board shall elect from its members a president, a vice president and a secretary.

      2.  The board may appoint an executive director who need not be a member of the board. The executive director appointed by the board must be a professional nurse licensed to practice nursing in the State of Nevada. The executive director shall perform such duties as the board may direct and [shall] is entitled to receive compensation as set by the board. The executive director [must be reimbursed for his actual and necessary expenses incurred in the performance of his duties.] is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for state officers and employees generally.


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

ê1989 Statutes of Nevada, Page 1698 (Chapter 736, SB 532)ê

 

      Sec. 13.  NRS 632.080 is hereby amended to read as follows:

      632.080  1.  The compensation of the members of the board [and of the advisory council on continuing education for nurses] must be fixed by the board, but may not exceed [$60] $80 for each day spent by each member in the discharge of his official duties.

      2.  The compensation of the members of the advisory council on continuing education for nurses must be fixed by the board, but may not exceed $60 for each day spent by each member in the discharge of his official duties.

      3.  While engaged in the discharge of his official duties, each member and employee of the board and each member of the advisory committee on continuing education is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board. The rate must not exceed the rate provided for state officers and employees generally.

      4.  All compensation, [subsistence] per diem allowances and travel expenses of the members and employees of the board and members of the advisory council on continuing education must be paid out of the money of the board.

      Sec. 14.  NRS 633.241 is hereby amended to read as follows:

      633.241  1.  Each member of the board is entitled to receive [a] :

      (a) A salary of not more than [$60] $80 per day, as fixed by the board, while engaged in its business [.] ; and

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

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

      Sec. 15.  NRS 634.025 is hereby amended to read as follows:

      634.025  1.  Each member of the board is entitled to receive:

      [1.] (a) A salary of not more than [$60] $80 per day, as fixed by the board, while engaged in the business of the board [.

      2.  Actual expenses for subsistence, lodging and transportation, while traveling on business of the board.] ; and

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

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

      Sec. 16.  NRS 634A.050 is hereby amended to read as follows:

      634A.050  1.  Each member of the board is entitled to receive:

      [1.] (a) A salary of not more than [$60] $80 per day, as fixed by the board, while engaged in the business of the board [.

      2.  Actual expenses for subsistence, lodging, not to exceed $25 per day and actual expenses for transportation, while traveling on business of the board.] ; and


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ê1989 Statutes of Nevada, Page 1699 (Chapter 736, SB 532)ê

 

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

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

      Sec. 17.  NRS 634A.100 is hereby amended to read as follows:

      634A.100  1.  The Oriental medicine advisory committee, consisting of five members appointed by the governor, is hereby created.

      2.  [The governor shall appoint the members of the advisory committee as soon as feasible after April 19, 1973. Their terms are as follows:

      (a) One member shall hold office for 1 year;

      (b) Two members shall hold office for 2 years;

      (c) Two members shall hold office for 3 years; and

      (d) Thereafter, all terms are for 3 years.] After the initial terms, the members of the advisory committee serve for terms of 3 years.

      3.  Members of the advisory committee [shall] must be selected with special reference to their ability and fitness to advise with respect to the duties assigned by this chapter to the board.

      4.  The advisory committee shall advise the board regarding licensing, curriculum of a school or college of traditional Oriental medicine established pursuant to NRS 634A.090, or any other duties of the board [created] imposed by this chapter.

      5.  [The] Each member of the advisory committee may receive, if authorized by the board, [the same salary, subsistence, and travel expense] a salary of not more than $60 per day while engaged in the business of the committee and the per diem allowance and travel expenses provided by NRS 634A.050.

      Sec. 18.  NRS 635.020 is hereby amended to read as follows:

      635.020  1.  The state board of podiatry, consisting of five members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) Four members who are licensed podiatrists in the State of Nevada.

      (b) One member who is a representative of the general public.

      3.  The members of the board are entitled to receive:

      (a) A salary of not more than [$60] $80 per day, as fixed by the board, while engaged in the business of the board [.

      (b) Actual expenses for subsistence, lodging and transportation, while traveling on the business of the board.] ; and

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

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

      5.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.


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

ê1989 Statutes of Nevada, Page 1700 (Chapter 736, SB 532)ê

 

      Sec. 19.  NRS 636.075 is hereby amended to read as follows:

      636.075  1.  Each member of the board is entitled to receive:

      (a) A salary of not more than [$60] $80 per day, as fixed by the board, while engaged in the business of the board [.

      (b) Actual expenses for subsistence and lodging, not to exceed $60 per day, and actual expenses for transportation, while traveling on business of the board.] ; and

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

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

      3.  Compensation and expenses of the members and employees of the board are payable out of the money derived from fees paid or transmitted to the board [under] pursuant to the provisions of this chapter and no part thereof may be paid out of the state treasury.

      Sec. 20.  NRS 637.045 is hereby amended to read as follows:

      637.045  1.  Each member of the board is entitled to receive [a] :

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

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

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

      Sec. 21.  NRS 637A.080 is hereby amended to read as follows:

      637A.080  1.  All fees provided for in this chapter must be paid to the board.

      2.  Except as otherwise provided in subsection 4, all money coming into possession of the board must be kept or deposited by the secretary in banks or savings and loan associations in the State of Nevada to be expended for payment of the salaries and expenses of the members and employees of the board and for other necessary or proper purposes in the administration of this chapter.

      3.  The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect penalties therefor and deposit the money therefrom in banks or savings and loan associations in this state.

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the board deposits the money collected from the imposition of penalties with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.


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

ê1989 Statutes of Nevada, Page 1701 (Chapter 736, SB 532)ê

 

      Sec. 22.  NRS 637A.090 is hereby amended to read as follows:

      637A.090  1.  [Members of the board shall serve without compensation.] Each member of the board is entitled to receive a salary of not more than $80 per day, as fixed by the board, while engaged in the business of the board.

      2.  All necessary expenses incurred by the board in the performance of its duties must be evidenced on claims signed by the chairman and secretary and paid out of money received by the board from fees.

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

      Sec. 23.  NRS 637B.130 is hereby amended to read as follows:

      637B.130  1.  A member of the board is entitled to receive [a] :

      (a) A salary of not more than [$40] $80 per day, as fixed by the board, while engaged in the business of the board [.] ; and

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

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

      Sec. 24.  NRS 638.040 is hereby amended to read as follows:

      638.040  1.  Members of the board are entitled to receive:

      (a) A salary of not more than [$60] $80 per day, as fixed by the board, while engaged in the business of the board [.

      (b) Expenses for subsistence and lodging, not to exceed the per diem rate paid to state employees, and actual expenses of transportation, while traveling on business of the board.] ; and

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

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

      3.  Salaries and expenses [must be paid insofar as the money received from licenses are sufficient therefor, but not otherwise.] may be paid only to the extent that sufficient money is received from licensees.

      Sec. 25.  NRS 639.040 is hereby amended to read as follows:

      639.040  1.  The board shall elect a president, a secretary and a treasurer.

      2.  The secretary may not be a member of the board. The secretary shall keep a complete record of all proceedings of the board and of all certificates issued, and shall perform such other duties as the board may from time to time require, for which services he is entitled to receive a salary to be determined by the board. [The secretary is entitled to receive his necessary expenses while engaged in the business of the board, to be paid from money received by the board.]


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ê1989 Statutes of Nevada, Page 1702 (Chapter 736, SB 532)ê

 

      3.  The secretary and the treasurer shall each give a satisfactory bond running to the board in the sum of not less than $2,000, and such a greater sum as the board may from time to time require, for the faithful discharge of their respective duties. The premium or costs of [such] those bonds must be paid out of money received by the board.

      Sec. 26.  NRS 639.050 is hereby amended to read as follows:

      639.050  1.  The board shall hold a meeting at least once in every 6 months.

      2.  Three members of the board constitute a quorum.

      3.  Meetings of the board which are held to deliberate on the decision in an administrative action or to prepare, grade or administer examinations are closed to the public.

      4.  Each member of the board is entitled to receive:

      (a) A salary of not more than [$60] $80 per day, as fixed by the board, while engaged in the business of the board [.

      (b) Expenses for subsistence and lodging, not to exceed the amount provided by law for state employees, and expenses for transportation while traveling on business of the board.] ; and

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

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

      Sec. 27.  NRS 640.045 is hereby amended to read as follows:

      640.045  1.  Each member of the board is entitled to receive:

      [1.] (a) A salary of not more than [$60] $80 per day, as fixed by the board, while engaged in the business of the board [.

      2.  Actual expenses for subsistence and lodging, not to exceed the amount provided by law for state officers and employees, and actual expenses for transportation, while traveling on business of the board.] ; and

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

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

      Sec. 28.  NRS 641.140 is hereby amended to read as follows:

      641.140  1.  [A] Each member of the board is entitled to receive [as compensation the sum of $60 for each day actually spent in the performance of his duties, and is also entitled to receive his necessary actual expenses in going to, attending and returning from meetings.] :

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

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


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

ê1989 Statutes of Nevada, Page 1703 (Chapter 736, SB 532)ê

 

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

      3.  Compensation and expenses of the members and employees of the board are payable out of the money derived from fees paid or transmitted to the board [under] pursuant to the provisions of this chapter, and no part thereof may be paid out of the state treasury.

      Sec. 29.  NRS 641A.200 is hereby amended to read as follows:

      641A.200  1.  A member of the board is entitled to receive [$60 as compensation for each day actually spent in the performance of his duties as such, and is also entitled to receive his necessary actual expenses in going to, attending and returning from meetings.] :

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

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

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

      3.  Compensation and expenses of the members and employees of the board are payable out of the money derived from fees and penalties paid or transmitted to the board [under] pursuant to the provisions of this chapter, and no part thereof may be paid out of the state treasury.

      Sec. 30.  NRS 641B.140 is hereby amended to read as follows:

      641B.140  1.  Each member of the board is entitled to receive:

      [1.] (a) A salary of not more than [$60] $80 per day, as fixed by the board, while engaged in the business of the board [.

      2.  Reimbursement for his actual and necessary expenses for subsistence, lodging and transportation while traveling on the business of the board.] ; and

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

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

      Sec. 31.  NRS 642.030 is hereby amended to read as follows:

      642.030  1.  Before entering upon their duties the members of the board shall respectively take and subscribe to the oath required of other state officers. The secretary of state is authorized to administer the oath, and each oath must be filed in his office.

      2.  The members of the board are entitled to receive:

      (a) A salary of not more than [$60] $80 per day, as fixed by the board, while engaged in the business of the board [.


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

ê1989 Statutes of Nevada, Page 1704 (Chapter 736, SB 532)ê

 

      (b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.] ; and

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

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

      Sec. 32.  NRS 643.030 is hereby amended to read as follows:

      643.030  1.  The board shall elect a president. No person may serve as president for more than 4 consecutive years.

      2.  The board shall elect a vice president.

      3.  The board shall elect a secretary-treasurer, who may or may not be a member of the board. The board shall fix the salary of the secretary-treasurer, which must not exceed the sum of $2,400 per year.

      4.  Each officer and member of the board is entitled to receive:

      (a) A salary of not more than [$60] $80 per day, as fixed by the board, while engaged in the business of the board [.

      (b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.] ; and

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

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

      6.  The secretary-treasurer shall:

      (a) Keep a record of all proceedings of the board.

      (b) Give to the state a bond in the sum of $2,000, with sufficient sureties, for the faithful performance of his duties. The bond must be approved by the board.

      Sec. 33.  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] :

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

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


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

ê1989 Statutes of Nevada, Page 1705 (Chapter 736, SB 532)ê

 

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

      5.  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. 34.  NRS 645.140 is hereby amended to read as follows:

      645.140  1.  Except as otherwise provided in this section, all fees, penalties and charges received by the division pursuant to NRS 645.660 and 645.830 must be deposited with the state treasurer for credit to the state general fund. The fees received by the division from the sale of publications must be retained by the division to pay the costs of printing and distributing publications, and any surplus must be deposited with the state treasurer for credit to the state general fund. Money for the support of the division must be provided by direct legislative appropriation, and be paid out on claims as other claims against the state are paid.

      2.  Each member of the commission is entitled to receive [a] :

      (a) A salary of not more than [$60] $80 per day, as fixed by the commission, while engaged in the business of the commission [.] ; and

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

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

      Sec. 35.  NRS 648.020 is hereby amended to read as follows:

      648.020  1.  The private investigator’s licensing board, consisting of the attorney general or his deputy and four members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) One member who is a private investigator.

      (b) One member who is a private patrolman.

      (c) One member who is a polygraphic examiner.

      (d) One member who is a representative of the general public.

      3.  The chairman of the board is the attorney general or a deputy attorney general designated by the attorney general to act in that capacity.

      4.  Each member of the board, except the chairman, is entitled to receive:

      (a) A salary of not more than [$60,] $80, as fixed by the board, for each day or portion of a day during which he attends a meeting of the board; and

      (b) [The per diem allowance provided by law for state officers and employees generally; and

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

      5.  While engaged in the business of the board, each employee of the board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board.


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

ê1989 Statutes of Nevada, Page 1706 (Chapter 736, SB 532)ê

 

by the board. The rate must not exceed the rate provided for state officers and employees generally.

      6.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.

      Sec. 36.  NRS 652.170 is hereby amended to read as follows:

      652.170  1.  The board shall appoint the members of the medical laboratory advisory committee.

      2.  After the initial terms, members shall serve for 3-year terms.

      3.  A member may not serve for more than two consecutive terms. Service of 2 or more years in filling an unexpired term constitutes a term.

      4.  The advisory committee is composed of:

      (a) Two pathologists, certified in clinical pathology by the American Board of Pathology.

      (b) Two medical technologists.

      (c) One bioanalyst who is a laboratory director.

      (d) One qualified biochemist from the University of Nevada.

      (e) One licensed physician actively engaged in the practice of clinical medicine in this state.

      5.  No member of the advisory committee may have any financial or business arrangement with any other member which pertains to the business of laboratory analysis.

      6.  The state health officer or his designated representative is an ex officio member of the advisory committee.

      7.  Each member of the advisory committee is entitled to receive [a] :

      (a) A salary of not more than $60 , as fixed by the board, for each day’s attendance at a meeting of the committee [.] ; and

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

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

      Sec. 37.  NRS 654.100 is hereby amended to read as follows:

      654.100  1.  The board shall hold at least one regular annual meeting and may meet at such other times as a meeting may be called by the chairman or a majority of the membership.

      2.  Three members of the board [shall] constitute a quorum for the transaction of business.

      3.  Each member of the board is entitled to receive [per diem and travel expenses in accordance with rules adopted by the board not to exceed the amount provided by law for state employees.] :

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

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


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ê1989 Statutes of Nevada, Page 1707 (Chapter 736, SB 532)ê

 

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

      Sec. 38.  NRS 654.120 is hereby amended to read as follows:

      654.120  1.  The secretary of the board shall receive and account for all [moneys] money paid to the board [under] pursuant to this chapter. The secretary of the board shall deposit [such moneys] the money in banks or savings and loan associations in the State of Nevada.

      2.  All [moneys] money received by the board [under] pursuant to this chapter [shall] must be used to:

      (a) Pay the salaries and per diem and travel expenses of the members and employees of the board.

      (b) Administer the provisions of this chapter.

      3.  Any [moneys which remain] money which remains at the end of the fiscal year [shall] must be retained for future disbursement for the purposes enumerated in subsection 2.

      Sec. 39.  NRS 656.070 is hereby amended to read as follows:

      656.070  1.  Each member of the board is entitled to receive [$60] :

      (a) A salary of not more than $80 per day [for the time the board is in session to perform its duties under this chapter.] , as fixed by the board, while engaged in the business of the board; and

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

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

      3.  The expenses of the members and employees of the board and the expenses of the board must be paid from the fees collected [under] pursuant to the provisions of this chapter and [such] the expenses must not exceed the amount so collected.

      Sec. 40.  NRS 1.390 is hereby amended to read as follows:

      1.390  1.  Each member of the commission who is not a judicial officer is entitled to receive [$40] a salary of not more than $80, as fixed by the commission, for each day’s attendance at each meeting of the commission.

      2.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 41.  NRS 1.430 is hereby amended to read as follows:

      1.430  1.  Each member of the commission who is not a judicial officer is entitled to receive [$60] a salary of not more than $80, as fixed by the commission, for each day’s attendance at each meeting of the commission.

      2.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.


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

ê1989 Statutes of Nevada, Page 1708 (Chapter 736, SB 532)ê

 

      Sec. 42.  NRS 176.003 is hereby amended to read as follows:

      176.003  1.  The commission for establishing suggested sentences for felonies, consisting of 13 voting members, is hereby created.

      2.  The governor shall appoint:

      (a) One member who is a justice of the supreme court;

      (b) Two members who are district judges;

      (c) One member who is a senator;

      (d) One member who is an assemblyman;

      (e) One member who is an attorney in private practice who specializes in defending criminal actions;

      (f) One member who is a district attorney;

      (g) One member who is a representative of the attorney general;

      (h) One member who is a representative of a law enforcement agency; and

      (i) Two members who are representatives of the general public.

The director of the department of prisons and the chief parole and probation officer are ex officio members of the commission.

      3.  The attorney in private practice and the representatives of the general public who are members of the commission are entitled to receive [$60] a salary of not more than $80, as fixed by the commission, for each day’s attendance at a meeting of the commission. The legislators who are members of the commission are entitled to receive the salary provided for a majority of the members of the legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the commission.

      4.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 43.  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] not more than $80, as fixed by the commission, for each day he is engaged in the business of the commission.

      3.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  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. 44.  NRS 233.030 is hereby amended to read as follows:

      233.030  1.  The Nevada equal rights commission consisting of five members appointed by the governor, is hereby created.

      2.  Each member of the commission is entitled to receive [as compensation $60] a salary of not more than $80, as fixed by the commission, for each day actually employed on the work of the commission.


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ê1989 Statutes of Nevada, Page 1709 (Chapter 736, SB 532)ê

 

      3.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 45.  NRS 233A.080 is hereby amended to read as follows:

      233A.080  1.  Commissioners who are not in the regular employ of the [State of Nevada] state are entitled to receive a salary of [$60 for time actually] not more than $80, as fixed by the commission, for each day spent on the work of the commission. Commissioners who are in the regular employ of the state shall serve without additional salary.

      2.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  Claims for payment of all expenses incurred by the commission, including the salaries and expenses of its commissioners, must be made on vouchers and paid as other claims against the state are paid.

      Sec. 46.  NRS 233C.050 is hereby amended to read as follows:

      233C.050  1.  Each member of the council is entitled to [$60] receive a salary of not more than $80, as fixed by the council, for each day or portion thereof during which he is in attendance at a regularly called meeting of the council.

      2.  While engaged in the business of the council, each member and employee of the council is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 47.  NRS 281.461 is hereby amended to read as follows:

      281.461  1.  The commission shall:

      (a) At its first meeting an annually thereafter elect a chairman from among its members.

      (b) Meet regularly at least once in each calendar quarter, unless there are no requests made for an opinion pursuant to NRS 281.511, and at other times upon the call of the chairman.

      2.  Members of the commission are entitled to receive a salary of [$60 per day] not more than $80 per day, as fixed by the commission, while engaged in the business of the commission.

      3.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  The secretary of state shall designate a member of his staff to assist the commission in performing the clerical functions related to the review of statements of financial disclosure pursuant to NRS 281.561, including the keeping of all necessary records related thereto.

      [4.] 5.  The commission may, within the limits of legislative appropriation:

      (a) Employ such persons as are necessary to carry out any of its duties relating to the administration of its affairs, other than those relating to the review of statements of financial disclosure; and

      (b) Maintain such facilities as are required to carry out its functions.


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

ê1989 Statutes of Nevada, Page 1710 (Chapter 736, SB 532)ê

 

      Sec. 48.  Chapter 284 of NRS is hereby amended by adding thereto a new section to read as follows:

      Any board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS which contracts for the services of a person, shall require the contract for those services to be in writing. The contract must be approved by the state board of examiners before those services may be provided.

      Sec. 49.  NRS 284.013 is hereby amended to read as follows:

      284.013  1.  This chapter does not apply to:

      (a) Agencies, bureaus, commissions, officers or personnel in the legislative department or the judicial department of state government; [or]

      (b) Any person who is employed by the board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS; or

      (c) Officers or employees of any agency of the executive department of the state government who are exempted by specific statute.

      2.  Except as otherwise provided in subsection 3, the terms and conditions of employment of all persons referred to in subsection 1, including salaries not prescribed by law and leaves of absence, including , without limitation , annual leave and sick and disability leave, must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations.

      3.  Except as otherwise provided in this subsection, leaves of absence prescribed pursuant to subsection 2 must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter. The provisions of this subsection do not govern the legislative commission with respect to the personnel of the legislative counsel bureau.

      Sec. 50.  NRS 284.045 is hereby amended to read as follows:

      284.045  1.  While engaged in official business of the department, the members of the commission are entitled to receive a salary of [$60] not more than $80 per day [.] , as fixed by the commission.

      2.  While engaged in the business of the department, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 51.  NRS 288.100 is hereby amended to read as follows:

      288.100  1.  Each member of the board is entitled to receive [$60] a salary of not more than $80, as fixed by the board, for each day in which he is engaged in the business of the board.

      2.  While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 52.  NRS 288.135 is hereby amended to read as follows:

      288.135  1.  The employee-management relations advisory committee is hereby created, to consist of six members, three of whom must be representatives or designees of employee organizations and three of whom must be representatives or designees of local government employers.

      2.  The governor shall appoint the members of the advisory committee on the basis of recommendations of employee organizations and local government employers who are affected by the provisions of this chapter. No employee organization and no local government employer may have more than one representative or designee appointed as a member of the advisory committee.


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

ê1989 Statutes of Nevada, Page 1711 (Chapter 736, SB 532)ê

 

employee organization and no local government employer may have more than one representative or designee appointed as a member of the advisory committee.

      3.  Whenever a vacancy occurs on the advisory committee, other than through the expiration of a term of office, the vacancy must filled for the remainder of the term through appointment by the remaining:

      (a) Representatives or designees of local government employers, if the vacating member represents a local government employer.

      (b) Representatives or designees of employee organizations, if the vacating member represents an employee organization.

      4.  Members of the committee are entitled to receive a salary of [$40] not more than $60, as fixed by the committee, for each day’s attendance at a meeting of the committee.

      5.  While engaged in the business of the committee, each member and employee of the committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  For any purpose other than selection of persons qualified to be appointed to the board, any four members of the advisory committee constitute a quorum.

      Sec. 53.  NRS 321.5967 is hereby amended to read as follows:

      321.5967  1.  There is hereby created a board of review composed of [the:

      (a) Director] :

      (a) The director of the state department of conservation and natural resources;

      (b) [Administrator] The administrator of the division of environmental protection of the state department of conservation and natural resources;

      (c) [Executive] The executive director of the department of minerals;

      (d) [Administrator] The administrator of the division of state parks of the state department of conservation and natural resources;

      (e) [State] The state engineer;

      (f) [State] The state forester firewarden;

      (g) [Chairman] The chairman of the state environmental commission;

      (h) [Executive] The executive director of the state department of agriculture;

      (i) The chairman of the board of wildlife commissioners; and

      (j) [Administrator] The administrator of the division of historic preservation and archeology of the state department of conservation and natural resources.

      2.  The chairman of the state environmental commission shall serve as chairman of the board.

      3.  The board shall meet at such times and places as are specified by a call of the chairman. Six members of the board constitute a quorum. The affirmative vote of a majority of the board members present is sufficient for any action of the board.

      4.  Except as otherwise provided in this subsection, the members of the board serve without compensation. The chairman of the state environmental commission and the chairman of the board of wildlife commissioners are entitled to receive a salary of [$60] not more than $80, as fixed by the board, for each day’s attendance at a meeting of the board.


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

ê1989 Statutes of Nevada, Page 1712 (Chapter 736, SB 532)ê

 

entitled to receive a salary of [$60] not more than $80, as fixed by the board, for each day’s attendance at a meeting of the board.

      5.  While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  The board:

      (a) Shall review and approve or disapprove all regulations proposed by the state land registrar [under] pursuant to NRS 321.597.

      (b) May review any decision of the state land registrar made pursuant to NRS 321.596 to 321.599, inclusive, if an appeal is taken pursuant to NRS 321.5987, and affirm, modify or reverse the decision.

      (c) Shall review any plan or statement of policy concerning the use of lands in Nevada under federal management which is submitted by the state land use planning agency.

      Sec. 54.  NRS 341.050 is hereby amended to read as follows:

      341.050  1.  Each member of the board is 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.

      2.  [Each member is entitled to payment of his actual and necessary expenses incurred in the performance of his official duties and in attending meetings of the board. Such expenses] While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowances and travel expenses must be paid from money appropriated for the use of the board.

      Sec. 55.  NRS 349.958 is hereby amended to read as follows:

      349.958  1.  Each member of the board is entitled to receive a salary of [$60] not more than $80 per day , as fixed by the board, for [their] his services while actually engaged in the performance of [their duties as members] his duties as a member of the board.

      2.  While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 56.  NRS 355.020 is hereby amended to read as follows:

      355.020  1.  The two members appointed by the governor are each entitled to receive [$60] a salary of not more than $80 per day , as fixed by the board, for their services while actually engaged in the performance of their duties as members of the board . [, and are also entitled to traveling and necessary expenses incurred in the performance of such duties.]

      2.  While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 57.  NRS 360.050 is hereby amended to read as follows:

      360.050  1.  Each of the commissioners is entitled to receive [as compensation $60] a salary of not more than $80, as fixed by the commission, for each day actually employed on the work of the commission.

      2.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.


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

ê1989 Statutes of Nevada, Page 1713 (Chapter 736, SB 532)ê

 

      Sec. 58.  NRS 361.375 is hereby amended to read as follows:

      361.375  1.  The state board of equalization, consisting of five members appointed by the governor, is hereby created. The governor shall designate one of the members to serve as chairman of the board.

      2.  The governor shall appoint:

      (a) One member who is a certified public accountant or a registered public accountant.

      (b) One member who is a property appraiser with a professional designation.

      (c) One member who is versed in the valuation of centrally assessed properties.

      (d) Two members who are versed in business generally.

      3.  Only three of the members may be of the same political party and no more than two may be from the same county.

      4.  An elected public officer or his deputy, employee or any person appointed by him to serve in another position must not be appointed to serve as a member of the state board of equalization.

      5.  After the initial terms, members serve terms of 4 years, except when appointed to fill unexpired terms. No member may serve more than two full terms consecutively.

      6.  Any member of the board may be removed by the governor if, in his opinion, that member is guilty of malfeasance in office or neglect of duty.

      7.  Each [board] member of the board is entitled to receive [as compensation $60] a salary of not more than $80, as fixed by the board, for each day actually employed on the work of the board.

      8.  While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      9.  A majority of the members of the board constitutes a quorum, and a majority of the board shall determine the action of the board. The board may adopt regulations governing the conduct of its business.

      [9.] 10.  The staff of the state board of equalization must be provided by the department and the executive director is the secretary of the board.

      Sec. 59.  NRS 380A.071 is hereby amended to read as follows:

      380A.071  1.  The council may meet regularly at least twice each year and, within the limits of legislative appropriations, may hold additional meetings upon the call of the chairman.

      2.  Each member of the council is entitled to receive a salary of [$60] not more than $80, as fixed by the council, for each day’s attendance at a meeting of the council.

      3.  While engaged in the business of the council, each member and employee of the council is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  Payments must be made upon itemized and verified claims approved by the state librarian from money appropriated to the state library and archives.

      Sec. 60.  NRS 384.050 is hereby amended to read as follows:

      384.050  1.  The governor shall appoint:

      (a) One member who is a county commissioner of Storey County.

      (b) One member who is a county commissioner of Lyon County.


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

ê1989 Statutes of Nevada, Page 1714 (Chapter 736, SB 532)ê

 

      (c) One member who is the administrator or an employee of the division of historic preservation and archeology of the state department of conservation and natural resources.

      (d) Two members who are persons licensed to practice architecture in this state.

      (e) Four members who are persons interested in the protection and preservation of structures, sites and areas of historic interest and are residents of the district.

      2.  The commission shall elect one of its members as chairman and another as vice chairman, who shall serve for a term of 1 year or until their successors are elected and qualified.

      3.  Each member of the commission is entitled to receive a salary of [$60] not more than $80, as fixed by the commission, for each day’s attendance at a meeting of the commission.

      4.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 61.  NRS 385.050 is hereby amended to read as follows:

      385.050  1.  Each member of the state board of education is entitled to receive compensation of not more than [$60] $80 per day , as fixed by the board, for attending each meeting of the board, not to exceed 12 meetings in any calendar year.

      2.  While engaged in the business of the state board, each member and employee of the state board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  Claims for compensation and expenses must be approved by the superintendent of public instruction and the state board of examiners, and must be paid from money provided by direct legislative appropriation from the state general fund as other claims against the state are paid.

      Sec. 62.  NRS 394.383 is hereby amended to read as follows:

      394.383  1.  The commission on postsecondary education, consisting of seven members appointed by the governor, is hereby created.

      2.  The members of the commission are entitled to receive a salary of [$60] not more than $80, as fixed by the commission, for each day’s attendance at a meeting of the commission.

      3.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 63.  NRS 422.130 is hereby amended to read as follows:

      422.130  1.  For each day’s attendance at each meeting of the board, each member of the board is entitled to receive a salary of [$60] not more than $80 per day [.] , as fixed by the board.

      2.  While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 64.  NRS 427A.036 is hereby amended to read as follows:

      427A.036  1.  Each voting member of the commission is entitled to receive a salary of not more than [$60] $80 per day, as fixed by the commission, while engaged in the business of the commission.


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

ê1989 Statutes of Nevada, Page 1715 (Chapter 736, SB 532)ê

 

      2.  While engaged in the business of the commission, each member of the commission appointed pursuant to subsection 2 or paragraph (a), (b) or (d) or subsection 3 of NRS 427A.032 and each employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  The commission may expend in accordance with law all money made available for its use.

      [3.] 4.  Except during a regular or special session of the legislature, each legislative member of the [committee] commission is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the [committee] commission or is otherwise engaged in the business of the [committee] commission, plus the per diem allowance and travel expenses provided for state officers and employees generally. The salaries and expenses of the legislative members of the [committee] commission must be paid from the legislative fund.

      Sec. 65.  NRS 428A.050 is hereby amended to read as follows:

      428A.050  1.  Each member of the board who is not an employee of the state is entitled to receive [the sum of $60] a salary of not more than $80 per day , as fixed by the board, while attending meetings of the board . [and is entitled to be reimbursed for his actual and necessary expenses incurred in the performance of his duties.]

      2.  While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 66.  NRS 432A.075 is hereby amended to read as follows:

      432A.075  1.  The board may meet regularly at least four times a year and may meet at such other times as the board deems necessary.

      2.  Each member of the board is 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.

      3.  While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 67.  NRS 439.080 is hereby amended to read as follows:

      439.080  1.  Each appointive member of the state board of health is entitled to receive [the sum of $60] a salary of not more than $80 per day , as fixed by the board, while attending meetings of the board.

      2.  While engaged in the business of the state board of health, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 68.  NRS 445.451 is hereby amended to read as follows:

      445.451  1.  The state environmental commission is hereby created in the state department of conservation and natural resources. The commission consists of:

      (a) The director of the department of wildlife;

      (b) The state forester firewarden;

      (c) The state engineer;


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

ê1989 Statutes of Nevada, Page 1716 (Chapter 736, SB 532)ê

 

      (d) The executive director of the state department of agriculture;

      (e) The executive director of the department of minerals;

      (f) A member of the state board of health to be designated by that board; and

      (g) Four members appointed by the governor , one of whom is a person who is a general engineering contractor or a general building contractor licensed pursuant to chapter 624 of NRS.

      2.  The governor shall appoint the chairman of the commission from among the members.

      3.  A majority of the members constitutes a quorum and a majority of those present must concur in any decision.

      4.  Each member who is appointed by the governor is entitled to receive a salary of [$60] not more than $80, as fixed by the commission, for each day’s attendance at a meeting of the commission.

      5.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as a member of the commission. This subsection does not apply to any person who receives or has received during the previous 2 years, a significant portion of his income from any department or agency of state government which [may be] is a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.

      [6.] 7.  The state department of conservation and natural resources shall provide technical advice, support and assistance to the commission. All state officers, departments, commissions and agencies, including the department of transportation, the department of wildlife, the department of human resources, the University of Nevada System, the state public works board, the department of motor vehicles and public safety, the public service commission of Nevada and the state department of agriculture may also provide technical advice, support and assistance to the commission.

      Sec. 69.  NRS 466.050 is hereby amended to read as follows:

      466.050  1.  The commission shall meet at such [time] times and places within [the State of Nevada] this state as the commission determines.

      2.  The members of the commission are entitled to receive [as compensation $60] a salary of not more than $80, as fixed by the commission, for each day actually employed on the work of the commission.

      3.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  A majority of the members of the commission [constitute] constitutes a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission.

      Sec. 70.  NRS 467.055 is hereby amended to read as follows:

      467.055  1.  Members of the commission, [when] if authorized by the chairman, are entitled to receive [as compensation $60] a salary of not more than $80, as fixed by the commission, for each full-day meeting of the commission.


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

ê1989 Statutes of Nevada, Page 1717 (Chapter 736, SB 532)ê

 

than $80, as fixed by the commission, for each full-day meeting of the commission.

      2.  While engaged in the business of the commission, each member and employee of the commission is, upon the authorization of the chairman, entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  The executive director of the commission is in the unclassified service of the state. He shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      [3.] 4.  Each inspector for the commission is entitled to receive for the performance of his duties a fee approved by the commission.

      [4.  All travel expenses and subsistence allowances of the members of the commission, its inspectors and its executive director must be authorized by the chairman.]

      Sec. 71.  NRS 501.179 is hereby amended to read as follows:

      501.179  1.  Members of the commission are entitled to receive [$60 per day] a salary of not more than $80 per day, as fixed by the commission, while performing official duties for the commission.

      2.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  Compensation and expenses must be paid from the wildlife account within the state general fund.

      Sec. 72.  NRS 504.440 is hereby amended to read as follows:

      504.440  1.  There is hereby created the commission for the preservation of wild horses. The commission consists of three members appointed by the governor as follows:

      (a) A representative of an organization whose purpose is to preserve wild horses and whose headquarters are in Nevada;

      (b) An owner or manager of property used for ranching; and

      (c) A member of the general public who:

             (1) Is not engaged in ranching or farming; and

             (2) Has not been previously engaged in efforts to protect wild horses.

      2.  After the initial terms, the members shall serve terms of 3 years. Any vacancy in the membership must be filled for the unexpired term.

      3.  Each member of the commission for the preservation of wild horses is entitled to receive [$60] a salary of not more than $80, as fixed by the commission, for each day he is engaged in the business of the commission.

      4.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      5.  The commission for the preservation of wild horses shall meet at least quarterly each year and on the call of the executive director or any two members.

      Sec. 73.  NRS 513.033 is hereby amended to read as follows:

      513.033  1.  Each member of the commission is entitled to receive a salary of [$60] not more than $80, as fixed by the commission, for each day while engaged in the business of the commission.


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ê1989 Statutes of Nevada, Page 1718 (Chapter 736, SB 532)ê

 

      2.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 74.  NRS 538.101 is hereby amended to read as follows:

      538.101  1.  While engaged in official business of the commission, each commissioner is entitled to receive [$60 per day as compensation] a salary of not more than $80 per day, as fixed by the commission,

      2.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  The director or an employee of the commission designated by the director [,] shall certify all bills and claims for compensation, per diem expense allowances and travel expenses of the commissioners, and shall submit them for payment in the same manner as all other state claims. The bills and claims must be paid from the Colorado River commission fund or any other fund administered by the commission and designated to be used for those expenses by the director.

      [3.] 4.  The commission shall provide its members with industrial insurance through the state industrial insurance system and shall budget and pay for the premiums for that insurance.

      Sec. 75.  NRS 538.320 is hereby amended to read as follows:

      538.320  1.  Commissioners who are not in the regular employ of the [State of Nevada] state are entitled to receive a salary of [$60 per day] not more than $80 per day, as fixed by the commission, for time actually spent on the work of the commission, except when a commissioner is employed by the commission to render special, technical or professional services, in which event the commissioner is entitled to receive fees and expenses commensurate with the service rendered.

      2.  While engaged in the business of the commission, each member of the commission who is not employed by the commission to render special, technical or professional services and each employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 76.  NRS 538.450 is hereby amended to read as follows:

      538.450  1.  Commissioners who are not in the regular employ of the [State of Nevada] state are entitled to receive a salary of [$60 per day] not more than $80 per day, as fixed by the commission, for time actually spent on the work of the commission.

      2.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  Claims for payment of all expenses incurred by the Columbia Basin interstate compact commission of the State of Nevada, including the salary and expenses of its commissioners, must be made by the office of the state engineer on vouchers approved by the state engineer and the state board of examiners and paid as other claims against the state are paid.

      Sec. 77.  NRS 538.560 is hereby amended to read as follows:

      538.560  1.  The commissioner appointed pursuant to NRS 538.550, if not in the regular employ of the state, is entitled to [compensation of $60 a day] receive a salary of not more than $80 per day, as fixed by the commission, for time actually spent on the work of the Columbia Compact Commission.


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ê1989 Statutes of Nevada, Page 1719 (Chapter 736, SB 532)ê

 

day] receive a salary of not more than $80 per day, as fixed by the commission, for time actually spent on the work of the Columbia Compact Commission.

      2.  If the commissioner is in the regular employ of the state, he is not entitled to additional compensation.

      3.  While engaged in the business of the commission, the commissioner is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  Claims for payment of all expenses incurred by the commissioner must be made by the office of the state engineer on vouchers approved by the state engineer and the state board of examiners and paid as other claims against the state are paid.

      Sec. 78.  NRS 538.620 is hereby amended to read as follows:

      538.620  1.  The Nevada members of the California-Nevada Interstate Compact Commission, designated or appointed pursuant to Article IV of the compact, if not in the regular employ of the state, are entitled to [compensation of $60 a day] receive a salary of not more than $80 per day, as fixed by the commission, for time actually spent on the work of the compact commission.

      2.  The state engineer and any other Nevada commission members who are in the regular employ of the state are not entitled to additional compensation.

      3.  While engaged in the business of the commission, the state engineer and any other Nevada commission members are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  Claims for payment of all such expenses incurred by the commission members must be made by the office of the state engineer on vouchers approved by the state engineer and the state board of examiners and paid as other claims against the state are paid.

      Sec. 79.  NRS 548.145 is hereby amended to read as follows:

      548.145  1.  Each member of the commission is entitled to receive a salary of [$60] not more than $80, as fixed by the commission, for each day’s attendance at a meeting of the commission.

      2.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  The director of the state department of conservation and natural resources shall include in his budget the money necessary for the operating expenses of the commission.

      Sec. 80.  NRS 548.480 is hereby amended to read as follows:

      548.480  1.  The members of the board of adjustment [shall receive compensation for their services at the rate of $25 per day] are entitled to receive a salary of not more than $80 per day, as fixed by the board, for time spent on the work of the board of adjustment . [, in addition to expenses, including traveling expenses, necessarily incurred in the discharge of their duties.]

      2.  While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.


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ê1989 Statutes of Nevada, Page 1720 (Chapter 736, SB 532)ê

 

      Sec. 81.  NRS 561.075 is hereby amended to read as follows:

      561.075  1.  While engaged in [official] the business of the department, [the members] each member of the board [are] is entitled to receive [salaries not exceeding $60] a salary of not more than $80 per day [for each member attending meetings or performing other official business, to be apportioned and] , as fixed by the board.

      2.  While engaged in the business of the department, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  The salaries, per diem allowances and travel expenses of the members and employees of the board must be paid from any [funds] money available to the department.

      Sec. 82.  NRS 563.060 is hereby amended to read as follows:

      563.060  1.  The members of the board are entitled to receive a salary of [$60] not more than $80, as fixed by the board, for each day’s attendance at a meeting of the board.

      2.  While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 83.  NRS 584.445 is hereby amended to read as follows:

      584.445  1.  Each member of the commission is entitled to receive a salary of not more than [$75] $80 per day, as fixed by the commission, while engaged in the business of the commission.

      2.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  The commission may expend in accordance with law all money made available for its use.

      Sec. 84.  NRS 590.485 is hereby amended to read as follows:

      590.485  1.  The board for the regulation of liquefied petroleum gas, consisting of five members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) One member who is a volunteer fireman in a rural area of this state.

      (b) One member who is a fireman employed by the fire department of a city in this state.

      (c) One member who is engaged in the sale or distribution of liquefied petroleum gas in this state.

      (d) Two members who are representatives of the general public.

      3.  After the initial terms, the members of the board must be appointed to terms of 4 years.

      4.  Any appointed member may, for cause, inefficiency or neglect of duties, be removed from office by the governor.

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

      6.  While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.


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ê1989 Statutes of Nevada, Page 1721 (Chapter 736, SB 532)ê

 

      7.  The [subsistence] salaries, per diem allowances and travel expenses of the members and employees of the board must be paid out of the money of the board, after approval by a majority of the board.

      [7.] 8.  No more than three members of the board may belong to the same political party.

      Sec. 85.  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] not more than $80 per day, as fixed by the council, while attending meetings of the council.

      2.  While engaged in the business of the council, each member and employee of the council is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 86.  NRS 612.325 is hereby amended to read as follows:

      612.325  1.  The board of review, consisting of three members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) One member who is a representative of labor.

      (b) One member who is a representative of employers.

      (c) One member who is a representative of the general public.

      3.  The governor may, at any time after notice and hearing, remove any member of the board of review for cause.

      4.  Each member is entitled to [be paid] receive a salary from the unemployment compensation administration fund [at the rate of $60 per day] of not more than $80, as fixed by the board, for each day of active service.

      5.  While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 87.  NRS 612.490 is hereby amended to read as follows:

      612.490  1.  To hear and decide appealed claims, the board of review shall appoint one or more impartial appeal tribunals consisting in each case of either a salaried examiner, selected in accordance with NRS 612.230, or a body consisting of three members, one of whom must be a salaried examiner and who serves as chairman, one of whom must be a representative of employers and the other of whom must be a representative of employees. Each of the latter two members serves at the pleasure of the board of review and each is entitled to be paid a fee of not more than [$60 per day] $80, as fixed by the board, for each day of active service on [such tribunal, plus traveling expenses and subsistence allowances in the amounts specified in NRS 281.160.

      2.] the tribunal.

      2.  While engaged in the business of the tribunal, each member of the tribunal is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  No person may participate on behalf of the executive director or the board of review in any case in which he is an interested party.

      [3.] 4.  The board of review may designate alternates to serve in the absence or disqualification of any member of an appeal tribunal. The chairman shall act alone in the absence or disqualification of any other member and his alternates.


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ê1989 Statutes of Nevada, Page 1722 (Chapter 736, SB 532)ê

 

      [4.] 5.  A hearing may not proceed unless the chairman of the appeal tribunal is present.

      [5.] 6.  The executive director shall provide the board of review and the appeal tribunal with proper facilities and assistants for the execution of their functions.

      Sec. 88.  NRS 618.595 is hereby amended to read as follows:

      618.595  1.  Each member of the board is entitled to [compensation of $60 per day] receive a salary of not more than $80, as fixed by the board, for each day or portion thereof for attendance at meetings of the board.

      2.  While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 89.  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] a salary of not more than $80, as fixed by the authority, for each day actually employed on work of the authority.

      3.  While engaged in the business of the taxicab authority, each member and employee of the authority is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  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.] 5.  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.] 6.  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. 90.  Any board which has, on or before January 1, 1989, established a per diem allowance and travel expenses at a rate which is greater than the rate provided for state officers and employees generally, shall report its rate to the state board of examiners as soon as practicable after the effective date of this act.


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ê1989 Statutes of Nevada, Page 1723 (Chapter 736, SB 532)ê

 

      Sec. 91.  Sections 4, 20, 64 and 69 of this act become effective at 12:01 a.m. on October 1, 1989.

 

________

 

 

CHAPTER 737, AB 661

Assembly Bill No. 661–Committee on Government Affairs

CHAPTER 737

AN ACT relating to airport authorities; clarifying that certain airport authorities are political subdivisions for the purposes of certain statutes; making various changes regarding the Airport Authority of Washoe County; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 41.0305 is hereby amended to read as follows:

      41.0305  As used in NRS 41.031 to 41.039, inclusive, the term “political subdivision” includes an airport authority created by special act of the legislature, 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. 2.  Section 6 of chapter 474, Statutes of Nevada 1977, as amended by chapter 494, Statutes of Nevada 1985, at page 1509, is hereby amended to read as follows:

       Sec. 6.  1.  Each member of the board shall file with the county clerk:

       (a) His oath of office.

       (b) A corporate surety bond furnished at the authority’s expense, in an amount not to exceed $5,000, and conditioned for the faithful performance of his duties as a member of the board.

       2.  No member of the board, during his term thereon, may hold any elective office, have any financial interest in the aviation industry or have a financial interest in any contract or other transaction with the board or the authority other than as that contract or transaction may be made available to a member of the general public in the course of the authority’s business.

       3.  Each member of the board is entitled to receive [$160] $420 per month or [$40] $60 for each meeting attended or for any portion of a day spent on the business of the authority at the request of the board, whichever is less.

       4.  For the purposes of this section, “financial interest” means:

       (a) Ownership of 10 percent or more of the capital stock or assets of any business entity, directly or through a member of the interested person’s household.

       (b) Income amounting to 10 percent or more of the gross income of the interested person.


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ê1989 Statutes of Nevada, Page 1724 (Chapter 737, AB 661)ê

 

      Sec. 3.  Section 7 of chapter 474, Statutes of Nevada 1977, at page 970, is hereby amended to read as follows:

       Sec. 7.  1.  The board shall choose one of its members as chairman and one of its members as vice chairman, and shall elect a secretary and a treasurer, who may be members of the board. The secretary and the treasurer may be one person. The terms of the officers expire on July 1 of each [odd-numbered] year.

       2.  Chairmen must be selected from trustees appointed by the participating local governments in the following order:

       (a) The City of Reno;

       (b) The City of Sparks; and

       (c) Washoe County.

       3.  The secretary shall keep, in a well-bound book, a record of all of the proceedings of the board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the board. The minute book and records must be open to the inspection of all interested persons, at all reasonable times and places.

       4.  The treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the board and the authority. He shall file with the county clerk, at authority expense, a corporate fidelity bond in an amount not less than $25,000, conditioned for the faithful performance of his duties.

      Sec. 4.  Section 9 of chapter 474, Statutes of Nevada 1977, at page 970, is hereby amended to read as follows:

       Sec. 9.  1.  The board shall comply with the provisions of the Local Government Purchasing Act and the Local Government Budget Act.

       2.  This section does not require that concession agreements entered into by the board comply with the bidding requirements of the Local Government Purchasing Act.

      Sec. 5.  Section 10 of chapter 474, Statutes of Nevada 1977, as last amended by chapter 494, Statutes of Nevada 1985, at page 1510, is hereby amended to read as follows:

       Sec. 10.  The authority may do all things necessary to accomplish the purposes of this act. The authority has perpetual succession and may, by way of example and not of limitation:

       1.  Sue and be sued.

       2.  Plan, establish, acquire, construct, improve and operate one or more airports within Washoe County.

       3.  Acquire real or personal property or any interest therein by gift, lease or purchase for any of the purposes provided in this section, including the elimination, prevention or marking of airport hazards.

       4.  Sell, lease or otherwise dispose of any real property in such manner and upon such terms and conditions as the board deems proper and in the best interests of the authority.

       5.  Acquire real property or any interest therein in areas most affected by the noise of aircraft for the purpose of resale or lease thereof, subject to restrictions limiting its use to industrial or other purposes least affected by aircraft noise.


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

ê1989 Statutes of Nevada, Page 1725 (Chapter 737, AB 661)ê

 

       6.  Enter into agreements with Washoe County and the cities of Reno and Sparks to acquire, by lease, gift, purchase or otherwise, any airport of such county or municipality and to operate that airport.

       7.  Exercise the power of eminent domain and dominant eminent domain in the manner provided by law for the condemnation by a city of private property for public use to take any property necessary to the exercise of the powers granted, within Washoe County.

       8.  Apply directly to the proper federal, state, county and municipal officials and agencies or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of airports operated by it, and accept the same.

       9.  Study and recommend to the board of county commissioners of Washoe County and the city councils of the cities of Reno and Sparks zoning changes in the area of any airport operated by the authority with respect to noise, height and aviation obstructions in order to enable the authority to meet the requirements of any regulations of the Federal Aviation Administration.

       10.  Control its airports with the right and duty to establish and charge fees, rentals, rates and other charges, and collect revenues therefrom, not inconsistent with the rights of the holders of its bonds, and enter into agreements with carriers for the payment of landing fees, rental rates and other charges.

       11.  Use in the performance of its functions the officers, agents, employees, services, facilities, records and equipment of Washoe County or the cities of Reno and Sparks, with the consent of the respective county or municipality, and subject to such terms and conditions as may be agreed upon.

       12.  Enter upon such lands, waters or premises as in the judgment of the authority may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this act. The authority is liable for actual damage done.

       13.  Provide its own fire protection, police and crash and rescue service.

       14.  Contract with carriers with regard to landings and the accommodations of the employees and passengers of those carriers.

       15.  Contract with persons or corporations to provide goods and services for the use of the employees and passengers of the carriers and the employees of the authority, as necessary or incidental to the operation of the airports.

       16.  Hire and retain officers, agents and employees, including a fiscal advisor, engineers, attorneys or other professional or specialized personnel.

       17.  Adopt regulations governing vehicular traffic on the public areas of its airports relating to but not limited to speed restrictions, [stopping, standing and parking, loading zones,] turning movements and [parking meters.] other moving violations. It is unlawful for any person to do any act forbidden or fail to perform any act required in such regulations.


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ê1989 Statutes of Nevada, Page 1726 (Chapter 737, AB 661)ê

 

       18.  Adopt regulations governing parking, loading zones and ground transportation operations on its airports and governing traffic on restricted areas of its airports. The authority may establish a system of:

       (a) Administrative procedures for review of alleged violations of such regulations; and

       (b) Remedies for violations of such regulations, including the imposition of administrative fines to be imposed upon and collected from persons violating such regulations.

      Sec. 6.  Chapter 474, Statutes of Nevada 1977, at page 971, is hereby amended by adding thereto a new section to be designated as section 10.2, immediately following section 10, to read as follows:

       Sec. 10.2.  1.  Except as otherwise provided in subsection 2, the authority may enter into any concession agreement if the board reviews the agreement and determines it is in the best interest of the authority. In making the determination, the board shall consider whether the proposed fees to be paid to the authority for the privileges granted are conducive to revenue generation and providing high quality service to the traveling public.

       2.  Before entering into any concession agreement pursuant to subsection 1, the authority must publish notice of its intention to enter the agreement in a newspaper of general circulation in the county at least once a week for 30 days. The notice must specify the date, time and place of a regular meeting of the authority to be held after completion of the publication at which any interested person may appear. No concession agreement may be entered into by the authority unless the publication and the meeting takes place as provided in this subsection.

      Sec. 7.  Section 29 of chapter 474, Statutes of Nevada 1977, as amended by chapter 494, Statutes of Nevada 1985, at page 1512, is hereby amended to read as follows:

       Sec. 29.  The authority, by action of the board, may adopt its own plan of civil service to be administered by the board. The plan must include, but need not be limited to, the following provisions:

       1.  Entry into the service on the basis of open competition.

       2.  Service, promotions and remuneration on the basis of merit, efficiency and fitness.

       3.  Classifications of the positions in the service.

       4.  The rating of candidates on the basis of publicly announced competitive examinations and the maintenance of lists of eligible candidates.

       5.  Employment of candidates from the eligible lists in the highest qualified rating.

       6.  Probationary periods not to exceed 6 months.

       7.  Disciplinary action, suspension or discharge of employees for cause only with the right of notice and review.

       8.  Schedules of compensation and increases in pay prepared by the board.

       9.  Promotion on the basis of ascertained merit, seniority in service and competitive examinations.

       10.  Provision for keeping service records on all employees.


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

ê1989 Statutes of Nevada, Page 1727 (Chapter 737, AB 661)ê

 

       11.  Regulations for hours of work, attendance, holidays, leaves of absence and transfers.

       12.  Procedures for layoffs, discharge, suspension, discipline and reinstatement.

       13.  The exemption from civil service of persons employed to render professional, scientific, technical or expert service, persons providing services of a temporary or exceptional character, persons employed on projects paid from the proceeds of bonds issued by the authority and persons employed for a period of less than 3 months in any 12-month period.

       14.  Review by [the board,] an arbitrator, at the request of the employee in question and after notice and [public] hearing, of any disciplinary action, suspension or discharge of any employee, which action, suspension or discharge may be affirmed, modified or reversed by the [board.] arbitrator. If the parties are unable to agree on an arbitrator, the labor commissioner must submit to the parties a list of seven potential arbitrators. The parties shall select their arbitrator by alternatively striking one name until the name of only one arbitrator remains, who will be the arbitrator to hear the dispute. The authority shall strike the first name. Findings of [fact by the board] the arbitrator are [not] subject to review [by any court except for illegality or want of jurisdiction.] only in accordance with the provisions of chapter 38 of the Nevada Revised Statutes.

 

________

 

 

CHAPTER 738, AB 501

Assembly Bill No. 501–Committee on Elections

CHAPTER 738

AN ACT relating to elections; revising certain dates for the filing of a declaration or certificate of candidacy; revising the provisions governing absent ballots requested by persons residing outside of the United States; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 293.128 is hereby amended to read as follows:

      293.128  1.  To qualify as a major political party any organization must, under a common name:

      (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 this state; or

      (b) File a petition with the secretary of state not later than the last Friday in [June] April before any primary election signed by a number of registered voters equal to or more than 10 percent of the total number of votes cast at the last preceding general election for Representative in Congress.


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

ê1989 Statutes of Nevada, Page 1728 (Chapter 738, AB 501)ê

 

      2.  If a petition is filed pursuant to paragraph (b) of subsection 1, the names of the voters need not all be on one 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, not later than 65 days before the last Friday in [June] April preceding a primary election.

      Sec. 2.  NRS 293.177 is hereby amended to read as follows:

      293.177  1.  Except as otherwise provided in NRS 293.165, no name may be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not earlier than January 1 of the year in which the election is to be held nor later than 5 p.m. of the [first Wednesday in July.] second Tuesday in May.

      2.  A declaration of candidacy or an acceptance of a candidacy required to be filed by this section must be in substantially the following form:

 

Declaration of Candidacy of ........... for the

Office of .......................

 

State of Nevada                                          }

                                                                                }ss.

County of ....................................................... }

 

For the purpose of having my name placed on the official primary ballot as a candidate for the .......................... Party nomination for the office of ............................., I, the undersigned ......................, do swear (or affirm) that I reside at No. ..........., ............. Street, in the City (or Town) of ........................, County of ....................., State of Nevada; that I am a registered voter of the election precinct in which I reside; that my actual, as distinguished from constructive, residence therein began on a date 30 days or more before the date of close of filing of declarations of candidacy for this office; that I am registered as a member of the ........................... Party; that I have not changed the designation of my political party affiliation on an official affidavit of registration in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a nonpartisan candidate or as a candidate of the ............................ Party at the ensuing election I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state, that I will qualify for the office if elected thereto; and that I understand that my name will appear on all ballots as here designated.


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

ê1989 Statutes of Nevada, Page 1729 (Chapter 738, AB 501)ê

 

state, that I will qualify for the office if elected thereto; and that I understand that my name will appear on all ballots as here designated.

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

                                                                                                                                                    (Designation of name)

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

                                                                                                                                          (Signature of candidate for office)

 

Subscribed and sworn to before

me this ...... day of ............, 19.....

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

      Notary Public (or other person

authorized to administer an oath)

 

      3.  A person may be a candidate under the name by which he is a voter, or under any other name which he has borne and by which he is known in the community where he resides.

      4.  The party designation in nonpartisan elections must not be shown on the declaration of candidacy.

      5.  The address of a candidate which must be included in the declaration of candidacy or acceptance of a candidacy pursuant to subsection 2 must be the street address of the residence where he actually resides, if one has been assigned. The declaration or acceptance must not be accepted for filing if the candidate’s address is described as a box in a post office unless a street address has not been assigned to his residence.

      Sec. 3.  NRS 293.180 is hereby amended to read as follows:

      293.180  1.  Ten or more registered voters may, not earlier than the [last] first Monday in [May] April nor later than 5 p.m. on the [last] first Friday in [June,] May, file a certificate of candidacy designating any registered voter as a candidate for his major 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 candidacy and pays the required fee, as provided by law, he is a candidate in the primary election in like manner as if he had filed a declaration of candidacy.

      2.  If a certificate of candidacy relates to a partisan office, all of the signers must be of the same major political party as the candidate designated.

      Sec. 4.  NRS 293.187 is hereby amended to read as follows:

      293.187  1.  On or before the [2nd] third Monday in [July,] May, the secretary of state shall transmit to each county clerk a certified list containing the name and mailing address of each person for whom candidacy papers have been filed in the office of the secretary of state, and who is entitled to be voted for in [such] the county at the next succeeding primary election, together with the title of the office for which [such] the person is a candidate and the party or principles he represents.

      2.  There must be a party designation only for candidates for partisan offices.

      Sec. 5.  NRS 293.3155 is hereby amended to read as follows:

      293.3155  Notwithstanding any other provisions of this Title:


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

ê1989 Statutes of Nevada, Page 1730 (Chapter 738, AB 501)ê

 

      1.  Any registered voter of this state who resides outside the United States, its territories or possessions may use the form provided by the Federal Government as a special absent ballot for a primary or general election if the voter:

      (a) Requests an absent ballot and the request is received by the county clerk not later than 30 days before the primary or general election; and

      (b) Does not receive the absent ballot.

      2.  The special absent ballot must be used only for the offices of President and Vice President of the United States, United States Senator and Representative in Congress. The ballot must allow the registered voter to vote by writing in his choice of a political party for each office, the name of a candidate for each office, or the name of the person whom the voter prefers for each office.

      3.  The special absent ballot must not be counted if:

      (a) It is submitted from any location within the United States, its territories or possessions;

      (b) The county clerk receives the request for an absent ballot less than 30 days before the primary or general election; or

      (c) The county clerk receives the absent ballot on or before the date of the primary or general election.

      4.  A county clerk who receives a request from a voter for an absent ballot for a primary election pursuant to this section shall also consider such a request as a request for an absent ballot for the general election unless otherwise specified in the request.

      5.  A voter who requests an absent ballot for a primary election pursuant to this section must be allowed to vote in person in the general election if he signs a statement, under penalty of perjury, that he did not:

      (a) Intend that his request for an absent ballot for the primary election be considered a request for an absent ballot for the general election; and

      (b) Receive an absent ballot for the general election.

      Sec. 6.  NRS 293.345 is hereby amended to read as follows:

      293.345  1.  The county clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct, before 5 p.m. on the [3rd Thursday in August] last Friday in June and before 5 p.m. on the [4th Tuesday in October] last Friday in September of any year in which a general election is to be held, an official mailing ballot to be voted by him at the election.

      2.  The city clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct, before 5 p.m. on the [3rd] third Thursday in April and before 5 p.m. on the [4th] fourth Tuesday in May of any year in which a general city election is to be held, an official mailing ballot to be voted by him at the election.

      Sec. 7.  NRS 293.481 is hereby amended to read as follows:

      293.481  1.  Except as provided in subsection 2, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when the governing body decides to submit a question:


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

ê1989 Statutes of Nevada, Page 1731 (Chapter 738, AB 501)ê

 

      (a) At a general election, shall provide a copy of the question to each county clerk within the designated territory on or before the [3rd] third Monday in July preceding the election.

      (b) At a primary election, shall provide a copy of the question to each county clerk within the designated territory on or before the [1st Monday in July] first Friday in May preceding the election.

      (c) At any election other than a primary or general election at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide a copy of the question to each county clerk at least 60 days before the election.

      (d) At any city election at which the city clerk gives notice of the election or otherwise performs duties in connection therewith, shall provide a copy of the question to the city clerk at least 35 days before the election.

      2.  The requirements of subsection 1 do not apply to any question expressly privileged or required under article 19 of the constitution of the State of Nevada or under chapter 295 of NRS or any other statute to be submitted if proposed after the dates specified.

      Sec. 8.  Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1989.

 

________

 

 

CHAPTER 739, AB 468

Assembly Bill No. 468–Assemblymen Thompson, Fay, Nevin, Garner and Bogaert

CHAPTER 739

AN ACT relating to motor vehicles; authorizing the department of motor vehicles and public safety to issue special license plates and registration certificates for “street rods” and “classic rods”; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

      (a) Having a manufacturer’s rated carrying capacity of 1 ton or less; and

      (b) Manufactured not later than 1948.

      2.  License plates issued pursuant to this section must be inscribed with the words STREET ROD and three or four consecutive numbers.

      3.  If during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:


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

ê1989 Statutes of Nevada, Page 1732 (Chapter 739, AB 468)ê

 

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the department.

      4.  The fee for the special license plates is $25, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. If the special plates are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of $2.

      Sec. 3.  1.  The department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

      (a) Having a manufacturer’s rated carrying capacity of 1 ton or less; and

      (b) Manufactured not earlier than 1949, but at least 20 years before the application is submitted to the department.

      2.  License plates issued pursuant to this section must be inscribed with the words CLASSIC ROD and three or four consecutive numbers.

      3.  If during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the department.

      4.  The fee for the special license plates is $25, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. If the special plates are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of $2.

 

________

 

 

CHAPTER 740, AB 411

Assembly Bill No. 411–Committee on Judiciary

CHAPTER 740

AN ACT relating to victims of crime; clarifying the state’s right of subrogation under the program for compensation of victims of crime; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 217.240 is hereby amended to read as follows:

      217.240  [When a claimant accepts an award, the State of Nevada is subrogated in the amount of the award to any right of action had by the claimant for damages caused by the crime.] A claimant who accepts an award does so under the following conditions:


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

ê1989 Statutes of Nevada, Page 1733 (Chapter 740, AB 411)ê

 

      1.  The State of Nevada is immediately subrogated in the amount of the award to any right of action or recovery the claimant may have against any party, and that right of subrogation may be diminished for attorney’s fees and other costs of litigation in obtaining a recovery from another source; and

      2.  If recovery from any source is obtained for damages caused by the crime, the claimant shall promptly notify the department of administration of the source and amount of that recovery, and shall promptly pay to the board the lesser of the amount of the award made under this chapter or the amount recovered less attorney’s fees and costs. The duty of notice and payment under this subsection continues until the amount of the award has been repaid to the State of Nevada.

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

 

________

 

 

CHAPTER 741, AB 332

Assembly Bill No. 332–Committee on Natural Resources, Agriculture and Mining

CHAPTER 741

AN ACT relating to water; revising the fees collected by the state engineer; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:

      As used in this chapter, “wildlife purposes” includes the watering of wildlife and the establishment and maintenance of wetlands, fisheries and other wildlife habitats.

      Sec. 2.  NRS 533.135 is hereby amended to read as follows:

      533.135  1.  At the time of submission of proofs of appropriation, where the necessary maps are prepared by the state engineer, the fee collected from any claimants must be the actual cost of the survey and the preparation of maps.

      2.  The state engineer shall collect a fee of $50 for a proof of water used for [domestic purposes or] watering livestock or wildlife purposes. He shall collect a fee of $100 for any other character of claim to water.

      3.  All fees collected as provided in this section must be accounted for in detail and deposited with the state treasurer.

      Sec. 3.  NRS 533.435 is hereby amended to read as follows:

      533.435  1.  The state engineer shall collect the following fees:

For examining and filing an application for a permit to appropriate water...................................................................................... [$100.00]...................................................................................... $200.00

This fee includes the cost of publication, which is [$25.] $50.


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

ê1989 Statutes of Nevada, Page 1734 (Chapter 741, AB 332)ê

 

For examining and acting upon plans and specifications for construction of a dam [, in addition to the actual cost of inspection         $100.00]...................................................................................... $500.00

For examining and filing an application for each permit to change the point of diversion, manner of use, or place of use of an existing right............................................................................. [40.00]      100.00

This fee includes the cost of [the permit and] the publication of such an application, which is [$25.] $50.

For issuing and recording each permit to appropriate water for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water or watering livestock [, for each second-foot of water applied for or fraction thereof      100.00]

or wildlife purposes..................................................          150.00

plus $1 per acre-foot approved or fraction thereof.

For issuing and recording each permit to change an existing right whether temporary or permanent for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water, for watering livestock or wildlife purposes which change the point of diversion or place of use only, or for irrigational purposes which change the point of diversion or place of use only.................................                  100.00

plus $1 per acre-foot approved or fraction thereof.

For issuing and recording each permit to change the point of diversion or place of use only of an existing right whether temporary or permanent for irrigational purposes.....................                  200.00

For issuing and recording each permit to appropriate [water] or change the point of diversion or place of use of an existing right only whether temporary or permanent for watering livestock [,] or wildlife purposes for each second-foot of water [applied for] approved or fraction thereof.................................... 50.00 For issuing and recording each permit to appropriate or change an existing right whether temporary or permanent for water for generating hydroelectric power which results in nonconsumptive use of the water for each second-foot of water [applied for] approved or fraction thereof..................           $100.00

 


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

ê1989 Statutes of Nevada, Page 1735 (Chapter 741, AB 332)ê

 

For issuing and recording each permit to appropriate or change an existing right whether temporary or permanent for water for generating hydroelectric power which results in nonconsumptive use of the water for each second-foot of water [applied for] approved or fraction thereof....................................                  $100.00

This fee must not exceed $1,000.

For filing a secondary [permit] application under a reservoir permit  [5.00]...................................................................................... 200.00

For approving and recording a secondary permit under a reservoir permit...................................................................................... [5.00]        200.00

For reviewing each tentative subdivision map................                  150.00

plus $1 per lot.

For storage approved under a dam permit for privately owned nonagricultural dams which store more than 50 acre-feet              ...................................................................................... 100.00

plus $1 per acre-foot storage capacity.

This fee includes the cost of inspection and must be paid annually.

For filing proof of completion of work.................................                      10.00

For filing proof of beneficial use.......................................... [10.00]        50.00

For filing any protest..............................................................                      10.00

For filing any application for extension of time within which to file proofs...................................................................................... [25.00]      100.00

For filing any assignment or water right deed, for each water right assigned, actual cost of the work up to..................                      10.00

For filing any other instrument.............................................                        1.00

For making a copy of any document recorded or filed in his office, for the first 100 words............................................................                        1.00

For each additional 100 words or fraction thereof                      ................................................................ .20

[Where the amount exceeds $5, then only the actual cost in excess of that amount may be charged.]

For certifying to copies of documents, records or maps, for each certificate.....................................................................                        1.00

For each blueprint copy of any drawing or map, per square foot          [.15]...................................................................................... .50

The minimum charge for a blueprint copy, per print......... [1.00]            3.00

      2.  When fees are not specified in subsection 1 for work required of his office, the state engineer shall collect the actual cost of the work.

      3.  Except as otherwise provided in this subsection, all fees collected by the state engineer under the provisions of this section must be deposited in the state treasury for credit to the general fund. All fees received for blueprint copies of any drawing or map must be kept by him and used only to pay the costs of printing , replacement and maintenance of printing, equipment.


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

ê1989 Statutes of Nevada, Page 1736 (Chapter 741, AB 332)ê

 

costs of printing , replacement and maintenance of printing, equipment. Any publication fees received which are not used by him for publication expenses must be returned to the persons who paid the fees. If, after exercising due diligence, the state engineer is unable to make the refunds, he shall deposit the fees in the state treasury for credit to the general fund. The state engineer may maintain, with the approval of the state board of examiners, a checking account in any bank qualified to handle state money to carry out the provisions of this subsection. The bank account must be secured by a depository bond satisfactory to the state board of examiners to the extent the account is not insured by the Federal Deposit Insurance Corporation.

      Sec. 4.  This act becomes effective on July 1, 1989.

      Sec. 5.  The amendatory provisions of sections 2 and 3 of this act apply to any fee paid for an action which is taken by the state engineer on or after July 1, 1989. Prepayment of a particular fee does not preserve the right to pay the amount in effect before July 1, 1989.

 

________

 

 

CHAPTER 742, AB 56

Assembly Bill No. 56–Assemblymen Gaston, Sader, Chowning, Diamond, Wendell Williams, Porter, Kissam, Regan, Wisdom, Swain, Garner and Myrna Williams

CHAPTER 742

AN ACT relating to motor vehicles; authorizing a court to require certain persons to install a device in their motor vehicles which prevents the vehicles from starting if the driver is under the influence of intoxicating liquor; providing a penalty; requiring the committee on testing for intoxication to provide for certification of each model of the devices; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.460 is hereby amended to read as follows:

      483.460  1.  Unless otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

      (a) For a period of 3 years if the offense is:

             (1) Violation of NRS 484.3795 or subsection 2 of NRS 484.377 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.

             (2) A third or subsequent violation within 7 years of NRS 484.379.

      (b) For a period of 1 year if the offense is:

             (1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.


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

ê1989 Statutes of Nevada, Page 1737 (Chapter 742, AB 56)ê

 

             (2) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.

             (3) Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or driving of motor vehicles.

             (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

             (5) A second violation within 7 years of NRS 484.379 and the driver is not eligible for a restricted license during any of that period.

      (c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.

      2.  The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege.

      3.  When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794 the department shall reduce by half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

      4.  The department shall revoke the license, permit or privilege of a driver who is required to install a device pursuant to section 4 of this act but operates a motor vehicle without such a device:

      (a) For 1 year if it is his first such offense during the period of required use of the device.

      (b) For 5 years if it is his second such offense during the period of required use of the device.

      Sec. 2.  Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.

      Sec. 3.  As used in sections 3 to 6, inclusive, of this act, unless the context otherwise requires:

      1.  “Device” means a mechanism which:

      (a) Tests a person’s breath to determine the percent by weight of alcohol in his blood; and

      (b) If the results of the test indicate that the person has 0.05 percent or more by weight of alcohol in his blood, prevents the motor vehicle in which it is installed from starting.

      2.  The phrase “0.05 percent or more by weight of alcohol in his blood” includes a concentration of alcohol in the blood or breath of a person of 0.05 gram or more by weight of alcohol:

      (a) Per 100 milliliters of his blood; or

      (b) Per 210 liters of his breath.

      Sec. 4.  1.  Except as otherwise provided in subsection 5, a court may require any person convicted of driving under the influence of intoxicating liquor in violation of NRS 484.379 or 484.3795, who has served the term of imprisonment imposed upon him or has had his sentence suspended pursuant to NRS 4.373 and 5.055 after serving the mandatory minimum sentence, to install at his own expense a device in any motor vehicle which he owns or operates:

 


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

ê1989 Statutes of Nevada, Page 1738 (Chapter 742, AB 56)ê

 

to NRS 4.373 and 5.055 after serving the mandatory minimum sentence, to install at his own expense a device in any motor vehicle which he owns or operates:

      (a) As a condition of reinstatement of his driving privilege;

      (b) As a condition of the suspension of his sentence; or

      (c) As a condition of the suspension of his sentence and reinstatement of his driving privilege.

      2.  Upon imposing such a requirement, the court shall immediately prepare and transmit a copy of its order to the director. The order must include a statement that a device is required and the specific period for which it is required. The director shall cause this information to be incorporated into the records of the department and noted as a restriction on the person’s driver’s license.

      3.  If the court requires the use of a device, the person who is required to install the device shall provide proof of compliance to the department before the reinstatement of his driving privilege. Each model of a device installed pursuant to this section must have been certified by the committee on testing for intoxication.

      4.  The person whose driving privilege is restricted pursuant to this section shall have the device inspected by the manufacturer of the device or his agent every 90 days to determine whether the device is operating properly. The manufacturer or its agent shall submit a report to the director indicating whether the device is operating properly and whether it has been tampered with. If the device has been tampered with, the director shall notify the court that ordered the installation of the device.

      5.  If a person is required to operate a motor vehicle in the course and scope of his employment and the motor vehicle is owned by his employer, the person may operate that vehicle without the installation of a device, if:

      (a) The employee notifies his employer that the employee’s driving privilege has been so restricted; and

      (b) The employee has proof of that notification in his possession or the notice, or a facsimile copy thereof, is with the motor vehicle.

This exemption does not apply to a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.

      Sec. 5.  A person required to install a device pursuant to section 4 of this act, who operates a motor vehicle without a device or tampers with the device must have his driving privilege revoked in the manner set forth in subsection 4 of NRS 483.460 and, if the installation of a device is a condition of the suspension of his sentence, the court upon notification shall order him to begin serving that portion of his original sentence which the court determines is appropriate under the circumstances.

      Sec. 6.  1.  The committee on testing for intoxication shall on or before January 1, 1990, adopt regulations which:

      (a) Provide for the certification of each model of those devices, described by manufacturer and model, which it approves as designed and manufactured to be accurate and reliable to test a person’s breath to determine the percent by weight of alcohol in the person’s blood and, if the results of the test indicate that the person has 0.05 percent or more by weight of alcohol in his blood, prevent the motor vehicle in which it is installed from starting.


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

ê1989 Statutes of Nevada, Page 1739 (Chapter 742, AB 56)ê

 

indicate that the person has 0.05 percent or more by weight of alcohol in his blood, prevent the motor vehicle in which it is installed from starting.

      (b) Prescribe the form and content of records respecting the calibration of devices, which must be kept by the director or his agent, and any other records respecting the maintenance and operation of the devices which it finds should be kept by the director or his agent.

      2.  The committee shall establish its own standards and procedures for evaluating the models of the devices and obtain evaluations of those models from the director or his agent.

      3.  If a model of a device has been certified by the committee to be accurate and reliable pursuant to subsection 1, it is presumed that, as designed and manufactured, any device of that model is accurate and reliable to test a person’s breath to determine the percent by weight of alcohol and in the person’s blood and, if the results of the test indicate that the person has 0.05 percent or more by weight of alcohol in his blood, will prevent the motor vehicle in which it is installed from starting.

 

________

 

 

CHAPTER 743, SB 545

Senate Bill No. 545–Committee on Commerce and Labor

CHAPTER 743

AN ACT relating to dentistry; requiring an applicant for a license to practice dentistry or dental hygiene to submit his fingerprints with his application; requiring an applicant requesting reinstatement of a license to comply with certain regulations; revising the fee for the reinstatement of a license; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:

      Sec. 2.  “General anesthesia” means a controlled state of unconsciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, and accompanied by partial or complete loss of protective reflexes and the inability independently to maintain an airway and respond purposefully to physical stimulation or verbal commands.

      Sec. 3.  NRS 631.005 is hereby amended to read as follows:

      631.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 631.015 to 631.105, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 4.  NRS 631.220 is hereby amended to read as follows:

      631.220  Every applicant for a license to practice dental hygiene or dentistry, or any of its special branches, shall:

      1.  File an application with the board 45 days before the date on which the examination is to be given.

      2.  Accompany the application with a recent photograph of himself together with the required examination fee.


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

ê1989 Statutes of Nevada, Page 1740 (Chapter 743, SB 545)ê

 

      3.  Submit with the application a complete set of fingerprints and written permission authorizing the board to forward the fingerprints to the Federal Bureau of Investigation for its report.

      Sec. 5.  NRS 631.265 is hereby amended to read as follows:

      631.265  1.  No licensed dentist may administer or supervise directly the administration of general anesthesia , conscious sedation or deep sedation to dental patients unless he has been issued a permit authorizing him to do so by the board.

      2.  The board may issue a permit authorizing a licensed dentist to administer or supervise directly the administration of general anesthesia , conscious sedation or deep sedation to dental patients under such standards, conditions and other requirements as the board shall by regulation prescribe.

      3.  As used in this section:

      (a) “Conscious sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.

      (b) “Deep sedation” means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.

      Sec. 6.  NRS 631.335 is hereby amended to read as follows:

      631.335  1.  The license of a person who does not actively practice in this state for 1 year automatically reverts to inactive status at the time the license renewal fee is next payable. If a person whose license has reverted to inactive status:

      (a) Continues to [actively] practice actively outside this state, his license [must] may be reinstated to active status if he pays the license fee for active licensees [.] and complies with the conditions prescribed by the regulations of the board.

      (b) Does not continue to practice, his license may be reinstated to active status only upon the motion of the board, [and] submission of the required fee for active licenses and proof of continuing education [.] , and compliance with the conditions prescribed by the regulations of the board.

      2.  A licensee who is disabled and cannot practice, or who is retired must be issued a license which reflects that status when the fee to renew his license is next payable. His license may be reinstated to active status only upon the motion of the board, submission of the required fee for an active license and proof on continuing education [.] , and compliance with the conditions prescribed by the regulations of the board.

      Sec. 7.  NRS 631.345 is hereby amended to read as follows:

      631.345  1.  The fees which must be charged by the board for the performance of the duties imposed upon it by this chapter are as follows:

 

Examination fee for license to practice dentistry............................................... $300

Examination fee for license to practice dental hygiene...................................... 150

Application fee for a specialist license..................................................... 125 Application and examination fee for permit to administer general anesthesia or sedation .......................... $200

 


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

ê1989 Statutes of Nevada, Page 1741 (Chapter 743, SB 545)ê

 

Application and examination fee for permit to administer general anesthesia or sedation ............................................................................................             $200

Annual renewal fee for permit to administer general anesthesia or sedation       ............................................................................................................. 50

Annual license renewal fee for a general dentist or specialist, not to exceed       ............................................................................................................. 300

Annual license renewal fee for a dental hygienist, not to exceed......               150

Annual license renewal fee for an inactive dentist...............................               100

Annual license renewal fee for a retired or disabled dentist...............                 25

Annual license renewal fee for an inactive dental hygienist...............                 25

Annual license renewal fee for a retired or disabled dental hygienist                    ............................................................................................................. 25

Reinstatement fee for a suspended license to practice dentistry or dental hygiene , not to exceed.....................................................................................               200

Reinstatement fee for a revoked license to practice dentistry or dental hygiene ............................................................................................................. 500

 

      2.  All fees are payable in advance and must not be refunded.

 

________

 

 

CHAPTER 744, SB 542

Senate Bill No. 542–Committee on Finance

CHAPTER 744

AN ACT relating to the registration of motor vehicles; increasing the additional fee for registration accounted for in the highway patrol special fund; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.480 is hereby amended to read as follows:

      482.480  There must be paid to the department for the registration, transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      1.  For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a fee for registration of $17.

      2.  For every motorcycle, a fee for registration of $17.

      3.  For each transfer of registration a fee of $6 in addition to any other fees.

      4.  For every motor vehicle there is an additional fee of [$5] $6 for each registration, which must be accounted for in the highway patrol special fund which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 481.145.


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

ê1989 Statutes of Nevada, Page 1742 (Chapter 744, SB 542)ê

 

      5.  To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.383 a fee of $100, which must be accounted for in the fund for verification of insurance which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 485.383.

      6.  For every travel trailer, a fee for registration of $17.

      Sec. 2.  Section 8 of Assembly Bill No. 418 of this session is hereby amended to read as follows:

       Sec. 8.  NRS 482.480 is hereby amended to read as follows:

       482.480  There must be paid to the department for the registration, transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

       1.  For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a fee for registration of $17.

       2.  For every motorcycle, a fee for registration of $17.

       3.  For each transfer of registration a fee of $6 in addition to any other fees.

       4.  For every motor vehicle there is an additional fee of $6 for each registration, which must be accounted for in the highway patrol special fund which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 481.145.

       5.  To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.383 a fee of $100, which must be accounted for in the fund for verification of insurance which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 485.383.

       6.  For every travel trailer, a fee for registration of $17.

       7.  For each vehicle registered by a border state employee pursuant to section 3 of this act, a fee for registration of $10, which may not be prorated.

      Sec. 3.  This act becomes effective on September 1, 1989.

 

________

 

 

CHAPTER 745, SB 536

Senate Bill No. 536–Committee on Judiciary

CHAPTER 745

AN ACT relating to cities; authorizing the creation of a taxing district in certain cities to defray the cost of additional police protection within the district; authorizing the creation of such a district to provide maintenance for improvements made within the district; excluding the taxes imposed for the districts from provisions governing the allocation of revenue within a redevelopment area or tax increment area; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.


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

ê1989 Statutes of Nevada, Page 1743 (Chapter 745, SB 536)ê

 

      Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires:

      1.  “Area” means a redevelopment area or an urban renewal area, as the case may be, within which the creation of a district is proposed.

      2.  “Council” means the city council.

      3.  “District” means a taxing district created to defray the cost of additional police protection within the district.

      Sec. 3.  1.  If an incorporated city in a county whose population is 100,000 or more but less than 400,000 has exercised the power of redevelopment or urban renewal pursuant to chapter 279 of NRS, it may also create a district within the redevelopment area or the urban renewal area. The district need not include the entire redevelopment area or urban renewal area.

      2.  Creation of the district may be initiated by the filing of a petition signed by at least 10 percent of the owners of taxable property within the proposed district whose combined assessed value amounts to at least 25 percent of the total assessed value of taxable property within the proposed district. A signer need not be a resident of the State of Nevada and the signature of a corporation may be affixed by an authorized officer.

      3.  The petition must define the territory to be included in the proposed district by naming the streets which constitute its boundaries or stating that it is bounded by the rear lines of the parcels fronting on a specified side of certain named streets, or by a combination of these methods.

      Sec. 4.  1.  The city attorney shall examine any petition filed pursuant to section 3 of this act. If it appears that the petition is sufficient in form and number of signatures, creation of the district may be consummated, but only if the conditions required by this section and sections 5 and 6 of this act are satisfied.

      2.  The city council must hold a public hearing on the petition. At least 20 days before the public hearing, the city council shall:

      (a) Mail notice of the hearing to each owner of real property within the area; and

      (b) Publish notice of the hearing in a newspaper of general circulation in the city,

describing the purpose and general location of the proposed district and the date, time and place of the public hearing.

      3.  At the public hearing any resident or owner of property within the area may present, orally or in writing, the reasons why he believes that:

      (a) The petition does not contain a sufficient number of qualified signatures; or

      (b) The finding required by subsection 4 cannot reasonably be made with respect to any part of the area.

      4.  After consideration of any objections made at the hearing and of any other information reasonably known to it, the council must find, as a condition precedent to the creation of the proposed district, that the public interest will benefit by the provision of a higher level of police protection within that part of the area. In making this determination, the council shall consider the differences it finds between the area as a whole and the territory within and adjacent to the proposed district.


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

ê1989 Statutes of Nevada, Page 1744 (Chapter 745, SB 536)ê

 

      Sec. 5.  If the council finds that the public interest will benefit by the provision of a higher level of police protection in a definable district within the area, it shall cause an ordinance to be drafted that:

      1.  Sets general standards for the level of police protection to be provided within the district; and

      2.  Defines the district by the boundaries proposed or enlarges or reduces its proposed territory. If the district is enlarged or reduced, the new boundaries must be defined in the same manner as is required for the petition.

      Sec. 6.  1.  The city council shall hold a second public hearing before the first reading of the ordinance drafted pursuant to section 5 of this act. At least 20 days before the public hearing, the council shall:

      (a) Mail notice of the hearing to each owner of real property within the area; and

      (b) Publish notice of the hearing in a newspaper of general circulation in the city,

describing the purpose of the proposed district, the boundaries as provided in the ordinance and the date, time and place of the public hearing.

      2.  At the public hearing, any resident or owner of property within the area may present, orally or in writing, the reasons why he believes that:

      (a) Any specified territory should be excluded from the district or, if the proposed district does not include the entire area, any specified territory within the area should be included within the district; or

      (b) The proposed level of service should be changed in any specified respect.

      3.  After consideration of any objections made at the public hearing and of any other information reasonably known to it, the council shall make any appropriate changes in the proposed ordinance and may adopt it.

      Sec. 7.  1.  After creation of the district, the council shall annually ascertain and include in its budget the rate of special tax upon all taxable property in the district sufficient to yield the additional revenue required to provide the higher level of police protection found beneficial to the public interest. The limitations in chapter 354 of NRS upon revenue from taxes ad valorem do not apply to revenue received from a tax levied pursuant to this subsection.

      2.  The city council shall designate an existing citizens’ group within the area or create an advisory committee, to recommend to the council any appropriate changes in the level or kind of additional police protection to be provided in the district. The council shall consider these recommendations, and any others that may be offered by interested persons, at a public hearing before adopting its annual budget for the district.

      3.  The rate ascertained pursuant to subsection 1 must be included in the annual levy of taxes upon all taxable property within the district. The county treasurer shall credit the revenue received from the levy to the city for the purposes of the district. The tax so levied, together with any interest or penalty and the cost of collecting any such amounts, is a lien upon the property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.

      4.  A district is not entitled to receive any distribution of supplemental city-county relief tax.


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

ê1989 Statutes of Nevada, Page 1745 (Chapter 745, SB 536)ê

 

      Sec. 8.  As used in sections 8 to 13, inclusive, of this act, unless the context otherwise requires:

      1.  “Area” means a redevelopment area or an urban renewal area, as the case may be, within which the creation of a district is proposed.

      2.  “Council” means the city council.

      3.  “District” means a taxing district created to defray the cost of providing maintenance within the district.

      4.  “Maintenance” means the provisions of those services required to clean, incidentally repair and keep in good condition, improvements made in the district pursuant to a redevelopment plan. The term does not include the replacement of capital improvements or major repairs made to those improvements.

      Sec. 9.  1.  If an incorporated city in a county whose population is 100,000 or more but less than 400,000 has exercised the power of redevelopment or urban renewal pursuant to chapter 279 of NRS, it may also create a district within the redevelopment area or the urban renewal area. The district need not include the entire redevelopment area or urban renewal area.

      2.  Creation of the district may be initiated by the filing of a petition signed by at least 10 percent of the owners of taxable property within the proposed district whose combined assessed value amounts to at least 25 percent of the total assessed value of taxable property within the proposed district. A signer need not be a resident of the State of Nevada and the signature of a corporation may be affixed by an authorized officer.

      3.  The petition must define the territory to be included in the proposed district by naming the streets which constitute its boundaries or stating that it is bounded by the rear lines of the parcels fronting on a specified side of certain named streets, or by a combination of these methods.

      Sec. 10.  1.  The city attorney shall examine any petition filed pursuant to section 9 of this act. If it appears that the petition is sufficient in form and number of signatures, creation of the district may be consummated, but only if the conditions required by this section and sections 11 and 12 of this act are satisfied.

      2.  The city council must hold a public hearing on the petition. At least 20 days before the public hearing, the city council shall:

      (a) Mail notice of the hearing to each owner of real property within the area; and

      (b) Publish notice of the hearing in a newspaper of general circulation in the city,

describing the purpose and general location of the proposed district and the date, time and place of the public hearing.

      3.  At the public hearing any resident or owner of property within the area may present, orally or in writing, the reasons why he believes that:

      (a) The petition does not contain a sufficient number of qualified signatures; or

      (b) The finding required by subsection 4 cannot reasonably be made with respect to any part of the area.

      4.  After consideration of any objections made at the hearing and of any other information reasonably known to it, the council must find, as a condition precedent to the creation of the proposed district, that the public interest will benefit by providing maintenance within that part of the area.


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

ê1989 Statutes of Nevada, Page 1746 (Chapter 745, SB 536)ê

 

will benefit by providing maintenance within that part of the area. In making this determination, the council shall consider the differences it finds between the area as a whole and the territory within and adjacent to the proposed district.

      Sec. 11.  If the council finds that the public interest will benefit by providing maintenance in a definable district within the area, it shall cause an ordinance to be drafted that:

      1.  Sets general standards for the maintenance to be provided within the district; and

      2.  Defines the district by the boundaries proposed or enlarges or reduces its proposed territory. If the district is enlarged or reduced, the new boundaries must be defined in the same manner as is required for the petition.

      Sec. 12.  1.  The city council shall hold a second public hearing before the first reading of the ordinance drafted pursuant to section 11 of this act. At least 20 days before the public hearing, the council shall:

      (a) Mail notice of the hearing to each owner of real property within the area; and

      (b) Publish notice of the hearing in a newspaper of general circulation in the city,

describing the purpose of the proposed district, the boundaries as provided in the ordinance and the date, time and place of the public hearing.

      2.  At the public hearing, any resident or owner of property within the area may present, orally or in writing, the reasons why he believes that:

      (a) Any specified territory should be excluded from the district or, if the proposed district does not include the entire area, any specified territory within the area should be included within the district; or

      (b) The proposed level of service should be changed in any specified respect.

      3.  After consideration of any objections made at the public hearing and of any other information reasonably known to it, the council shall make any appropriate changes in the proposed ordinance and may adopt it.

      Sec. 13.  1.  After creation of the district, the council shall annually ascertain and include in its budget the rate of special tax upon all taxable property in the district sufficient to yield the additional revenue required to provide the maintenance found beneficial to the public interest. The limitations in chapter 354 of NRS upon revenue from taxes ad valorem do not apply to revenue received from a tax levied pursuant to this subsection.

      2.  The city council shall designate an existing citizens’ group within the area or create an advisory committee, to recommend to the council any appropriate changes in the level or kind of maintenance to be provided in the district. The council shall consider these recommendations, and any others that may be offered by interested persons, at a public hearing before adopting its annual budget for the district.

      3.  The rate ascertained pursuant to subsection 1 must be included in the annual levy of taxes upon all taxable property within the district. The county treasurer shall credit the revenue received from the levy to the city for the purposes of the district. The tax so levied, together with any interest or penalty and the cost of collecting any such amounts, is a lien upon the property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.


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

ê1989 Statutes of Nevada, Page 1747 (Chapter 745, SB 536)ê

 

property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.

      4.  A district is not entitled to receive any distribution of supplemental city-county relief tax.

      Sec. 14.  NRS 279.676 is hereby amended to read as follows:

      279.676  1.  Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment project each year by or for the benefit of the state, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:

      (a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies , except a tax imposed pursuant to sections 2 to 7, inclusive, or 8 to 13, inclusive, of this act, upon the total sum of the assessed value of the taxable property in the redevelopment project as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment project on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the project on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the state and becomes exempt from taxation, the assessed valuation of the exempt property as shown on that assessment roll must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.

      (b) That portion of the levied taxes each year in excess of that amount must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, the redevelopment project. Unless the total assessed valuation of the taxable property in a redevelopment project exceeds the total assessed value of the taxable property in the project as shown by the last equalized assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment project must be paid into the funds of the respective taxing agencies. When such loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment project must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

      2.  Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency in combination with the total revenue paid to any other redevelopment agencies and any tax increment areas of a municipality must not exceed:


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

ê1989 Statutes of Nevada, Page 1748 (Chapter 745, SB 536)ê

 

      (a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.

      (b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality. If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a) or (b) and the municipality has more than one redevelopment agency or tax increment area, or one of each, the municipality shall determine the allocation to each agency and area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.

      3.  The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.

      4.  For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.

      Sec. 15.  NRS 361B.260 is hereby amended to read as follows:

      361B.260  1.  After the effective date of the ordinance, including any supplemental ordinance adopted pursuant to NRS 361B.250, unconditionally ordering the undertaking and providing for financing by tax increment, any taxes levied upon taxable property in the tax increment area each year by or for the benefit of the state, the municipality and any public body must be divided as follows:

      (a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of those taxing agencies , except a tax imposed pursuant to sections 2 to 7, inclusive, or 8 to 13, inclusive, of this act, upon the total sum of the assessed value of the taxable property in the tax increment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for the taxing agencies as taxing on all other property are paid.

      (b) Except as otherwise provided in subsection 2, the portion of the levied taxes each year in excess of that amount must be allocated to and when collected must be paid into the tax increment account pertaining to the undertaking to pay the bond requirements of loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the municipality to finance or refinance, in whole or in part, the undertaking. Unless the total assessed valuation of the taxable property in the tax increment area exceeds the total assessed value of the taxable property in the area as shown by the last equalized assessment roll referred to in subsection 1, all of the taxes levied and collected upon the taxable property in the area must be paid into the funds of the respective taxing agencies. When the loans, advances and indebtedness, if any, and interest thereof, have been paid, all money thereafter received from taxes upon the taxable property in the area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.


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

ê1989 Statutes of Nevada, Page 1749 (Chapter 745, SB 536)ê

 

money thereafter received from taxes upon the taxable property in the area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

      2.  Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a tax increment area in combination with the total revenue paid to any other tax increment areas and any redevelopment agencies of a municipality must not exceed:

      (a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for the fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.

      (b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality. If the revenue paid to a tax increment area must be limited pursuant to paragraph (a) or (b) and the municipality has more than one redevelopment agency or tax increment area, or one of each, the municipality shall determine the allocation to each agency and area. Any revenue which would be allocated to a tax increment area but for the provisions of this section must be paid into the funds of the respective taxing agencies.

      3.  The taxing agencies shall continue to pay to a tax increment area any amount which was being paid before July 1, 1987, and in anticipation of which the area became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.

      4.  For the purposes of this section, the last equalized assessment roll referred to in subsection 1 is the assessment roll in existence on the 15th day of March immediately preceding the effective date of the ordinance.

      Sec. 16.  A redevelopment area or tax increment area in existence on the effective date of this act is subject to the amendatory provisions of sections 14 and 15 of this act, respectively, and upon creation of a district pursuant to sections 2 to 7, inclusive, or 8 to 13, inclusive, of this act, no portion of the revenue from the tax imposed by the district may be paid to the redevelopment agency or the tax increment account.

      Sec. 17.  The provisions of this act expire by limitation on July 1, 1991.

      Sec. 18.  1.  Section 14 of this act becomes effective at 12:01 a.m. on July 1, 1989.

      2.  The remaining sections of this act become effective on July 1, 1989.

 

________


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ê1989 Statutes of Nevada, Page 1750ê

 

CHAPTER 746, SB 508

Senate Bill No. 508–Committee on Human Resources and Facilities

CHAPTER 746

AN ACT relating to nuclear pharmacies; requiring the managing pharmacist of a nuclear pharmacy to be a nuclear pharmacist; requiring each nuclear pharmacy to contain certain publications; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  “Nuclear pharmacist” means a pharmacist who:

      1.  Is licensed to practice in this state; and

      2.  Meets the requirements of training and experience concerning the handling of radioactive materials pursuant to the regulations adopted by the Nuclear Regulatory Commission or the health division of the department of human resources.

      Sec. 3.  “Nuclear pharmacy” means a pharmacy:

      1.  Where radiopharmaceuticals are stored, compounded or dispensed; and

      2.  Which is licensed by the Nuclear Regulatory Commission or the health division of the department of human resources to handle radioactive materials.

      Sec. 4.  “Radiopharmaceutical” means any substance defined as a drug in 21 U.S.C. § 321(g)(1) which:

      1.  Exhibits spontaneous disintegration of unstable nuclei which emit nuclear particles or photons; or

      2.  Is intended to be made radioactive.

The term includes nonradioactive reagent kits and nuclide generators which are used in the preparation of any substance. The term does not include drugs containing compounds of carbon or potassium or salts containing potassium which contain trace quantities of naturally occurring radionuclides.

      Sec. 5.  1.  Any person who prepares or distributes radiopharmaceuticals must be under the direct supervision of a nuclear pharmacist.

      2.  The managing pharmacist of a nuclear pharmacy must be:

      (a) A nuclear pharmacist; and

      (b) On the premises during the hours the pharmacy is open for business.

      Sec. 6.  1.  Except as otherwise provided in subsection 2, a managing pharmacist of a nuclear pharmacy may delegate to any person, under his direct supervision, the authority to accept oral orders from a practitioner or his designated agent.

      2.  An oral order may be used for radiopharmaceutical which is not prescribed for a specific patient. An oral order which is designated for a specific patient must be accepted only by a nuclear pharmacist or registered intern acting under the direct supervision of a nuclear pharmacist.

      3.  A prescription for a radiopharmaceutical must not be refilled.


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

ê1989 Statutes of Nevada, Page 1751 (Chapter 746, SB 508)ê

 

      4.  As used in this section, “designated agent” means a person who is authorized to communicate a practitioner’s instructions to a nuclear pharmacy.

      Sec. 7.  1.  Each nuclear pharmacy must have on the premises the following publications:

      (a) The United States Pharmacopeia;

      (b) The National Formulary;

      (c) Chapter 639 of NRS;

      (d) Chapter 639 of NAC;

      (e) Any federal or state regulations governing the use of applicable radioactive materials; and

      (f) A text relating to the practice of nuclear pharmacy and radiation safety.

      2.  All publications must be current editions or revisions.

      Sec. 8.  NRS 639.001 is hereby amended to read as follows:

      639.001  As used in this chapter, the words and terms defined in NRS 639.002 to 639.016, inclusive, and sections 2, 3 and 4 of this act, have the meanings ascribed to them in those sections unless a different meaning clearly appears in the context.

      Sec. 9.  NRS 639.012 is hereby amended to read as follows:

      639.012  1.  “Pharmacy” means every store or shop licensed by the board where drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed.

      2.  “Pharmacy” includes:

      (a) Pharmacies owned or operated by the State of Nevada and political subdivisions and municipal corporations therein.

      (b) Institutional pharmacies.

      (c) Pharmacies in correctional institutions.

      (d) Nuclear pharmacies.

      Sec. 10.  NRS 639.220 is hereby amended to read as follows:

      639.220  1.  Except as otherwise provided in NRS 639.2324, 639.2326 and 639.2327, each pharmacy must be managed by a registered pharmacist, approved by the board, who is responsible for compliance by the pharmacy and its personnel with all state and federal laws and regulations relating to the operation of the pharmacy and the practice of pharmacy.

      2.  [If] Except as otherwise provided in section 5 of this act, if the managing pharmacist is the only registered pharmacist employed in the pharmacy, the board may authorize his absence each day for a total period of not to exceed 2 hours for the purpose of taking meals if:

      (a) A registered pharmacist is on call during his absence;

      (b) A sign, as prescribed by regulations of the board, is posted for public view in the pharmacy indicating the absence of the pharmacist and the hours of his absence; and

      (c) All drugs, poisons, chemical and restricted devices are kept safe in a manner prescribed by regulations of the board.

The authorization required from the board must be in writing and be retained in the pharmacy [,] and available for inspection.

      3.  A person shall not act as a managing pharmacist for more than one licensed pharmacy. Each managing pharmacist [shall] must be on duty in the pharmacy and active in the management of the pharmacy full time, but he need not be present during the time the pharmacy is open for business if he designates another pharmacist employed in the pharmacy to assume his duties in his absence.


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

ê1989 Statutes of Nevada, Page 1752 (Chapter 746, SB 508)ê

 

pharmacy and active in the management of the pharmacy full time, but he need not be present during the time the pharmacy is open for business if he designates another pharmacist employed in the pharmacy to assume his duties in his absence. The managing pharmacist is responsible for the activities of his designee.

      4.  The board must be notified before there is a change in the managing pharmacist.

 

________

 

 

CHAPTER 747, SB 496

Senate Bill No. 496–Committee on Commerce and Labor

CHAPTER 747

AN ACT relating to the private investigator’s licensing board; establishing a procedure for the issuance of an administrative notice of violation; authorizing the board to establish licensing fees and civil penalties; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 648 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  Each notice of violation must:

      (a) Be in writing and describe with particularity the nature of the violation, including a reference to the section of this chapter or the provision of the standard, rule, regulation or order alleged to have been violated; and

      (b) Inform the violator of his right to appeal the notice of violation.

      2.  The notice of violation may:

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

      (b) Allow a reasonable period for the abatement of the violation; or

      (c) Contain an order for the payment of a reasonable sum to any injured party.

      3.  A notice of violation may, by a notice of appeal given in writing to the board within 30 days after the date of the notice, be appealed as to the:

      (a) Alleged violation;

      (b) Amount of the fine;

      (c) Reasonableness of any period for correction required by the notice of violation; or

      (d) Procedural violations of the board.

      Sec. 3.  1.  The failure of a licensee to comply with a notice of violation after it is final is a ground for suspension or revocation of his license.

      2.  The failure of an applicant for licensure to comply with a notice of violation after it is final is a ground for denial of the license.

      Sec. 4.  If a licensee or applicant for a license has engaged in repeated acts which would be grounds for disciplinary action, but has corrected the conditions resulting from those acts, the correction of those conditions does not preclude the board or its authorized representative from taking action against the person pursuant to NRS 648.160.


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

ê1989 Statutes of Nevada, Page 1753 (Chapter 747, SB 496)ê

 

not preclude the board or its authorized representative from taking action against the person pursuant to NRS 648.160.

      Sec. 5.  1.  The board shall conduct a hearing within 90 days after receiving a notice of appeal from a person who has received a notice of violation, except that:

      (a) If the board receives the notice of appeal less than 30 days before a regularly scheduled meeting, it may conduct the hearing within 120 days after receiving the notice of appeal; and

      (b) The board may continue the date of the hearing for good cause shown.

      2.  The board shall deliver or send by registered or certified mail a notice of hearing to all parties at least 10 days before the date of the hearing.

      Sec. 6.  NRS 648.030 is hereby amended to read as follows:

      648.030  1.  The board shall from time to time adopt regulations to enable it to carry out the provisions of this chapter.

      2.  The board shall classify licensees according to the type of business in which they are engaged and may limit the field and scope of the operations of a licensee to those in which he is classified.

      3.  The board shall establish the criteria for [authorizing] :

      (a) Authorizing self-insurance maintained by licensees pursuant to NRS 648.135.

      (b) Levying fines contained in notices of violation based upon the following factors:

             (1) The seriousness of the violation.

             (2) The good faith of the person being charged.

             (3) A person’s history of previous violations.

      4.  The board may by regulation fix qualifications of licensees and of the directors and officers of corporate licensees necessary to promote the public welfare.

      5.  The board may by regulation require licensees and their employees to attend courses in firearm safety conducted by instructors approved by the board. The board may require a licensee or his employee to complete a certain amount of training in firearm safety before he may be permitted to carry a firearm in the course of his duties.

      Sec. 7.  NRS 648.120 is hereby amended to read as follows:

      648.120  1.  A license issued pursuant to this chapter may not be issued or renewed until the applicant or licensee pays to the board a license fee [of $250] prescribed by the board in an amount not exceeding $500 for each category of license being issued or renewed.

      2.  A license held in abeyance may not be renewed until the licensee pays to the board a license fee [of $50] prescribed by the board in an amount not exceeding $100 for each category of license being renewed.

      3.  The license fee must be paid annually and is due on July 1. The board may provide that the fee be reduced ratably for portions of the license period.

      4.  A license held in abeyance may be reinstated upon payment to the board of $100 for each category of license and the annual license fee [of $250] prescribed pursuant to subsection 1 for each category of license.

      5.  The board shall prescribe by regulation the circumstances under which the board will hold a license in abeyance.


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

ê1989 Statutes of Nevada, Page 1754 (Chapter 747, SB 496)ê

 

      Sec. 8.  NRS 648.144 is hereby amended to read as follows:

      648.144  A license issued under the provisions of this chapter and the cards issued pursuant to NRS 648.142 [shall] expire on June 30 of each year. A licensee desiring a renewal of his license shall file an application for renewal on or before June 30 on a form prescribed by the board accompanied by the fee prescribed [by] pursuant to NRS 648.120. A renewal license for the next ensuing year [shall] must then be issued together with renewal cards for the persons described in subsection 3 of NRS 648.142.

      Sec. 9.  NRS 648.160 is hereby amended to read as follows:

      648.160  1.  The board may, upon its own motion [, investigate] :

      (a) Investigate the actions of any person holding or claiming to hold a license.

      (b) Authorize a representative of the board to issue a notice of violation to any licensee or applicant for a license who, based upon probable cause, has violated a requirement of this chapter, or any standard, rule or order adopted or issued pursuant to this chapter.

      2.  The board shall, upon the filing with it of a verified written complaint by any person setting forth facts which, if proven, would constitute grounds for refusal, suspension or revocation of a license, investigate the actions of any person holding or claiming to hold a license.

      3.  The board has the power of subpena in any proceeding before the board pursuant to this chapter concerning the activity of an unlicensed person or discipline of a licensee. If any person refuses to respond to a subpena, the board shall certify the facts to the district court of the county where the hearing is being conducted. The court shall thereupon issue an order directing the person to appear before the court and show cause why he should not be punished as for contempt. The order and a copy of the certified statement must be served on the person. Thereafter the court has jurisdiction of the matter. The same proceedings must be had, the same penalties may be imposed and the person charged may purge himself of the contempt in the same way, as in the case of a person who has committed a contempt in the trial of a civil action.

      Sec. 10.  NRS 648.175 is hereby amended to read as follows:

      648.175  If, after a hearing, the board finds that cause exists , [for disciplining any licensee,] the board may:

      1.  Revoke the license of the licensee.

      2.  Suspend the license of the licensee for not more than 1 year for each violation.

      3.  Fine the licensee not more than $1,000 for each violation.

      4.  Suspend an order authorized by this section upon such terms and conditions as the board considers appropriate.

      5.  Place the licensee on probation for not more than 2 years upon such terms and conditions as the board considers appropriate.

      6.  Publicly or privately reprimand the licensee.

      7.  Affirm, modify or vacate the penalty imposed by a notice of violation.

 

________


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

ê1989 Statutes of Nevada, Page 1755ê

 

CHAPTER 748, SB 490

Senate Bill No. 490–Committee on Human Resources and Facilities

CHAPTER 748

AN ACT relating to mentally ill persons; making various changes concerning their admission to mental health facilities; excluding certain persons from the definition of a mentally ill person; extending certain clients’ rights to all public and private facilities; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  As used in NRS 433.464 to 433.534, inclusive, and sections 3, 4 and 5 of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act, have the meanings ascribed to them in those sections.

      Sec. 3.  “Administrative officer” means a person with overall executive and administrative responsibility for a facility that provides services relating to mental health or mental retardation and that is operated by any public or private entity.

      Sec. 4.  “Client” means any person who seeks, on his own or others’ initiative, and can benefit from care, treatment and training in any facility.

      Sec. 5.  “Facility” means any unit or subunit operated by the division, or any hospital, clinic or other institution operated by any public or private entity, for the care, treatment and training of clients.

      Sec. 6.  NRS 433.005 is hereby amended to read as follows:

      433.005  As used in this Title, unless the context otherwise requires, or except as otherwise defined by specific statute, the words and terms defined in NRS 433.014 to 433.224, inclusive, have the meanings ascribed to them in those sections.

      Sec. 7.  NRS 433.482 is hereby amended to read as follows:

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

      1.  To wear his own clothing, to keep and use his own personal possessions, including his toilet articles, unless those articles may be used to endanger his or others’ lives, and to keep and be allowed to spend a reasonable sum of his own money for expenses and small purchases.

      2.  To have access to individual space for storage for his private use.

      3.  To see visitors each day.

      4.  To have reasonable access to telephones, both to make and receive confidential calls.

      5.  To have ready access to materials for writing letters, including stamps, and to mail and receive unopened correspondence, but:

      (a) For the purposes of this subsection, packages are not considered as correspondence; and


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

ê1989 Statutes of Nevada, Page 1756 (Chapter 748, SB 490)ê

 

      (b) Correspondence identified as containing a check payable to a client may be subject to control and safekeeping by the administrative officer of that facility or his designee, so long as the client’s record of treatment documents the action.

      6.  Other personal rights as specified by regulation of the commission.

      Sec. 8.  NRS 433.484 is hereby amended to read as follows:

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

      1.  To medical, psychosocial and rehabilitative care, treatment and training including prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability. All [such] of that care, treatment and training must be consistent with standards of practice of the respective professions in the community and is subject to the following conditions:

      (a) Before instituting a plan of care, treatment or training or carrying out any necessary surgical procedure, express and informed consent must be obtained in writing from:

             (1) The client if he is 18 years of age or over or legally emancipated and competent to give [such] that consent, and from his legal guardian, if any;

             (2) The parent or guardian of a client under 18 years of age and not legally emancipated; or

             (3) The legal guardian of a client of any age who has been adjudicated mentally incompetent;

      (b) An informed consent requires that the person whose consent is sought be adequately informed as to:

             (1) The nature and consequences of the procedure;

             (2) The reasonable risks, benefits and purposes of the procedure; and

             (3) Alternative procedures available;

      (c) The consent of a client as provided in paragraph (b) may be withdrawn by the client in writing at any time with or without cause;

      (d) Even in the absence of express and informed consent, a licensed and qualified physician may render emergency medical care or treatment to any client who has been injured in an accident or who is suffering from an acute illness, disease or condition, if within a reasonable degree of medical certainty, delay in initiation of emergency medical care or treatment would endanger the health of the client and if the treatment is immediately entered into the client’s record of treatment, subject to the provisions of paragraph (e); and

      (e) If the proposed emergency medical care or treatment is deemed by the medical director to be unusual, experimental or generally occurring infrequently in routine medical practice, the medical director shall request consultation from other physicians or practitioners of healing arts who have knowledge of the proposed care or treatment.

      2.  To be free from the application of any mechanical restraint, except if prescribed by a physician. If so prescribed, the restraint must be removed whenever the condition justifying its use no longer exists, and any use of a mechanical restraint, together with the reasons therefor, must be made a part of the client’s record of treatment.


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

ê1989 Statutes of Nevada, Page 1757 (Chapter 748, SB 490)ê

 

whenever the condition justifying its use no longer exists, and any use of a mechanical restraint, together with the reasons therefor, must be made a part of the client’s record of treatment.

      3.  To consent to his transfer from one facility to another, except that the administrator of either division or his designee may order a transfer to be made whenever conditions concerning care, treatment or training warrant it. If the client in any manner objects to the transfer, the person ordering it must enter the objection and a written justification of the transfer in the client’s record of treatment and immediately forward a notice of the objection to the administrator, and the commission shall review the transfer pursuant to subsection 3 of NRS 433.534.

      4.  Other rights concerning care, treatment and training as may be specified by regulation of the commission.

      Sec. 9.  NRS 433.494 is hereby amended to read as follows:

      433.494  1.  An individualized written plan of mental health or mental retardation services [shall] must be developed for each client [.] of each facility. The plan [shall] must provide for the least restrictive treatment procedure that may reasonably be expected to benefit the client.

      2.  The plan [shall] must be kept current and [shall] must be modified when indicated. [Such plan shall] The plan must be thoroughly reviewed at least once every 3 months.

      3.  The person in charge of implementing the plan of services [shall] must be designated in the plan.

      Sec. 10.  NRS 433.534 is hereby amended to read as follows:

      433.534  1.  The rights of a client enumerated in this chapter must not be denied except to protect the client’s health and safety or to protect the health and safety of others, or both. Any denial of those rights in any facility must be entered in the client’s record of treatment, and notice of the denial must be forwarded to the administrative officer [.] of the facility. Failure to report denial of rights by an employee may be grounds for dismissal.

      2.  [Upon receipt of] If the administrative officer of a facility designated by the administrator receives notice of a denial of rights as provided in subsection 1, [the administrative officer] he shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be sent to the administrator and the commission.

      3.  The commission:

      (a) Shall receive reports of and may investigate apparent violations of the rights guaranteed by this chapter;

      (b) May act to resolve disputes relating to apparent violations;

      (c) May act on behalf of clients to obtain remedies for any apparent violations; and

      (d) Shall otherwise endeavor to safeguard the rights guaranteed by this chapter.

      Sec. 11.  NRS 433A.145 is hereby amended to read as follows:

      433A.145  1.  As used in NRS [433A.150] 433A.120 to 433A.330, inclusive, unless the context otherwise requires, “mentally ill person” means any person [who has demonstrated observable behavior the consequence of which] whose capacity to exercise self-control, judgment and discretion in the conduct of his affairs and social relations or to care for his personal needs is diminished to the extent that he presents a clear and present danger of harm to himself or others, [or presents observable behavior that he is so gravely disabled by mental illness that he is unable to maintain himself in his normal situation in life without external support.]


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

ê1989 Statutes of Nevada, Page 1758 (Chapter 748, SB 490)ê

 

conduct of his affairs and social relations or to care for his personal needs is diminished to the extent that he presents a clear and present danger of harm to himself or others, [or presents observable behavior that he is so gravely disabled by mental illness that he is unable to maintain himself in his normal situation in life without external support.] but does not include any person in whom that capacity is diminished by epilepsy, mental retardation, Alzheimer’s disease, brief periods of intoxication caused by alcohol or drugs, or dependence upon or addiction to alcohol or drugs, unless a mental illness that can be diagnosed is also present which contributes to the diminished capacity of the person.

      2.  A person presents a clear and present danger of harm to himself if, within the next preceding 30 days, he has:

      (a) Acted in a manner from which it may reasonably be inferred that, without the care, supervision or continued assistance of others, he will be unable to satisfy his need for nourishment, personal or medical care, shelter, self-protection or safety, and if there exists a reasonable probability that his death, serious bodily injury or physical debilitation will occur within the next following 30 days unless he is admitted to a mental health facility pursuant to the provisions of NRS 433A.120 to 433A.330, inclusive, and adequate treatment is provided to him;

      (b) Attempted or threatened to commit suicide or committed acts in furtherance of a threat to commit suicide, and if there exists a reasonable probability that he will commit suicide unless he is admitted to a mental health facility pursuant to the provisions of NRS 433A.120 to 433A.330, inclusive, and adequate treatment is provided to him; or

      (c) Mutilated himself, attempted or threatened to mutilate himself or committed acts in furtherance of a threat to mutilate himself, and if there exists a reasonable probability that he will mutilate himself unless he is admitted to a mental health facility pursuant to the provisions of NRS 433A.120 to 433A.330, inclusive, and adequate treatment is provided to him.

      3.  A person presents a clear and present danger of harm to others if, within the next preceding 30 days, he has inflicted or attempted to inflict serious bodily harm on any other person, or made threats to inflict harm and committed acts in furtherance of those threats, and if there exists a reasonable probability that he will do so again unless he is admitted to a mental health facility pursuant to the provisions of NRS 433A.120 to 433A.330, inclusive, and adequate treatment is provided to him.

      Sec. 12.  NRS 433A.150 is hereby amended to read as follows:

      433A.150  1.  Any mentally ill person may be detained in a public or private mental health facility or hospital under an emergency admission for evaluation, observation and treatment subject to subsection 2.

      2.  [No] Except as otherwise provided in subsection 3, a person admitted to a mental health facility or hospital under subsection 1 [may] must not be detained [for a period] in excess of [2 working days] 72 hours, including Saturdays and Sundays, from the time of his admission unless within that period a written petition for an involuntary court-ordered admission has been filed with the clerk of the district court [for an order of the court authorizing the continued hospitalization of that person for emergency observation and diagnosis for not more than 7 days from the date of the order.]


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

ê1989 Statutes of Nevada, Page 1759 (Chapter 748, SB 490)ê

 

diagnosis for not more than 7 days from the date of the order.] pursuant to NRS 433A.200.

      3.  If the 72-hour period specified in subsection 2 expires on a day on which the office of the clerk of the district court is not open, the written petition must be filed on or before the close of the business day next preceding the expiration of that period, except that, if that business day is the same day as that upon which the person was admitted, the petition must be filed on or before the close of the business day next following the expiration of that period.

      Sec. 13.  NRS 433A.160 is hereby amended to read as follows:

      433A.160  1.  Application for an emergency admission of an allegedly mentally ill person for evaluation and observation may only be made by an accredited agent of the department, an officer authorized to make arrests in the State of Nevada or a physician, psychologist, social worker or registered nurse. The agent, officer, physician, psychologist, social worker or registered nurse may take an allegedly mentally ill person into custody without a warrant to apply for emergency admission for evaluation, observation and treatment under NRS 433A.150 and may transport the person or arrange the transportation for him with a local law enforcement agency to a public or private mental health facility for that purpose.

      2.  The application must reveal the circumstances under which the person was taken into custody and the reasons therefor.

      3.  For the purposes of subsection 1, “an accredited agent of the department” means any person appointed or designated by the director of the department to take into custody and transport to a mental health facility pursuant to subsections 1 and 2 those persons in need of emergency admission.

      4.  Any person who has reason to believe that another person is mentally ill may apply to the district attorney of the county where the allegedly mentally ill person is found, and the district attorney may, if satisfied that as a result of mental illness the person is likely to harm himself or others : [or is gravely disabled:]

      (a) Issue an order to any peace officer for the immediate apprehension of the person and his transportation to a public or private mental health facility; and

      (b) Make application for the admission of the person under the emergency admission provisions of NRS 433A.150.

      5.  Each person admitted to a public or private mental health facility or hospital under an emergency admission must be evaluated at the time of admission by a psychiatrist or physician who is not a psychiatrist. Each such emergency admission must be approved by a psychiatrist.

      Sec. 14.  NRS 433A.170 is hereby amended to read as follows:

      433A.170  The administrative officer of a facility operated by the division or of any other public or private mental health facility or hospital shall not accept an application for an emergency admission under NRS 433A.150 and 433A.160 unless that application is accompanied by a certificate of a psychiatrist, certified psychologist or physician stating that he has examined the person alleged to be mentally ill and that he has concluded that as a result of mental illness the person is likely to harm himself or others . [or is gravely disabled.]


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ê1989 Statutes of Nevada, Page 1760 (Chapter 748, SB 490)ê

 

disabled.] This certificate may be obtained from a psychiatrist, certified psychologist, or physician who is employed by the public or private mental health facility to which the application is made.

      Sec. 15.  NRS 433A.200 is hereby amended to read as follows:

      433A.200  A proceeding for an involuntary court-ordered admission of any person in the State of Nevada may be commenced by the filing of a petition with the clerk of the district court of the county where the person who is to be treated resides. The petition may be filed by the spouse, parent, adult children or legal guardian of the person to be treated or by any physician, psychologist, social worker or registered nurse, by an accredited agent of the department or by any officer authorized to make arrests in the State of Nevada. The petition must be accompanied:

      1.  By a certificate of a physician or certified psychologist stating that he has examined the person alleged to be mentally ill and has concluded that as a result of mental illness the person is likely to harm himself or others ; [or that he is gravely disabled;] or

      2.  By a sworn written statement by the petitioner that:

      (a) The petitioner has probable cause to believe that the person is mentally ill and, because of [such] that illness is likely to harm himself or others ; [, or is gravely disabled;] and

      (b) That the person has refused to submit to examination or treatment by a physician, psychiatrist or certified psychologist.

      Sec. 16.  NRS 433A.210 is hereby amended to read as follows:

      433A.210  A petition filed with the clerk of the district court to commence proceedings for involuntary court-ordered admission of a person pursuant to NRS 433A.150 must include:

      1.  A certified copy of the application made pursuant to NRS 433A.160 with respect to the person detained; and

      2.  A petition executed by a psychiatrist, certified psychologist, or physician certifying that he has examined the person alleged to be mentally ill and has concluded that as a result of mental illness the person is likely to harm himself or others . [or is gravely disabled.]

      Sec. 17.  NRS 433A.220 is hereby amended to read as follows:

      433A.220  1.  Immediately after he receives any petition filed under NRS 433A.200 or 433A.210, the clerk of the district court shall transmit the petition to the appropriate district judge, who shall set a time and place for its hearing, which date [should] must be within [7] 14 calendar days from the time [such] the petition is received by the clerk [.

      2.  Notice] or from the time the subject of the petition was admitted to a hospital or mental health facility pursuant to NRS 433A.160, whichever is less.

      2.  The court shall give notice of the petition and of the time and place of any proceedings thereon [shall be given by the court] to the subject of the petition, his attorney, if known, the petitioner, the district attorney of the county in which the court has its principal office and the administrative office of any mental health facility in which the subject of the petition is detained.

      Sec. 18.  NRS 433A.240 is hereby amended to read as follows:

      433A.240  1.  After the filing of a petition to commence proceedings for involuntary court-ordered admission of a person pursuant to NRS 433A.200 or 433A.210, the court shall promptly cause two or more physicians or certified psychologists, one of whom must always be a physician, to examine the person alleged to be mentally ill, or request an evaluation by an evaluation team from the division of the person alleged to be mentally ill.


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ê1989 Statutes of Nevada, Page 1761 (Chapter 748, SB 490)ê

 

or 433A.210, the court shall promptly cause two or more physicians or certified psychologists, one of whom must always be a physician, to examine the person alleged to be mentally ill, or request an evaluation by an evaluation team from the division of the person alleged to be mentally ill.

      2.  [For the purpose of conducting] To conduct the examination of a person who is not at a mental health facility under emergency admission pursuant to NRS 433A.150, the court may order a peace officer to take the person into protective custody and transport him to a mental health facility or hospital where he may be detained until a hearing is had upon the petition.

      3.  Unless the person is admitted under an emergency admission pursuant to NRS 433A.150, he may be allowed to remain in his home or other place of residence pending an ordered examination or examinations and to return to his home or other place of residence upon completion of the examination or examinations. The person may be accompanied by one or more of his relatives or friends to the place of examination.

      4.  Each physician and certified psychologist who examines a person pursuant to subsection 1 shall, not later than 48 hours before the hearing set pursuant to NRS 433A.220, submit to the court in writing a summary of his findings and evaluation regarding the person alleged to be mentally ill.

      Sec. 19.  NRS 433A.310 is hereby amended to read as follows:

      433A.310  1.  If the district court finds, after proceedings for involuntary court-ordered admission:

      (a) That there is not clear and convincing evidence that the person with respect to whom the hearing was held is mentally ill or exhibits observable behavior that he is likely to harm himself or others if allowed to remain at liberty, [or that he is gravely disabled,] the court shall enter its finding to that effect and the person must not be involuntarily detained in a mental health facility.

      (b) That there is clear and convincing evidence that the person with respect to whom the hearing was held is mentally ill and, because of that illness, is likely to harm himself or others if allowed to remain at liberty, [or is gravely disabled,] the court may order the involuntary admission of the person for the most appropriate course of treatment. The order of the court must be interlocutory and must not become final if, within 30 days after the involuntary admission, the person is unconditionally released pursuant to NRS 433A.390.

      2.  An involuntary admission pursuant to paragraph (b) of subsection 1 automatically expires at the end of 6 months if not terminated previously by the medical director of the mental health facility as provided for in subsection 2 of NRS 433A.390. At the end of the court-ordered treatment period, the division or any nondivision mental health facility may petition to renew the detention of the person for additional periods of time not to exceed 6 months each. For each renewal, the petition must set forth to the court specific reasons why further treatment would be in the person’s own best interests.

      3.  Before issuing an order for involuntary admission or a renewal thereof, the court shall explore other alternative courses of treatment within the least restrictive environment as suggested by the division’s evaluation team, or other persons professionally qualified in the field of psychiatric mental health, which the court believes may be in the best interests of the person.


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ê1989 Statutes of Nevada, Page 1762 (Chapter 748, SB 490)ê

 

      Sec. 20.  NRS 433A.390 is hereby amended to read as follows:

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

      2.  An involuntarily court admitted client may be released [prior to the time] before the period specified in NRS 433A.310 when:

      (a) An evaluation team established under NRS 433A.250 or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, determines that the client has recovered from his mental illness or has improved to such an extent that he is no longer considered to present a clear and present danger of harm to himself or others ; [and is not gravely disabled;] and

      (b) Under advisement from the evaluation team or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, the medical director of the mental health facility authorizes the release and gives written notice to the admitting court 10 days [prior to] before the release of the client.

 

________

 

 

CHAPTER 749, SB 487

Senate Bill No. 487–Committee on Commerce and Labor

CHAPTER 749

AN ACT relating to loans secured by liens upon real property; limiting the exemption of certain companies from regulation as mortgage companies; requiring application for a certificate for that exemption; requiring mortgage companies to maintain records in the state; providing standards for contributions to and payments from impound trust accounts; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 645B.015 is hereby amended to read as follows:

      645B.015  The provisions of this chapter do not apply to:

      1.  Any person doing business under the laws of this state, any other state or the United States relating to banks, savings banks, trust companies, savings and loan associations, common and consumer finance companies, industrial loan companies, credit unions, thrift companies or insurance companies [.] , unless the business conducted in this state is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required.

      2.  A real estate investment trust as defined in 26 U.S.C. § 856 [.] , unless the business conducted in this state is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required.


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ê1989 Statutes of Nevada, Page 1763 (Chapter 749, SB 487)ê

 

      3.  An employee benefit plan as defined in 29 U.S.C. § 1002(3) if the loan is made directly from money in the plan by the plan’s trustee.

      4.  An attorney at law rendering services in the performance of his duties as attorney at law.

      5.  A real estate broker rendering services in the performance of his duties as a real estate broker.

      6.  Except as otherwise provided in this subsection, any firm or corporation:

      (a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;

      (b) Approved by the Federal National Mortgage Association as a seller or servicer; and

      (c) Approved by the Department of Housing and Urban Development and the Veteran’s Administration.

A firm or corporation is not exempt from the provisions of this chapter pursuant to this subsection if it maintains any accounts described in subsection 1 of NRS 645B.175 or offers for sale in this state any unregistered security under state or federal law and purports to make investments in promissory notes secured by liens on real property. A firm or corporation which is exempted pursuant to this subsection must submit annually as a condition of its continued exemption a certified statement by an independent certified public accountant that the firm or corporation does not maintain any such accounts. This subsection does not prohibit an exempt firm or corporation from maintaining accounts described in NRS 645B.170 and subsection 3 of NRS 645B.175.

      7.  Any person doing any act under order of any court.

      8.  Any one natural person, or husband and wife, who provides money for investment in loans secured by a lien on real property, on his own account.

      9.  Agencies of the United States and of this state and its political subdivisions, including the public employees’ retirement system.

      10.  A seller of real property who offers credit secured by a mortgage of the property sold.

      Sec. 2.  NRS 645B.020 is hereby amended to read as follows:

      645B.020  1.  A license as a mortgage company may be obtained by filing a written application in the office of the commissioner.

      2.  The application must:

      (a) Be verified.

      (b) State the location of the applicant’s principal office and branch offices in the state.

      (c) State the name under which the applicant will conduct business.

      (d) List the names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees and directors, specifying the capacity and title of each.

      (e) Indicate the general plan and character of the business.

      (f) State the length of time the applicant has been engaged in the mortgage company business.

      (g) Include a financial statement of the applicant.

      (h) Include such other information as the commissioner determines necessary.


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ê1989 Statutes of Nevada, Page 1764 (Chapter 749, SB 487)ê

 

      3.  If the commissioner determines after investigation that the experience, character, financial condition, business reputation and general fitness of the applicant are such as to command the confidence of the public and to warrant the belief that the handling of money deposited for taxes and insurance premiums or otherwise held in escrow or trust accounts as provided in this chapter will protect and safeguard the public, he shall issue a license to the applicant as a mortgage company. A license entitles the holder to engage in the activities authorized by this chapter.

      4.  A person who claims an exemption from the provisions of this chapter must apply to the commissioner for a certificate of exemption and pay the fee for application.

      Sec. 3.  NRS 645B.050 is hereby amended to read as follows:

      645B.050  1.  A mortgage company’s license expires June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing an application for renewal and paying the annual fee for a license for the succeeding year. The application and payment must be received by the commissioner on or before June 30 next preceding the expiration date. If the application or payment is not received by June 30, the license is canceled. The commissioner may reinstate the license if the licensee pays the filing fee and a reinstatement fee of $200.

      2.  The commissioner shall require a licensee to deliver a financial statement prepared from his books and records by an independent public accountant who holds a permit to engage in the practice of public accounting in this state which has not been revoked or suspended. The financial statement must be dated not earlier than the close of the latest fiscal year of the company and must be submitted within 60 days thereafter. The commissioner may grant a reasonable extension for the submission of the financial statement if requested before the statement is due.

      3.  If a licensee maintains any accounts described in subsection 1 of NRS 645B.175, the financial statement submitted pursuant to this section must be audited. If the licensee maintains any accounts described in subsection 3 of NRS 645B.175, those accounts must be audited. The public accountant who prepares the report of an audit shall submit a copy of the report to the commissioner at the same time as he submits the report to the company. The commissioner shall by regulation prescribe the scope of audits pursuant to this subsection.

      4.  A certificate of exemption issued pursuant to subsection 4 of NRS 645B.020 expires December 31 next after the date of issuance if it is not renewed. A certificate of exemption may be renewed by filing an application for renewal and paying the annual fee for renewal of a certificate of exemption for the succeeding year. The application and payment must be received by the commissioner on or before December 31 next preceding the expiration date.

      5.  The filing fees are:

      (a) For filing an original application, $1,500 for the principal office and $40 for each branch office. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative fund created by NRS 232.285.


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ê1989 Statutes of Nevada, Page 1765 (Chapter 749, SB 487)ê

 

      (b) If the license is approved for issuance, $1,000 for the principal office and $60 for each branch office before issuance.

      (c) For filing an application for renewal, $500 for the principal office and $100 for each branch office.

      (d) For filing an application for a certificate of exemption, $200.

      (e) For filing an application for renewal of a certificate of exemption, $100.

      (f) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.

      [5.] 6.  Except as otherwise provided in this chapter, all fees received under this chapter must be deposited in the state treasury for credit to the state general fund.

      Sec. 4.  NRS 645B.080 is hereby amended to read as follows:

      645B.080  1.  All mortgage companies shall keep and maintain at all times in their places of business in this state complete and suitable records of all mortgage transactions made by them at that location, together with all original books, papers and data clearly reflecting the financial condition of the business of such companies.

      2.  Each mortgage company shall submit to the commissioner each month a report of the company’s activity for the previous month. The report must:

      (a) Specify the volume of loans arranged by the company for the month or state that no loans were arranged in that month;

      (b) Include such other information as the commissioner by regulation requires; and

      (c) Be submitted to the commissioner by the 15th day of the month following the month for which the report is made.

      3.  The commissioner may adopt regulations prescribing accounting procedures for mortgage companies handling trust accounts and the requirements for keeping records relating thereto.

      Sec. 5.  NRS 645B.170 is hereby amended to read as follows:

      645B.170  1.  All money paid to the mortgage company for payment of taxes or insurance premiums on property which secures any loan made by the mortgage company must be deposited in a bank and kept separate, distinct and apart from money belonging to the mortgage company. Such money, when deposited, is to be designated as an “impound trust account” or under some other appropriate name indicating that the accounts are not the money of the mortgage company.

      2.  The mortgage company has a fiduciary duty to its debtors with respect to the money in its impound trust account.

      3.  The mortgage company shall, upon reasonable notice, account to any debtor whose property secures a loan made by the mortgage company for any money which that person has paid to the mortgage company for the payment of taxes or insurance premiums on the property in question.

      4.  The mortgage company shall, upon reasonable notice, account to the commissioner for all money in the company’s impound trust account.

      5.  A mortgage company shall:

      (a) Require contributions to an impound trust account in an amount reasonably necessary to pay the obligations as they become due.


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ê1989 Statutes of Nevada, Page 1766 (Chapter 749, SB 487)ê

 

      (b) Within 30 days after the completion of its annual review of an impound trust account, notify the debtor:

             (1) Of the amount by which the contributions exceed the amount reasonably necessary to pay the annual obligations due from the account; and

             (2) That he may specify the disposition of the excess money within 20 days after receipt of the notice. If the debtor fails to specify such a disposition within that time, the mortgage company shall maintain the excess money in the account.

This subsection does not prohibit a mortgage company from requiring additional amounts to be paid into an impound trust account to recover a deficiency that exists in the account.

      6.  A mortgage company shall not make payments from an impound trust account in a manner that causes a policy of insurance to be canceled or causes property taxes or similar payments to become delinquent.

      Sec. 6.  NRS 645B.180 is hereby amended to read as follows:

      645B.180  1.  [Impound trust account funds are] Money in an impound trust account is not subject to execution or attachment on any claim against the mortgage company.

      2.  It is unlawful for any mortgage company knowingly to keep or cause to be kept any [funds or] money in any bank under the heading of “impound trust account” or any other name designating such [funds or] money as belonging to the debtors of the mortgage company, except [actual funds] money paid to the mortgage company for the payment of taxes and insurance premiums on property securing loans made by the company [.] , and money held in trust pursuant to NRS 645B.175.

      Sec. 7.  Chapter 106 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a lender who requires a borrower to make advance contributions to an impound trust account, or an account of similar name, for the payment of taxes, insurance premiums or other obligations related to the encumbered property shall:

      (a) Require contributions in an amount reasonably necessary to pay the obligations as they become due.

      (b) Unless money in the account is insufficient, pay in a timely manner the obligations as they become due.

      (c) Within 30 days after the completion of its annual review of the account, notify the borrower:

             (1) Of the amount by which the contributions exceed the amount reasonably necessary to pay the annual obligations due from the account; and

             (2) That he may specify the disposition of the excess money within 20 days after receipt of the notice. If the borrower fails to specify such a disposition within that time, the lender shall maintain the excess money in the account.

A lender who violates any provision of this subsection is liable to the borrower for a civil penalty of not more than $1,000.

      2.  A lender, to recover previous deficiencies in contributions to an impound trust account, may require contributions to the account in an amount greater than that reasonably necessary to pay the obligations as they become due.


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ê1989 Statutes of Nevada, Page 1767 (Chapter 749, SB 487)ê

 

due. The borrower is otherwise entitled to the amount by which his contributions to the account exceed the amount reasonably necessary to pay the annual obligations due from the account, together with interest thereon at the rate established pursuant to NRS 99.040.

      3.  As used in this section:

      (a) “Borrower” means a mortgagor, grantor of a deed of trust or other obligor on a loan secured by a lien upon real property.

      (b) “Lender” means a mortgagee, beneficiary of a deed of trust or other obligee on a loan secured by a lien upon real property, and his successor in interest.

      Sec. 8.  Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1989.

 

________

 

 

CHAPTER 750, SB 479

Senate Bill No. 479–Committee on Judiciary

CHAPTER 750

AN ACT relating to obligations secured by real property; making various changes concerning the enforcement of those obligations; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 40 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  As used in NRS 40.430 to 40.459, inclusive, and section 3 of this act, unless the context otherwise requires, a “mortgage or other lien” includes a deed of trust, but does not include a lien which arises pursuant to chapter 108 of NRS, pursuant to an assessment under chapter 117, 119A or 278A of NRS, or pursuant to a judgment or decree of any court of competent jurisdiction.

      Sec. 3.  1.  The commencement of or participation in a judicial proceeding in violation of NRS 40.430 does not forfeit any of the rights of a secured creditor in any real or personal collateral, or impair the ability of the creditor to realize upon any real or personal collateral, if the judicial proceeding is:

      (a) Stayed or dismissed before entry of a final judgment; or

      (b) Converted into an action which does not violate NRS 40.430.

      2.  If the provisions of NRS 40.430 are timely interposed as an affirmative defense in such a judicial proceeding, upon the motion of any party to the proceeding the court shall:

      (a) Dismiss the proceeding without prejudice; or

      (b) Grant a continuance and order the amendment of the pleadings to convert the proceeding into an action which does not violate NRS 40.430.

      3.  The failure to interpose, before the entry of a final judgment, the provisions of NRS 40.430 as an affirmative defense in such a proceeding waives the defense in that proceeding.


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ê1989 Statutes of Nevada, Page 1768 (Chapter 750, SB 479)ê

 

waives the defense in that proceeding. Such a failure does not affect the validity of the final judgment, but entry of the final judgment releases and discharges the mortgage or other lien.

      4.  As used in this section, “final judgment” means a judgment which imposes personal liability on the debtor for the payment of money and which may be appealed under the Nevada Rules of Appellate Procedure.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  NRS 40.430 is hereby amended to read as follows:

      40.430  1.  [Except as otherwise provided in chapter 104 of NRS, there] There may be but one action for the recovery of any debt, or for the enforcement of any right secured by a mortgage [, deed of trust] or other lien upon real estate. That action must be in accordance with the provisions of this section and NRS 40.440 to 40.459, inclusive [.] , and section 3 of this act. In that action, the judgment must be rendered for the amount found due the plaintiff, and the court , [may,] by its decree or judgment, may direct a sale of the encumbered property, or such part thereof as is necessary, and apply the proceeds of the sale as provided in section 1 of [this act. 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.] Assembly Bill No. 320 of this session.

      2.  This section must be construed in order to permit a secured creditor to realize upon collateral for a debt or other obligation agreed upon by the debtor and creditor when the debt or other obligation was incurred.

      3.  A sale directed by the court pursuant to subsection 1 must be conducted in the same manner as the sale of real property upon execution, 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] sheriff of one of the counties [by the sheriff of that county] to conduct the sale with like proceedings and effect as if the whole of the encumbered land were situated in that county.

      4.  As used in this section, an “action” does not include any act or proceeding:

      (a) To appoint a receiver for, or obtain possession of, any real or personal collateral for the debt.

      (b) To enforce a security interest in, or the assignment of, any rents, issues, profits or other income of any real or personal property.

      (c) To enforce a mortgage or other lien upon any real or personal collateral located outside of the state which does not, except as required under the laws of that jurisdiction, result in a personal judgment against the debtor.

      (d) For the recovery of damages arising from the commission of a tort, including a recovery under NRS 40.545, or the recovery of any declaratory or equitable relief.

      (e) For the exercise of a power of sale pursuant to NRS 107.080.

      (f) For the exercise of any right or remedy authorized by chapter 104 of NRS or by the Uniform Commercial Code as enacted in any other state.

      (g) For the exercise of any right to set off, or to enforce a pledge in, a deposit account pursuant to a written agreement or pledge.

      (h) To draw under a letter of credit.


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ê1989 Statutes of Nevada, Page 1769 (Chapter 750, SB 479)ê

 

      (i) To enforce an agreement with a surety or guarantor if enforcement of the mortgage or other lien has been automatically stayed pursuant to 11 U.S.C. § 362 or pursuant to an order of a federal bankruptcy court under any other provision of the United State Bankruptcy Code for not less than 120 days following the mailing of notice to the surety or guarantor pursuant to subsection 1 of section 11 of this act.

      (j) To collect any debt, or enforce any right, secured by a mortgage or other lien on real property if the property has been sold to a person other than the creditor to satisfy, in whole or in part, a debt or other right secured by a senior mortgage or other senior lien on the property.

      (k) Relating to any proceeding in bankruptcy, including the filing of a proof of claim, seeking relief from an automatic stay and any other action to determine the amount or validity of a debt.

      (l) For filing a claim pursuant to chapter 147 of NRS or to enforce such a claim which has been disallowed.

      (m) Which does not include the collection of the debt or realization of the collateral securing the debt.

      (n) Which is exempted from the provisions of this section by specific statute.

      (o) To recover costs of suit, costs and expenses of sale, attorney’s fees and other incidental relief in connection with any action authorized by this subsection.

      Sec. 6.  NRS 40.440 is hereby amended to read as follows:

      40.440  If there is surplus money remaining after payment of the amount due on the mortgage [, lien or encumbrance,] or other lien, with costs, the court may cause the same to be paid to the person entitled to it pursuant to section 1 of [this act,] Assembly Bill No. 320 of this session, and in the meantime may direct it to be deposited in court.

      Sec. 7.  NRS 40.450 is hereby amended to read as follows:

      40.450  If the debt for which the mortgage [, lien or encumbrance] or other lien on real property is held [be] is not all due, [so] as soon as a sufficient amount of the property has been sold to pay the amount due, with costs, the sale shall cease . [; and afterwards,] Afterwards, as often as more becomes due for principal or interest, the court may, on motion, order more to be sold. [But] However, if the property cannot be sold in portions without injury to the parties, the whole may be ordered to be sold in the first instance, and the entire debt and costs paid, [there being] with a rebate of interest where such a rebate is proper.

      Sec. 8.  NRS 40.451 is hereby amended to read as follows:

      40.451  As used in NRS 40.453 to 40.459, inclusive, and section 1 of Assembly Bill No. 320 of this session, “indebtedness” means the principal balance of the obligation secured by a mortgage or [deed of trust,] other lien on real property, together with all interest accrued and unpaid prior to the time of foreclosure sale, all costs and fees of such [foreclosure] a sale, all advances made with respect to the property by the beneficiary, and all other amounts secured by the mortgage or [deed of trust or which constitute a] other lien on the real property in favor of the person seeking the deficiency judgment. Such amount constituting a lien is limited to the amount of the consideration paid by the lienholder.


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ê1989 Statutes of Nevada, Page 1770 (Chapter 750, SB 479)ê

 

      Sec. 9.  NRS 40.459 is hereby amended to read as follows:

      40.459  After the hearing, the court shall award a money judgment against the debtor, guarantor [, surety or other defendant or defendants] or surety who is personally liable for the debt. The court shall not render judgment for more than:

      1.  The amount by which the amount of the indebtedness which was secured exceeds the fair market value of the property sold at the time of the sale, with interest from the date of the sale; or

      2.  The amount which is the difference between the amount for which the property was actually sold and the amount of the indebtedness which was secured,

whichever is the lesser amount.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11.  Chapter 107 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The notice of default required by NRS 107.080 must also be sent by registered or certified mail, return receipt requested and with postage prepaid, to each guarantor or surety of the debt. If the address of the guarantor or surety is unknown, the notice must be sent to the address of the trust property. Failure to give the notice, except as otherwise provided in subsection 3, releases the guarantor or surety from his obligation to the beneficiary, but does not affect the validity of a sale conducted pursuant to NRS 107.080 nor the obligation of any guarantor or surety to whom the notice was properly given.

      2.  Failure to give the notice of default required by NRS 107.090, except as otherwise provided in subsection 3, releases the obligation to the beneficiary of any person who has complied with NRS 107.090 and who is or may otherwise be held liable for the debt or other obligation secured by the deed of trust, but such a failure does not affect the validity of a sale conducted pursuant to NRS 107.080 nor the obligation of any person to whom the notice was properly given pursuant to this section or to NRS 107.080 or 107.090.

      3.  A guarantor, surety or other obligor is not released pursuant to this section if:

      (a) The required notice is given at least 15 days before the later of:

             (1) The expiration of the 15- or 35-day period described in NRS 107.080; or

             (2) Any extension of that period by the beneficiary; or

      (b) The notice is rescinded before the sale is advertised.

      Sec. 12.  NRS 107.080 is hereby amended to read as follows:

      107.080  1.  Where any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation [,] for which the transfer is security.

      2.  The power of sale must not be exercised, however, until:

      (a) In the case of any trust agreement coming into force [on] :

             (1) On or after July 1, 1949, and before July 1, 1957, the grantor , or his successor in interest, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property, has for a period of 15 days, computed as prescribed in subsection 3, failed to make good [his] the deficiency in performance or payment [, and, in the case of any trust agreement coming into force on] ; or

 


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ê1989 Statutes of Nevada, Page 1771 (Chapter 750, SB 479)ê

 

property, has for a period of 15 days, computed as prescribed in subsection 3, failed to make good [his] the deficiency in performance or payment [, and, in the case of any trust agreement coming into force on] ; or

             (2) On or after July 1, 1957, the grantor , or his successor in interest, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property, has for a period of 35 days, computed as prescribed in subsection 3, failed to make good [his] the deficiency in performance or payment; [and]

      (b) The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of the breach and of his election to sell or cause to be sold the property to satisfy the obligation; and

      (c) Not less than 3 months have elapsed after the recording of the notice.

      3.  The 15- or 35-day period provided in paragraph (a) of subsection 2 commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail , return receipt requested and with postage prepaid , to the grantor [or to his successor in interest at the address of the grantor or his successor in interest] , and to the person who holds the title of record on the date the notice of default and election to sell is recorded, at their respective addresses, if known, otherwise to the address of the trust property. The notice of default and election to sell must describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due [and payable] if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2.

      4.  The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of the 3-month period following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof in the manner and for a time not less than required by law for the sale or sales of real property upon execution. The sale itself may be made at the office of the trustee, if the notice so [provided,] provides, whether the property so conveyed in trust is located within the same county as the office of the trustee or not.

      5.  [The notices required pursuant to subsections 3 and 4 must also be sent by certified mail, return receipt requested, with postage prepaid to each guarantor, surety or obligor other than the grantor at the address of each such guarantor, surety or other obligor, if known, otherwise to the address of the trust property. Failure to give notice to any guarantor, surety or other obligor releases the person’s obligations to the trust beneficiary, but does not affect the obligations of any other person who is given notice pursuant to subsections 3 and 4. Failure to give notice pursuant to this subsection does not affect the validity of any sale conducted pursuant to this section if notice is otherwise given in accordance with subsections 3 and 4.


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ê1989 Statutes of Nevada, Page 1772 (Chapter 750, SB 479)ê

 

the validity of any sale conducted pursuant to this section if notice is otherwise given in accordance with subsections 3 and 4.

      6.  If enforcement of the power of sale conferred upon the trustee is automatically stayed pursuant to 11 U.S.C. § 362 or pursuant to an order of a federal bankruptcy court under any other provision of the United States Bankruptcy Code, the beneficiary may commence an action against a guarantor, surety or other obligor other than the grantor after 120 days have elapsed from the date notice of default was mailed to the guarantor, surety or other obligor. The provisions of NRS 40.430, 40.455, 40.457 and 40.459 do not apply to an action commenced pursuant to this subsection. The guarantor, surety or obligor against whom such action is taken is entitled to assert against the beneficiary all legal and equitable defenses available to the debtor arising out of the transaction.

      7.] Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor and his successors in interest without equity or right of redemption. The sale of a lease of a dwelling unit of a cooperative housing corporation vests in the purchaser title to the shares in the corporation which accompany the lease.

      Sec. 13.  NRS 107.090 is hereby amended to read as follows:

      107.090  1.  As used in this section, “person with an interest” means any person who has or claims any right, title or interest in, or lien or charge upon, the real property described in the deed of trust , [and] as evidenced by any document or instrument filed or recorded in the office of the county recorder of the county in which any part of the real property is situated.

      2.  A person with an interest or any other person who is or may be held liable for any debt secured by a lien on the property desiring a copy of a notice of default or notice of sale under a deed of trust with power of sale upon real property may at any time after recordation of the deed of trust file in the office of the county recorder of the county in which any part of the real property is situated an acknowledged request for a copy of the notice of default or of sale. The request must state the name and address of the person requesting copies of the notices and identify the deed of trust by stating the names of the parties thereto, the date of recordation and the book and page where it is recorded.

      3.  The trustee of person authorized to record the notice of default shall, within 10 days after the notice of default is recorded [,] and mailed pursuant to NRS 107.080, cause to be deposited in the United States mail an envelope, registered or certified , return receipt requested and with postage prepaid, containing a copy of the notice, addressed to:

      (a) Each person who has filed a request for a copy of the notice; and

      (b) Each other person with an interest whose interest or claimed interest is subordinate to the deed of trust.

      4.  The trustee or person authorized to make the sale shall, at least 20 days before the date of sale, cause to be deposited in the United States mail an envelope, registered or certified , return receipt requested and with postage prepaid, containing a copy of the notice of time and place of sale, addressed to each person described in subsection 3.

      5.  No request filed pursuant to the provisions of subsection 2 affects the title to real property.


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ê1989 Statutes of Nevada, Page 1773 (Chapter 750, SB 479)ê

 

      Sec. 14.  NRS 40.4591 is hereby repealed.

      Sec. 15.  Sections 5, 6 and 13 of this act become effective at 12:01 a.m. on October 1, 1989.

 

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CHAPTER 751, SB 448

Senate Bill No. 448–Committee on Natural Resources

CHAPTER 751

AN ACT relating to watercraft; authorizing a peace officer to seize a vessel to preserve evidence of crime; requiring operators of vessels to maintain a proper lookout; prohibiting the movement of buoys or other navigational aids; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 488 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a peace officer has probable cause to believe that a vessel or its contents contain evidence tending to show that a criminal offense has been committed or that a particular person has committed an offense, the officer may take whatever steps are reasonable to ensure the preservation of such evidence including safe storage of the vessel or its contents.

      2.  If a criminal conviction is obtained as a result of an action taken pursuant to subsection 1, the person convicted shall pay any storage fees incurred pursuant to that subsection. If a conviction is not obtained, the department of wildlife shall pay those fees.

      Sec. 2.  NRS 488.201 is hereby amended to read as follows:

      488.201  1.  The commission may establish and maintain for the operation of vessels on the waters of this state pilot rules in conformity with the pilot rules contained in the Federal Navigation Laws or the navigation rules promulgated by the United States Coast Guard.

      2.  A person shall operate a vessel in this state in conformance with the pilot rules adopted by the commission.

      3.  The operator of any vessel in this state shall maintain a proper lookout for other vessels, obstructions or hazards. An operator of a vessel who fails to maintain a proper lookout and causes injury to another person or property damage to another vessel is guilty of a misdemeanor.

      4.  A person shall not operate or give permission for the operation of a vessel which is not equipped as required by this section and NRS 488.185, 488,187, 488.193 and 488.198.

      Sec. 3.  NRS 488.285 is hereby amended to read as follows:

      488.285  1.  A person shall not moor any vessel to any buoy or [beacon] navigational aid placed in any waterway by authority of the United States or any other governmental authority, or in any manner hang on with a vessel to any such buoy or [beacon.] navigational aid.


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ê1989 Statutes of Nevada, Page 1774 (Chapter 751, SB 448)ê

 

      2.  A person shall not place, move, remove, destroy or tamper with any lawfully placed buoy or other navigational aid without written authorization from the department of wildlife.

      3.  Any person who violates this section shall be punished:

      (a) If no injury results from the violation, for a misdemeanor.

      (b) If bodily injury or property damage in excess of $200 results from the violation, for a gross misdemeanor.

      (c) If a human death results from the violation, 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.

      4.  Nothing in this section requires an agency of the United States Government to obtain written authorization to place, move, remove, destroy or tamper with lawfully placed buoys or navigational aids on navigable waters of this state.

      Sec. 4.  NRS 488.305 is hereby amended to read as follows:

      488.305  1.  The department of wildlife may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of this state. The commission shall adopt regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants.

      2.  Whenever a regatta, motorboat or other boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof shall, at least 30 days prior thereto, file an application with the department of wildlife for permission to hold the regatta, motorboat or other boat race, marine parade, tournament or exhibition. It may not be conducted without the written authorization of the department of wildlife.

      3.  The application must set forth the date, time and location where it is proposed to hold the regatta, motorboat or other boat race, marine parade, tournament or exhibition, [and it must not be conducted without the written authorization of the department of wildlife.] the type of vessels participating, the number and kind of navigational aids required and the name of a person who will be present at the event to ensure that the conditions of the permit are satisfied.

      4.  The provisions of this section do not exempt any person from compliance with applicable federal law or regulation . [, but nothing contained in this section requires the securing of a state permit pursuant to this section if a permit therefor has been obtained from an authorized agency of the United States.]

 

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ê1989 Statutes of Nevada, Page 1775ê

 

CHAPTER 752, SB 447

Senate Bill No. 447–Committee on Natural Resources

CHAPTER 752

AN ACT relating to the Las Vegas Valley water district; amending the boundaries of the district; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 23 of chapter 167, Statutes of Nevada 1947, as added by chapter 130, Statutes of Nevada 1949, and as last amended by chapter 129, Statutes of Nevada 1987, at page 297, is hereby amended to read as follows:

       Sec. 23.  1.  The Las Vegas Valley water district is hereby declared to be a validly created and legally existing district under the provisions of chapter 167, Statutes of Nevada 1947, as amended, a governmental subdivision of the State of Nevada, a body corporate and politic, and a quasi-municipal corporation. The district is hereby authorized to carry out all of the powers imposed on it by the provisions of chapter 167, Statutes of Nevada 1947, as it now exists or as it may hereafter be amended. The district is comprised of [the following area: Beginning at the NE corner of section 1, T. 15 S., R. 59 E.; thence running west to the NW corner of section 6, T. 15 S., R. 59 E.; thence running south to the NE corner of section 1, T. 16 S., R. 58 E.; thence running westerly to the NW corner of section 4, T. 16 S., R. 57 E.; thence running north to the NE corner of section 1, T. 15 S., R. 56 E.; thence running west to the NW corner of section 6, T. 15 S., R. 56 E.; thence running south to the NE corner of section 1, T. 16 S., R. 55 1/2 E.; thence running west to the west boundary line of Clark County; thence running south along the west boundary line of Clark County to the intersection of the state line of California and Nevada; thence running southeasterly along the state line of California and Nevada to the intersection line of the south section line of section 36, T. 27 S., R. 59 E. and the California state line; thence running east along the south township line of T. 27 S., to the intersection of the state line of Nevada and Arizona; thence north along the state line of Nevada and Arizona to the intersection of the north township line of T. 22 S. and the state line of Nevada and Arizona; thence running west to the NW corner of section 1, T. 22 S., R. 63 1/2 E.; thence running north to the NE corner of section 1, T. 21 S., R. 63 E.; thence running west to the SE corner of section 36, T. 20 S., R. 62 E.; thence running north to the NE corner of section 1, T. 20 S., R. 62 E.; thence running east to the SE corner of section 36, T. 19 S., R. 63 E,; thence running north to the NE corner of section 1, T. 19 S., R. 63 E.; thence running west to the SE corner of section 36, T. 18 S., R. 62 E.; thence running north to the NE corner of section 1, T. 18 S., R. 62 E.; thence running west to the SE corner of section 36, T. 17 S., R. 60 E,; thence running north to the NE corner of section 1, T. 17 S., R. 60 E,; thence running west to the SE corner of section 36, T. 16 S.,


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ê1989 Statutes of Nevada, Page 1776 (Chapter 752, SB 447)ê

 

S., R. 59 E.; thence running north to the NE corner of section 1, T. 15 S., R. 59 E., to the point of beginning.

       2.  The area described in subsection 1 includes all of T. 15 S., R. 56 E,; all of T. 15 S., R. 59 E.; that portion of T. 16 S., R. 54 E., within Clark County, Nevada; all of T. 16 S., R. 55 E.; all of T. 16 S., R. 55 1/2 E.; all of T. 16 S., R. 56 E.; all of T. 16 S., R. 57 E.; all of T. 16. S., R. 58 E.; all of T. 16 S., R. 59 E.; that portion of T. 17 S., R. 54 E., within Clark County, Nevada; all of T. 17 S., R. 55 E.; all of T. 17 S., R. 56 E.; all of T. 17 S., R. 57 E.; all of T. 17 S., R. 58 E.; all of T. 17 S., R. 59 E.; all of T. 17 S., R. 60 E.; that portion of T. 18 S., R. 54., within Clark County, Nevada; all of T. 18 S., R. 55 E.; all of T. 18 S., R. 56 E.; all of T. 18 S., R. 57 E.; all of T. 18 S., R. 58 E.; all of T. 18 S., R. 59 E.; all of T. 18 S., R. 60 E.; all of T. 18 S., R. 61 E.; all of T. 18 S., R. 62 E.; that portion of T. 19 S., R. 54 E., within Clark County, Nevada; all of T. 19 S., R. 55 E.; all of T. 19 S., R. 56 E.; all of T. 19 S., R. 57 E.; all of T. 19 S., R. 58 E.; all of T. 19 S., R. 59 E.; all of T. 19 S., R. 60 E.; all of T. 19 S., R. 61 E.; all of T. 19 S., R. 62 E.; all of T. 19 S., R. 63.; that portion of T. 20 S., R. 54 E., within Clark County, Nevada; all of T. 20 S., R. 55 E.; all of T. 20 S., R. 56 E.; all of T. 20 S., R. 57 E.; all of T. 20 S., R. 58 E.; all of T. 20 S., R. 59 E.; all of T. 20 S., R. 60 E.; all of T. 20 S., R. 61 E.; all of T. 20 S., R. 62 E.; that portion of T. 21 S., R. 54 E., within Clark County, Nevada; all of T. 21 S., R. 55 E.; all of T. 21 S., R. 56 E., all of T. 21 S., R. 57 E.; all of T. 21 S., R. 58 E.; all of T. 21 S., R. 59 E.; all of T. 21 S., R. 60 E.; all of T. 21 S., R. 61 E.; all of T. 21 S., R. 62 E.; all of T 21 S., R. 63 E.; that portion of T. 22 S., R. 54 E., within Clark County, Nevada; all of T. 22 S., R. 55 E.; all of T. 22 S., R. 56 E.; all of T. 22 S., R. 57 E.; all of T. 22 S., R. 58 E.; all of T. 22 S., R. 59 E.; all of T. 22 S., R. 60 E.; all of T. 22 S., R. 61 E.; all of T. 22 S., R. 62 E.; all of T. 22 S., R. 63 E.; all of T. 22 S., R. 63 1/2 E.; all of T. 22 S., R. 64 E.; that portion of T. 22 S., R. 65 E., within Clark County, Nevada; that portion of T. 23 S., R. 54 E., within Clark County, Nevada; that portion of T. 23 S., R. 55 E., within Clark County, Nevada; all of T. 23 S., R. 56 E.; all of T. 23 S., R. 57 E., all of T. 23 S., R. 58 E.; all of T. 23 S., R. 59 E.; all of T. 23 S., R. 60 E.; all of T. 23 S., R. 61 E.; all of T. 23 S., R. 62 E.; all of T. 23 S., R. 63 E.; all of T. 23 S., R. 63 1/2 E.; all of T. 23 S., R. 64 E.; that portion of T. 23 S., R. 65 E., within Clark County, Nevada; all of T. 23 1/2 S., R. 64 E.; that portion of T. 24 S., R. 55 E., within Clark County, Nevada; that portion of T. 24 S., R. 56 E., within Clark County, Nevada; all of T. 24 S., R. 57 E.; all of T. 24 S., R. 58 E.; all of T. 24 S., R. 59 E.; all of T. 24 S., R. 60 E.; all of T. 24 S., R. 61 E.; all of T. 24 S., R. 62 E.; all of T. 24 S., R. 63 E.; all of T. 24 S., R. 64 E.; that portion of T. 24 S., R. 65 E., within Clark County, Nevada; that portion of T. 24 S., R. 66 E., within Clark County, Nevada; that portion of T. 25 S., R. 56 E., within Clark County, Nevada; that portion of T. 25 S., R. 57 E., within Clark County, Nevada; all of T. 25 S., R. 58 E.; all of T. 25 S., R. 59 E.; all of T. 25 S., R. 60 E.; all of T. 25 S., R. 61 E.; all of T. 25 S., R. 62 E.; all of T.


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ê1989 Statutes of Nevada, Page 1777 (Chapter 752, SB 447)ê

 

T. 25 S., R. 63 E.; all of T. 25 S., R. 64 E.; that portion of T. 25 S., R. 65 E., within Clark County, Nevada; that portion of T. 26 S., R. 57 E., within Clark County, Nevada; that portion of T. 26 S., R. 58 E., within Clark County, Nevada; all of T. 26 S., R. 59 E.; all of T. 26 S., R. 60 E.; all of T. 26 S., R. 61 E.; all of T. 26 S., R. 62 E.; all of T. 26 S., R. 63 E.; all of T. 26 S., R. 64 E.; that portion of T. 26 S., R. 65 E., within Clark County, Nevada; that portion of T. 27 S., R. 58 E., within Clark County, Nevada; that portion of T. 27 S., R. 59 E., within Clark County, Nevada; all of T. 27 S., R. 60 E.; all of T. 27 S., R 61 E.; all of T. 27 S., R. 62 E.; all of T. 27 S., R. 63 E.; all of T. 27 S., R. 64 E.; all of T. 27 S., R. 65 E.; and that portion of T. 27 S., R. 66 E., within Clark County, Nevada.

       3.  All references to township and range in this section are to the Mount Diablo Base and Meridian.] the area of the county of Clark as set forth NRS 243.035.

 

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CHAPTER 753, SB 414

Senate Bill No. 414–Committee on Natural Resources

CHAPTER 753

AN ACT relating to wildlife; increasing civil penalties for unlawful killing or possession of wildlife; making various changes to laws regarding hunting licenses; authorizing board of wildlife commissioners to enter into reciprocal hunting agreements with adjoining states; revising criteria for requiring daily deposits of state money; excepting farming and grazing leases from leases of state land that require legislative approval; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 501.3855 is hereby amended to read as follows:

      501.3855  1.  In addition to the penalties provided for the violation of any of the provisions of this Title, every person who unlawfully kills or possesses the following wildlife is liable for a civil penalty in the amount stated:

      (a) Bighorn sheep , [and] mountain goat, black bear and elk, $1,000.

      (b) [Elk and mountain lion, $500

      (c) Deer, pronghorn antelope, bobcat, swan and eagle, $200.] Pronghorn antelope, $600

      (c) Mountain lion and deer, $500.

      (d) Bobcat, swan and eagle, $250.

      2.  For unlawful killing or possession of fish or wildlife not included in subsection 1, the court may order the defendant to pay a civil penalty of not less than $25 nor more than $1,000.

      3.  Every court, before whom a defendant is convicted of unlawfully killing or possessing any [of the wildlife listed in subsection 1,] wildlife, shall order the defendant to pay the civil penalty in the amount stated in [subsection 1] this section for each animal , [or] bird or fish unlawfully killed or possessed.


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ê1989 Statutes of Nevada, Page 1778 (Chapter 753, SB 414)ê

 

1] this section for each animal , [or] bird or fish unlawfully killed or possessed. The court shall fix the manner and time of payment.

      [3.] 4.  The department may attempt to collect all penalties and installments that are in default in any manner provided by law for the enforcement of a judgment.

      [4.] 5.  Each court that receives money under the provisions of this section shall forthwith remit the money to the department which shall deposit the money with the state treasurer for credit to the wildlife account in the state general fund.

      Sec. 2.  NRS 502.040 is hereby amended to read as follows:

      502.040  1.  The commission shall adopt regulations regarding the number of license agents to be designated in any locality, the standards to be met by license agents, the manner of remitting money to the department, and the manner of accounting for licenses, tags, stamps and permits received, issued, sold or returned. A license agent’s authority may be revoked or suspended by the department for his failure to abide by the regulations of the commission. The agent may appeal to the commission for reinstatement.

      2.  A license agent designated by the department is responsible for the correct issuance of all licenses, tags, stamps and permits entrusted to him, and, so far as he is able, for ensuring that no licenses are issued upon the false statement of an applicant. Before issuing any license, the license agent shall satisfy himself of the identity of the applicant and the place of his residence, and may require any applicant to present proof of his identity and residence.

      3.  [A] Except as otherwise provided in this subsection, a license agent shall furnish a bond to the department for the proper performance of his duties, executed by the license agent as principal, and by a corporation qualified under the laws of this state as surety, and payable to the State of Nevada in such an amount as is determined by the commission. In lieu of a bond, the license agent may deposit with the department a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the department. Premiums for the bonds must be paid by the license agent, except in remote areas where the agency is established for the convenience of the commission, in which case the premium must be paid from the wildlife account in the state general fund. A license agent may purchase inventory in advance of sales in lieu of furnishing a bond or may provide a cash bond in lieu of paying a premium for a bond.

      4.  A license agent is responsible to the department for the collection of the correct and required fee, for the safeguarding of the money collected by him, and for the prompt remission to the department for deposit in accordance with NRS 501.356 of all money collected. The department shall furnish to the license agent receipts for all money which he remits to the department. A license agent shall furnish a receipt to the department of all licenses, tags, stamps or permits which he receives from the department.

      5.  For each license, tag, stamp or permit he sells, a license agent is entitled to receive a service fee of:


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ê1989 Statutes of Nevada, Page 1779 (Chapter 753, SB 414)ê

 

      (a) [Twenty-five] Fifty cents for each license, tag or permit [;] , in addition to the fee for the license, tag or permit stated in NRS 502.240 or 502.250; and

      (b) Ten cents for each stamp or similar document issued which does not require completion by the agent.

      6.  Any person authorized to enforce this chapter may inspect, during the license agent’s normal business hours, any record or document of the agent relating to the issuance of any such license, tag or permit.

      7.  All money collected by a license agent, except service fees collected pursuant to subsection 5, is public money of the State of Nevada, and the state has a prior claim for the amount of money due it upon all assets of the agent over all creditors, assignees or other claimants. The use of this money for private or business transactions is a misuse of public funds and punishable under the laws provided.

      Sec. 3.  NRS 502.045 is hereby amended to read as follows:

      502.045  1.  The commission is authorized to enter into reciprocal hunting and fishing license agreements with corresponding state or county [officials] officers of adjoining states pertaining to licensing for hunting and fishing residents of the State of Nevada and adjoining states upon lands and waters forming the boundary between the State of Nevada and adjoining states. Such agreements may include, but are not limited to, provisions by which each state shall honor the license of the other only when the licensee carries with him a tag purchased from the other state or when there is affixed to [such] the license a stamp purchased from the other state, the charge for [such] the tag or stamp being set by mutual agreement of the states. Such agreements may further include, but are not limited to, provisions specifying the portions of boundary land or waters to which the agreements apply and providing penalties for violations of the regulations promulgated pursuant to the agreements. All regulations so made [shall] must be established and published in the same manner as other hunting and fishing regulations.

      2.  [It] As it pertains to fishing, it is the primary purpose of this section to provide a method whereby the fishing opportunities afforded by the Colorado River, Lake Mead, Lake Mohave, Lake Topaz and Lake Tahoe may be mutually enjoyed by the residents of Nevada and the residents of adjoining states, and it is not intended to cover the waters of rivers which transverse laterally the border of the State of Nevada.

      3.  Notwithstanding the provisions of NRS 503.290 or any other law, in order to effect conformity with the laws and regulations of an adjoining state which is party to such an agreement, the commission may, by regulation, authorize the use of hunting and fishing devices and equipment, otherwise prohibited by Nevada law, on lands and in waters forming the subject of such an agreement. All regulations so made [shall] must be established and published in the same manner as other hunting and fishing regulations.

      4.  This section [shall] must not be construed to abrogate, alter or annul any interstate agreement or pact concerning reciprocal fishing licenses which was executed [prior to] before March 4, 1955.

      Sec. 4.  NRS 502.240 is hereby amended to read as follows:

      502.240  The department shall issue annual licenses and limited permits:


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ê1989 Statutes of Nevada, Page 1780 (Chapter 753, SB 414)ê

 

      1.  To any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of $5 for an annual fishing or hunting license [.] or $9 for a combination hunting and fishing license.

      2.  To any citizen of the United States who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon payment of $5 for an annual trapping license.

      3.  Except as provided in NRS 502.245 [,] and 504.390, to any citizen of the United States who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of:

 

For a fishing license...............................................................................              $15.00

For a 10-day permit to fish....................................................................                10.00

For a 3-day permit to fish......................................................................                  6.00

For a hunting license.............................................................................                15.00

For a combined hunting and fishing license......................................                28.50

For a trapping license............................................................................                30.50

For a fur dealer’s license.......................................................................                50.00

For an annual master guide’s license..................................................              125.00

For an annual subguide’s license........................................................                60.00

 

      4.  To any alien or to any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of $8 for an annual fishing license , [(] except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which annual license must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $30 . [).]

      5.  Except as provided in subsection 4, to any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, upon the payment of:

 

For a fishing license , [(] except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which license must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $30 [)] .......                   $35

For a 10-day permit to fish....................................................................                     20

For a 3-day permit to fish......................................................................                     12

For a hunting license.............................................................................                     80

For an annual trapper’s license............................................................                   150

For a fur dealer’s license.......................................................................                   100

For an annual master guide’s license..................................................                   250

For an annual subguide’s license........................................................                   125

For a 10-day permit to hunt upland game and waterfowl.................                     40


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ê1989 Statutes of Nevada, Page 1781 (Chapter 753, SB 414)ê

 

      6.  To any person, without regard to residence, upon the payment of:

 

For a noncommercial wildlife culturing facility..................................                     $5

For a commercial or private shooting preserve.................................                   100

For a commercial wildlife culturing facility.........................................                   100

For a live bait dealer’s permit...............................................................                     35

For a competitive field trials permit.....................................................                     25

For a permit to train dogs or falcons...................................................                       5

For a falconry license............................................................................                     30

For an importation permit......................................................................                       5

For an import eligibility permit.............................................................                     25

For an exportation permit......................................................................                       5

For a permit to maintain a collection of live wild animals.................                     10

For any other special permit issued by the department, a fee not to exceed $100 set by the commission.

      Sec. 5.  NRS 502.350 is hereby amended to read as follows:

      502.350  1.  The commission may authorize an instructor to collect a fee of not more than $5 from each person obtaining instruction in the responsibilities of hunters.

      2.  The commission may authorize the imposition of an administrative fee of not more than $5 for the issuance of a duplicate certificate of successful completion of the course.

      Sec. 6.  NRS 504.390 is hereby amended to read as follows:

      504.390  1.  As used in this section, unless the context requires otherwise, “guide” means to assist another person in hunting wild animals or wild birds and fishing and includes the transporting of another person or his equipment to hunting and fishing locations within a general hunting and fishing area whether or not the guide determines the destination or course of travel.

      2.  Every person who provides guide service for compensation or provides guide service as an incidental service to customers of any commercial enterprise, whether a direct fee is charged for the guide service or not, shall obtain a master guide license from the department. Such a license may not be issued to any person who has not reached 21 years of age.

      3.  Each person who assists a person who is required to have a master guide license and acts as a guide in the course of that activity shall obtain a subguide license from the department. Such a license may not be issued to any person who has not reached 18 years of age.

      4.  Fees for master guide and subguide licenses must be as provided in NRS 502.240.

      5.  Any person who desires a master guide license must [make application] apply for the license on a form prescribed and furnished by the department. The application must contain such information as the commission may require by regulation. If that person was not licensed as a master guide during the previous licensing year, his application must be accompanied by a fee of $100, which is not refundable.

      6.  Any person who desires a subguide license must [make application] apply for the license on a form prescribed and furnished by the department.


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ê1989 Statutes of Nevada, Page 1782 (Chapter 753, SB 414)ê

 

      7.  If the holder of a master guide license operates with pack or riding animals, he shall also have a grazing or special use permit if he operates in any area where such a permit is required.

      8.  The holder of a master guide license shall maintain records of the number of hunters and fishermen served, and any other information which the department may require concerning fish and game taken by such persons. Such information must be furnished to the department on request.

      9.  If any licensee under this section, or person served by a licensee, is convicted of a violation of any provision of this Title, the department may immediately revoke the license of the licensee and may refuse issuance of another license to the licensee for a period of 2 years after the date of conviction.

      10.  The commission may adopt regulations covering the conduct and operation of a guide service.

      11.  The department may issue master guide and subguide licenses to be valid only in certain districts in such manner as may be determined by the regulations of the commission.

      Sec. 7.  NRS 322.007 is hereby amended to read as follows:

      322.007  Any lease of state land , except a lease for farming or grazing, whose term extends or is renewable beyond 1 year must be approved by the state board of examiners and the interim finance committee.

      Sec. 8.  NRS 353.250 is hereby amended to read as follows:

      353.250  1.  [Every] Except as otherwise provided in this subsection, every state officer, department or commission which receives or which may receive any money of the State of Nevada or for its use and benefit shall deposit with the state treasurer on Monday of each week, either at the state treasurer’s office or to the credit of the state treasurer’s bank account, all money received by such officer, department or commiss