[Rev. 3/19/2013 1:19:10 PM]

Link to Page 2200

 

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ê1993 Statutes of Nevada, Page 2201 (Chapter 523, SB 250)ê

 

insurance, which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185. The department may file that evidence, return it to the applicant or otherwise dispose of it.

      (g) If required, evidence of the applicant’s compliance with controls over emission.

      4.  The application must contain such other information as is required by the department, and must be accompanied by proof of ownership satisfactory to the department.

      5.  For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:

      (a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

      (b) Other fleets composed of 10 or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

      (c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his certificate of self-insurance.

      (d) A person who qualifies for an operator’s policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.

      [6.  At the time of applying for registration of a vehicle, an applicant may, if eligible, register to vote pursuant to NRS 293.524.]

      Sec. 78.  NRS 482.280 is hereby amended to read as follows:

      482.280  1.  The registration of every vehicle expires at midnight on the day specified on the receipt of registration, unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The department shall mail to each holder of a valid certificate of registration an application for renewal of registration for the following period of registration. The applications must be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations. An applicant may present the application to any agent or office of the department.

      2.  An application mailed or presented to the department or to a county assessor pursuant to the provisions of this section, or presented to an authorized station pursuant to the provisions of NRS 482.281 must include:


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ê1993 Statutes of Nevada, Page 2202 (Chapter 523, SB 250)ê

 

      (a) A signed declaration by the applicant that he has and will maintain, during the period of registration, security as required by NRS 485.185. Security may be provided by an operator’s policy of liability insurance if the applicant and the policy meet the requirements of NRS 485.186 and 485.3091.

      (b) If required, evidence of compliance with standards for control of emissions.

      3.  The department shall insert in each application mailed pursuant to subsection 1 the amount of privilege tax to be collected for the county [under] pursuant to the provisions of NRS 482.260.

      4.  An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the department as it may find necessary for the issuance of the new plate or plates or card of registration.

      [5.  At the time of applying for renewal of registration of a vehicle, an applicant may, if eligible, register to vote pursuant to NRS 293.524.]

      Sec. 78.4.  NRS 539.130 is hereby amended to read as follows:

      539.130  1.  The secretary [shall be] is ex officio district registrar of the district, and may, at least 4 weeks before any election, appoint a [deputy] field registrar in each election precinct. Each [deputy] field registrar shall register all electors within his precinct. Each [deputy] field registrar shall register all electors within his precinct applying for registration, and for this purpose he [shall have] has the authority to demand of the elector all information and to administer all oaths required by this chapter.

      2.  The registrar and [deputy registrars shall be] field registrars are governed in the performance of their duties by the general election laws of this state as far as they are applicable, and [shall] must be at their places of registration to receive applications for registration from 9 a.m. until 9 p.m. of each of three Wednesdays next preceding the date of election.

      Sec. 78.7.  NRS 539.140 is hereby amended to read as follows:

      539.140  1.  The registration oath may be taken before the registrar or [deputy] field registrars, any member of an election board, or any person authorized by law to administer oaths.

      2.  All oaths taken before the election board must be preserved by the election board and returned with the ballots.

      Sec. 79.  NRS 293.457 is hereby repealed.

      Sec. 80.  A minor political party that qualified to place the names of its candidates on the ballot for the general election of 1992 shall be deemed to have qualified pursuant to the provisions of subsection 2 of NRS 293.1715 for the general election of 1994.

      Sec. 81.  1.  This section and sections 1 to 70, inclusive, and 73 to 80, inclusive, of this act become effective on October 1, 1993.

      2.  Section 71 of this act becomes effective on January 1, 1995.

      3.  Section 72 of this act becomes effective on January 1, 1997.


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ê1993 Statutes of Nevada, Page 2203 (Chapter 523, SB 250)ê

 

      Sec. 82.  In preparing the reprint of the Nevada Revised Statutes, the legislative counsel shall change any reference to “deputy registrar” to refer to “field registrar” in any section which is not amended by this act or is further amended by another act.

 

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CHAPTER 524, SB 218

Senate Bill No. 218—Committee on Commerce and Labor

CHAPTER 524

AN ACT relating to school districts; authorizing agreements with certain postsecondary educational institutions to assign students of such institutions to certain training positions in the public schools; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 391.095 is hereby amended to read as follows:

      391.095  1.  A school district may enter into an agreement with a branch of the University and Community College System of Nevada or an accredited postsecondary educational institution which provides a program for the education of teachers and is licensed by the commission on postsecondary education, for the assignment of [its] students for training purposes as student teachers, counselors or trainees in a library, or for experience in a teaching laboratory. Students so assigned within the school district for training purposes may, under the direction and supervision of a licensed teacher, instruct and supervise pupils in the school, on the school grounds or on authorized field trips. The students so assigned are employees of the school district for purposes of NRS 41.038 and 41.039, while performing such authorized duties, whether or not the duties are performed entirely in the presence of the licensed teacher.

      2.  As used in this section:

      (a) “Accredited” has the meaning ascribed to it in NRS 394.006.

      (b) “Postsecondary educational institutional” has the meaning ascribed to it in NRS 394.099.

      Sec. 2.  A school district shall not enter into an agreement pursuant to NRS 391.095, as amended by this act, with any institution other than the University and Community College System of Nevada that continues beyond June 30, 1997.

      Sec. 3.  This act becomes effective at 12:01 a.m. on July 1, 1993, and expires by limitation on June 30, 1997.

 

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ê1993 Statutes of Nevada, Page 2204ê

 

CHAPTER 525, SB 154

Senate Bill No. 154—Senators Callister, O’Donnell and Titus

CHAPTER 525

AN ACT relating to real property; revising the provisions governing the notice of a hearing for a change in existing zoning or permitted use; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 278.260 is hereby amended to read as follows:

      278.260  1.  The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts are determined, established and enforced, and from time to time amended.

      2.  A zoning regulation, restriction or boundary must not become effective until after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:

      (a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; and

      (b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question,

at least 10 days before the hearing.

      3.  If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is [100,000 or more,] less than 400,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to:

      (a) The applicant;

      (b) Each owner, as listed on the county assessor’s records, of real property located within 300 feet of the portion of the boundary being changed;

      [(b)](c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph [(a); and

      (c)](b); and

      (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change.

      4.  If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to:

      (a) The applicant;

      (b) Each owner, as listed on the county assessor’s records, of real property located within 500 feet from the portion of the boundary being changed;


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ê1993 Statutes of Nevada, Page 2205 (Chapter 525, SB 154)ê

 

      (c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

      (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change.

      5.  The exterior of the notice mailed pursuant to subsection 4 must bear a statement printed in at least 10-point bold type in substantially the following form:

 

OFFICIAL NOTICE OF PUBLIC HEARING

 

      6.  In addition to mailing the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, no later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 10 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

      (a) The existing zoning designation of the property in question;

      (b) The proposed zoning designation of the property in question;

      (c) The date, time and place of the public hearing;

      (d) A telephone number which may be used by interested persons to obtain additional information; and

      (e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.

      7.  A sign required pursuant to subsection 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

      8.  A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

      9.  The governing body shall remove or cause to be removed any sign required by subsection 6 within 5 days after the hearing for which the sign was erected. There must be no additional charge to the applicant for such removal.

      Sec. 2.  NRS 278.315 is hereby amended to read as follows:

      278.315  1.  The governing body may provide by ordinance for the granting of variances, special use permits or other special exceptions by the board of adjustment or the planning commission. The governing body may impose this duty entirely on the board of adjustment or the planning commission, respectively, or provide for the granting of enumerated categories of variances, special use permits or special exceptions by the board or commission.


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ê1993 Statutes of Nevada, Page 2206 (Chapter 525, SB 154)ê

 

      2.  A hearing to consider an application for the granting of a variance, special use permit or special exception must be held before the board or commission within 65 days after the filing of the application. A notice setting forth the time, place and purpose of the hearing must be sent by mail at least 10 days before the hearing to:

      (a) The applicant;

      (b) Each owner of real property located within 300 feet of the property in question;

      (c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and

      (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

      3.  If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the property in question.

The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

      4.  An ordinance adopted pursuant to this section must provide an opportunity for the applicant or a protestant to appeal from a decision of the board or commission to the governing body.

      5.  In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, in addition to mailing the notice required pursuant to subsection 3, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 10 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

      (a) The existing permitted use and zoning designation of the property in question;

      (b) The proposed permitted use of the property in question;

      (c) The date, time and place of the public hearing; and

      (d) A telephone number which may be used by interested persons to obtain additional information.

      6.  A sign required pursuant to subsection 5 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

      7.  A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection 5, if any.


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ê1993 Statutes of Nevada, Page 2207 (Chapter 525, SB 154)ê

 

more than one sign required by subsection 5, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

      8.  The governing body shall remove or cause to be removed any sign required by subsection 5 within 5 days after the hearing for which the sign was erected. There must be no additional charge to the applicant for such removal.

 

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CHAPTER 526, SB 107

Senate Bill No. 107—Committee on Transportation

CHAPTER 526

AN ACT making an appropriation to the legislative fund for computer equipment and software for data processing for the legislative counsel bureau; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

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 legislative fund created pursuant to NRS 218.085 the sum of $132,700 for computer equipment and software for data processing for the legislative counsel bureau.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1995, and reverts to the general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective on June 30, 1993.

 

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CHAPTER 527, SB 66

Senate Bill No. 66—Committee on Human Resources and Facilities

CHAPTER 527

AN ACT relating to county school districts; changing the date by which the superintendent of public instruction must submit a certificate to certain county clerks stating the number and offices of trustees of the county school district to be filled at the next general election; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 386.150 is hereby amended to read as follows:

      386.150  1.  On or before June 1 in any year in which a general election is held, the superintendent of public instruction shall file with each clerk of a county whose boundaries are conterminous with a county school district a certificate stating [:

 


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ê1993 Statutes of Nevada, Page 2208 (Chapter 527, SB 66)ê

 

county whose boundaries are conterminous with a county school district a certificate stating [:

      1.  The] the total number of pupils enrolled during that school year in the county school district.

      2.  [The] On or before January 1 in any year in which a general election is held, the superintendent of public instruction shall file with each clerk of a county whose boundaries are conterminous with a county school district a certificate stating the number and offices of trustees of the county school district to be filled at the next general election.

 

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CHAPTER 528, SB 23

Senate Bill No. 23—Senators Raggio, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Nevin, O’Donnell, Rawson, Rhoads, Smith and Townsend

CHAPTER 528

AN ACT relating to state financial administration; requiring the governor to impanel an economic forum to forecast future state revenue to assist in providing a balanced state budget; creating a technical advisory committee to assist the economic forum; requiring the forecast of future state revenue produced by the economic forum to be used in the preparation of all budgets submitted to the legislature; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The legislature hereby finds and declares that:

      1.  Section 2 of article 9 of the constitution of the State of Nevada requires the legislature to provide a balanced budget for the state;

      2.  As the population, resources and demand for services in this state have grown and become more complex, it has become increasingly difficult to produce the accurate estimates of future state revenues necessary to ensure a balanced budget;

      3.  The process of developing accurate estimates of future state revenues will be enhanced by obtaining input not only from experts in the public sector but also from experts in the private sector with demonstrated abilities in the fields of economics and taxation; and

      4.  The most effective means of producing an accurate estimate of future state revenues is to impanel an economic forum of experts from the private sector to make projections of economic indicators and, with the help of a technical advisory committee composed of experts from the public sector, to apply those projections to forecast future state revenues.

      Sec. 2.  Chapter 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.

      Sec. 3.  1.  On or before February 1 of each even-numbered year, the governor shall impanel an economic forum.


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ê1993 Statutes of Nevada, Page 2209 (Chapter 528, SB 23)ê

 

      2.  The governor shall appoint three members of his own selection and one member nominated by the majority floor leader of the senate and one member nominated by the speaker of the assembly to serve on the economic forum for a term of 2 years.

      3.  On or before January 15 of each even-numbered year, and within 30 days after the position of his nominee on the economic forum becomes vacant, each nominating authority set forth in subsection 2 shall submit to the governor the name of his nominee to the economic forum.

      4.  If a nominating authority fails to submit a timely nomination of a person who is qualified pursuant to subsections 6 and 7 to the governor pursuant to subsection 3, the governor may appoint any qualified person to the position.

      5.  Each member appointed pursuant to subsection 2 or 4 may be removed by the governor for good cause.

      6.  Each member must be an expert with demonstrated ability in the field of economics, taxation or other discipline necessary to economic forecasting and be able to bring knowledge and professional judgment to the deliberations of the economic forum.

      7.  No officer or employee of the state government, including publicly supported institutions of higher education, may be a member of the economic forum.

      8.  Except as otherwise provided in subsection 4, a person appointed to fill a vacancy must be nominated and appointed in the same manner as his predecessor in office.

      Sec. 4.  1.  The economic forum impaneled pursuant to section 3 of this act shall:

      (a) Elect a chairman and vice chairman from among its members at its first meeting;

      (b) Adopt such rules governing the conduct of the economic forum as it deems necessary; and

      (c) Hold such number of meetings as may be necessary to accomplish the tasks assigned to it in the time allotted.

      2.  The director of the legislative counsel bureau and the budget division of the department of administration shall jointly provide the economic forum with:

      (a) Meeting rooms;

      (b) Staff;

      (c) Data processing services; and

      (d) Clerical assistance.

      3.  A majority of the members constitutes a quorum and a majority of those present must concur in any decision.

      4.  The members of the economic forum serve without compensation, except that while engaged in the business of the economic forum, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 5.  1.  The economic forum impaneled pursuant to section 3 of this act shall:

      (a) Make such projections for economic indicators as it deems necessary to ensure that an accurate estimate is produced pursuant to paragraph (b);


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ê1993 Statutes of Nevada, Page 2210 (Chapter 528, SB 23)ê

 

      (b) Provide an accurate estimate of the revenue that will be collected by the state for general, unrestricted uses, and not for special purposes, during the biennium that begins on the second July 1 following the date on which the economic forum was empaneled;

      (c) Request such technical assistance as the economic forum deems necessary from the technical advisory committee created by section 6 of this act;

      (d) On or before December 1 of the year in which the economic forum was empaneled, prepare a written report of its projections of economic indicators and estimate of future state revenue required by paragraphs (a) and (b) and present the report to the governor and the legislature; and

      (e) On or before May 1 of the year following the year in which the economic forum was empaneled, prepare a written report confirming or revising the projections of economic indicators and estimate of future state revenue contained in the report prepared pursuant to paragraph (d) and present the report to the governor and the legislature.

      2.  The economic forum may make preliminary projections of economic indicators and estimates of future state revenue at any time. Any such projections and estimates must be made available to the various agencies of the state through the chief.

      3.  The economic forum may request information directly from any state agency. A state agency that receives a reasonable request for information from the economic forum shall comply with the request as soon as is reasonably practicable after receiving the request.

      4.  To carry out its duties pursuant to this section, the economic forum may consider any information received from the technical advisory committee and any other information received from independent sources.

      5.  Copies of the projections and estimates made pursuant to this section must be made available to the public by the director of the legislative counsel bureau for the cost of reproducing the material.

      Sec. 6.  1.  The technical advisory committee on future state revenues, consisting of seven members, is hereby created.

      2.  The members of the committee are the persons serving in the following positions or their designees:

      (a) The senate fiscal analyst;

      (b) The assembly fiscal analyst;

      (c) The chief of the budget division of the department of administration;

      (d) The head of the research division of the employment security department or, if that position ceases to exist, the position deemed by the executive director of the employment security department to be the equivalent of that position;

      (e) The vice chancellor for finance of the University and Community College System of Nevada or a person designated by the vice chancellor;

      (f) The demographer employed pursuant to NRS 360.283; and

      (g) The chairman of the local governmental advisory committee.

      3.  The committee shall:

      (a) At its first meeting and annually thereafter elect a chairman and vice chairman from among its members;

      (b) Adopt such rules governing the conduct of the committee as it deems necessary;


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ê1993 Statutes of Nevada, Page 2211 (Chapter 528, SB 23)ê

 

      (c) Hold such number of meetings as may be necessary to carry out the requests made by the economic forum pursuant to section 5 of this act in the most timely manner practicable; and

      (d) Provide all assistance requested by the economic forum pursuant to section 4 of this act.

      4.  A majority of the committee constitutes a quorum and a majority of those members present must concur in any decision.

      5.  Each member of the committee who is not an officer or employee of the state shall serve without compensation, except that while he is engaged in the business of the committee he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  Each member of the committee who is an officer or employee of the state must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the committee and perform any work necessary to accomplish the tasks assigned to the committee in the most timely manner practicable. A state agency shall not require an officer or employee who is a member of the committee to make up the time he is absent from work to fulfill his obligations as a member, nor shall it require the member to take annual vacation or compensatory time for the absence. Such a member shall serve on the committee without additional compensation, except that while he is engaged in the business of the committee he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, which must be paid by the state agency which employs him.

      7.  The committee may request information from any state agency. A state agency that receives a reasonable request for information from the committee shall comply with the request as soon as is reasonably practicable after receiving the request.

      8.  The director of the legislative counsel bureau and the budget division of the department of administration shall jointly provide the committee with:

      (a) Meeting rooms;

      (b) Staff;

      (c) Data processing services; and

      (d) Clerical assistance.

      Sec. 7.  NRS 353.160 is hereby amended to read as follows:

      353.160  The budget division of the department of administration shall administer the provisions of NRS 353.150 to 353.246, inclusive, except sections 3 to 6, inclusive, of this act, subject to administrative supervision by the director of the department of administration.

      Sec. 8.  NRS 353.230 is hereby amended to read as follows:

      353.230  1.  The chief shall review the estimates, altering, revising, increasing or decreasing the items of the estimates as he may deem necessary in view of the needs of the various departments, institutions and agencies in the executive department of the state government and the total anticipated income of the state government and of the various departments, institutions and agencies thereof during the next fiscal year. In performing the duties required by this subsection, the chief shall use the projections and estimates prepared by the economic forum pursuant to section 5 of this act.


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ê1993 Statutes of Nevada, Page 2212 (Chapter 528, SB 23)ê

 

      2.  A fiscal analyst of the legislative counsel bureau or his designated representative shall meet with the chief and participate in the budget review and shall have full access to all materials connected with the review.

      3.  The chief shall then prepare a budget, in accordance with NRS 353.150 to 353.246, inclusive, and shall deliver it to the governor. All revenue projections and any other information concerning future state revenue contained in the budget must be based upon the projections and estimates prepared by the economic forum pursuant to section 5 of this act. The governor shall transmit [such] the budget to the legislature not later than the 10th day of the regular legislative session. The governor shall simultaneously submit, as a separate document:

      (a) An analysis of any new programs or enhancements of existing programs being recommended; and

      (b) Any increase in or new revenues which are being recommended in the budget.

The document must specify the total cost by department or agency of new programs or enhancements, but need not itemize the specific costs. All revenue projections and any other information concerning future state revenue contained in the document must be based upon the projections and estimates prepared by the economic forum pursuant to section 5 of this act.

      4.  During the consideration of the general appropriation bill, the special appropriation bills and the bills authorizing budgeted expenditures by the departments, institutions and agencies operating on money designated for specific purposes by the constitution or otherwise, submitted by the governor with the budget, the governor or his representative have the right to appear before and be heard by the appropriation committees of the legislature in connection with the appropriation bill or bills, and to render any testimony, explanation or assistance required of him.

      Sec. 9.  NRS 353.246 is hereby amended to read as follows:

      353.246  1.  Except as otherwise provided in subsection 2 of this section and subsection 3 of NRS 353.210, the provisions of NRS 353.150 to 353.245, inclusive, and sections 3 to 6, inclusive, of this act, do not apply to agencies, bureaus, commissions and officers of the legislative department, the public employees’ retirement system, the state industrial insurance system and the judicial department of the state government.

      2.  The legislative department, the public employees’ retirement system, the state industrial insurance system and the judicial department of the state government shall submit their budgets to the legislature in the same format as the executive budget unless otherwise provided by the legislative commission. All revenue projections and any other information concerning future state revenue contained in those budgets must be based upon the projections and estimates prepared by the economic forum pursuant to section 5 of this act.

 

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ê1993 Statutes of Nevada, Page 2213ê

 

CHAPTER 529, SB 536

Senate Bill No. 536—Senator Shaffer (by request)

CHAPTER 529

AN ACT relating to counties; requiring certain licenses to engage in business to be granted upon the relocation of a business whose former site was acquired by a county; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a board of county commissioners has required by ordinance that a certain distance be maintained between similar businesses, and the board or any other officer or body so authorized grants a variance for the location of any particular business that is relocated because of the county’s acquisition of the former site of that particular business, any other similar business being conducted at the time of the relocation which is affected by the exercise of the variance must be granted a license to engage in business that is equivalent to the license granted to the relocated business.

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

 

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CHAPTER 530, AB 730

Assembly Bill No. 730—Committee on Ways and Means

CHAPTER 530

AN ACT relating to vehicle registration; transferring the account for verification of insurance from the state general fund to the state highway fund; limiting the balance in the account; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

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 a new section to read as follows:

      On June 30 of each year the state controller shall transfer from the account for verification of insurance created pursuant to NRS 482.480 to the state highway fund any amount in the account which exceeds $1,000,000.

      Sec. 2.  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 $33.


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ê1993 Statutes of Nevada, Page 2214 (Chapter 530, AB 730)ê

 

      2.  For every motorcycle, a fee for registration of $33 and an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.

      3.  For each transfer of registration a fee of $6 in addition to any other fees.

      4.  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 account for verification of insurance which is hereby created in the state [general fund and] highway fund. Money in the account must be used only for the purposes specified in NRS 485.383.

      5.  For every travel trailer, a fee for registration of $27.

      6.  For every permit for the operation of a golf cart, an annual fee of $10.

      Sec. 3.  Section 1 of Senate Bill No. 193 of this session is hereby amended to read 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 $33.

       2.  For every motorcycle, a fee for registration of $33 and an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.

       3.  For each transfer of registration a fee of $6 in addition to any other fees.

       4.  [To] Except as otherwise provided in NRS 485.383, to reinstate the registration of a motor vehicle suspended pursuant to [NRS 485.383] that section, a fee of $100, which must be accounted for in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used only for the purposes specified in NRS 485.383.

       5.  For every travel trailer, a fee for registration of $27.

       6.  For every permit for the operation of a golf cart, an annual fee of $10.

      Sec. 4.  On July 1, 1993, the state controller shall transfer the balance of the account for verification of insurance in the state general fund, which is abolished pursuant to the amendatory provisions of section 2 of this act, to the account for verification of insurance in the state highway fund, which is created pursuant to the amendatory provisions of that section.

      Sec. 5.  This act becomes effective on July 1, 1993.

 

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ê1993 Statutes of Nevada, Page 2215ê

 

CHAPTER 531, AB 726

Assembly Bill No. 726—Committee on Transportation

CHAPTER 531

AN ACT relating to motor carriers; requiring certain motor carriers to designate a person to ensure compliance with various federal laws relating to persons with disabilities; requiring those motor carriers to provide training to their employees concerning the treatment of persons with disabilities; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.361 is hereby amended to read as follows:

      706.361  1.  [All physically or mentally handicapped persons are] A person with a disability is entitled to the full and equal enjoyment of the facilities of any common motor carrier of passengers , contract motor carrier of passengers or other entity providing a means of public conveyance and transportation operating within this state.

      2.  A common motor carrier of passengers, a contract motor carrier of passengers and other entities providing means of public conveyance and transportation shall designate a person responsible for ensuring that the carrier complies with the applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 to 12213, inclusive, and 47 U.S.C. §§ 225 and 611, and the regulations adopted pursuant to that act.

      3.  The person designated pursuant to subsection 2 shall conduct training sessions for the employees of the carrier or entity. Each employee must be provided at least 3 hours of training during one or more training sessions. During the training sessions, the designee shall:

      (a) Describe the carrier’s plan for compliance with the Americans with Disabilities Act of 1990 and the regulations adopted pursuant to that act;

      (b) Explain the obligations of the employees to assist a person with a disability to store a mobility device;

      (c) Explain the illegality of charging an additional fee or a higher fare to a person with a disability; and

      (d) Ensure that each employee is trained in accordance with the requirements of 49 C.F.R. § 37.173.

      4.  It is unlawful for any person to deny any of the privileges granted by subsection 1.

      [3.]5.  It is unlawful for any common motor carrier , contract motor carrier or other entity providing a means of public conveyance or transportation operating within this state, to [deny] :

      (a) Deny the equal enjoyment of its services and facilities to a [physically handicapped] person with a disability by the arbitrary, capricious or unreasonable interference, direct or indirect, with the use of aids and appliances used by [such physically handicapped person for purposes of mobility.] a person with a disability;

      (b) Fail to designate a person pursuant to subsection 2; or


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ê1993 Statutes of Nevada, Page 2216 (Chapter 531, AB 726)ê

 

      (c) Fail to conduct the training sessions in the manner described in subsection 3.

      6.  As used in this section, “disability” has the meaning ascribed to it in 49 C.F.R. § 37.3.

 

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CHAPTER 532, AB 697

Assembly Bill No. 697—Committee on Taxation

CHAPTER 532

AN ACT relating to state financial administration; requiring the department of taxation to impose fees for the assessment, collection and distribution of certain property taxes by the department; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The department shall annually assess a fee upon each owner of centrally assessed property in an amount equal to the cost incurred by the department in administering the provisions of NRS 361.315 to 361.323, inclusive, with respect to that owner. Each owner of centrally assessed property shall pay the fee assessed pursuant to this subsection to the department within 30 days after receipt of the assessment.

      2.  The department shall annually assess a fee upon each county that receives a remittance from the department pursuant to NRS 361.3205 in an amount equal to the cost incurred by the department in administering the provisions of NRS 361.315 to 361.323, inclusive, with respect to that county. Each county shall pay the fee assessed pursuant to this subsection to the department within 30 days after receipt of the assessment.

      3.  The department shall deposit the fees collected pursuant to this section with the state treasurer for credit to the account for the administration of the taxes on centrally assessed property.

      Sec. 2.  Chapter 362 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The department shall annually assess a fee upon each county that receives an appropriation pursuant to NRS 362.170 in an amount equal to the cost incurred by the department in administering the provisions of NRS 362.100 to 362.240, inclusive, with respect to that county.

      2.  Each county shall pay the fee assessed pursuant to subsection 1 to the department within 30 days after receipt of the assessment.


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ê1993 Statutes of Nevada, Page 2217 (Chapter 532, AB 697)ê

 

      3.  The department shall deposit the fees collected pursuant to this section with the state treasurer for credit to the account for the administration of the tax on the net proceeds of minerals.

      Sec. 3.  This act becomes effective on July 1, 1993, and expires by limitation on July 1, 1995.

 

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CHAPTER 533, AB 691

Assembly Bill No. 691—Committee on Health and Human Services

CHAPTER 533

AN ACT relating to podiatry; revising the designation of podiatric physicians; authorizing the use of certain titles by such physicians; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 629.031 is hereby amended to read as follows:

      629.031  “Provider of health care” means a physician licensed under chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, [podiatrist,] podiatric physician, licensed psychologist, licensed marriage and family therapist, chiropractor, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist or a licensed hospital as the employer of any such person.

      Sec. 2.  NRS 630.275 is hereby amended to read as follows:

      630.275  The board shall adopt regulations regarding the certification of a physician’s assistant, including , but not limited to:

      1.  The educational and other qualifications of applicants.

      2.  The required academic program for applicants.

      3.  The procedures for applications for and the issuance of certificates.

      4.  The tests or examinations of applicants by the board.

      5.  The medical services which a physician’s assistant may perform, except that he may not perform those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, [podiatrists] podiatric physicians and optometrists under chapters 631, 634, 635 and 636, respectively, of NRS, or as hearing aid specialists.

      6.  The duration, renewal and termination of certificates.

      7.  The grounds and procedures respecting disciplinary actions against physicians’ assistants.

      8.  The supervision of medical services of a physician’s assistant by a supervising physician.

      Sec. 3.  NRS 632.014 is hereby amended to read as follows:

      632.014  “Certified registered nurse anesthetist” means a registered nurse who:


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ê1993 Statutes of Nevada, Page 2218 (Chapter 533, AB 691)ê

 

      1.  Has completed a nationally accredited program in the science of anesthesia; and

      2.  Is certified by the board to administer anesthetic agents to a person under the care of a licensed physician, a licensed dentist or a licensed [podiatrist.] podiatric physician.

      Sec. 4.  NRS 632.017 is hereby amended to read as follows:

      632.017  “Practice of practical nursing” means the performance for compensation of selected acts in the care of the ill, injured or infirm under the direction of a registered professional nurse, an advanced practitioner of nursing, a licensed physician, a licensed dentist or a licensed [podiatrist,] podiatric physician, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.

      Sec. 5.  NRS 632.018 is hereby amended to read as follows:

      632.018  “Practice of professional nursing” means the performance for compensation of any act in the observation, care and counsel of the ill, injured or infirm, in the maintenance of health or prevention of illness of others, in the supervision and teaching of other personnel, in the administration of medications and treatments as prescribed by an advanced practitioner of nursing, a licensed physician, a licensed dentist or a licensed [podiatrist,] podiatric physician, requiring substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social science, but does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.

      Sec. 6.  NRS 632.235 is hereby amended to read as follows:

      632.235  A registered nurse may perform such acts, under emergency or other special conditions prescribed by regulations adopted by the board, which include special training, as are recognized by the medical and nursing professions as proper to be performed by a registered nurse under those conditions, even though the acts might otherwise be considered diagnosis and prescription, but nothing in this chapter authorizes registered nurses to perform those functions and duties specifically delegated by law to persons licensed as dentists, [podiatrists,] podiatric physicians, optometrists or chiropractors.

      Sec. 7.  NRS 632.2862 is hereby amended to read as follows:

      632.2862  1.  The following persons shall report to the board any conduct by a nursing assistant which constitutes grounds for the denial, suspension or revocation of a certificate:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, [podiatrist,] podiatric physicians, medical examiner, resident, intern, professional or practical nurse, physician’s assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state.

      (b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.

      (c) A coroner.


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ê1993 Statutes of Nevada, Page 2219 (Chapter 533, AB 691)ê

 

      (d) Every clergyman, unless he acquired the knowledge of the conduct from the offender during a confession.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Every attorney, unless he has acquired the knowledge of the conduct from a client who has been or may be accused of the conduct.

      (g) Any employee of the welfare or aging services division of the department of human resources.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Every social worker.

      2.  Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.

      3.  A report may be filed by any other person.

      Sec. 8.  Chapter 635 of NRS is hereby amended by adding thereto a new section to read as follows:

      A person who is licensed to practice podiatry pursuant to this chapter may use any title which describes the profession, including, without limitation, “D.P.M.,” “Podiatrist,” “Podiatric Physician,” “Podiatric Physician-Surgeon” or “Physician-Surgeon D.P.M.”

      Sec. 9.  NRS 635.010 is hereby amended to read as follows:

      635.010  As used in this chapter, unless the context otherwise requires:

      1.  “Board” means the state board of podiatry.

      2.  “Podiatry” is the diagnosis, prevention and treatment of ailments of the human foot and leg.

      3.  “Podiatry hygienist” means a person engaged in assisting a [podiatrist.] podiatric physician.

      Sec. 10.  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 [podiatrist] podiatric physicians 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 $80 per day, as fixed by the board, while engaged in the business of the board; and


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ê1993 Statutes of Nevada, Page 2220 (Chapter 533, AB 691)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.

      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.

      Sec. 11.  NRS 635.050 is hereby amended to read as follows:

      635.050  1.  Any person desiring to practice podiatry in this state must furnish the board with satisfactory proof that he:

      (a) Is of good moral character.

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (c) Has received the degree of D.P.M. (Doctor of Podiatric Medicine) from an accredited school of podiatry.

      (d) Has completed a residency or an internship which consisted of at least 1 year of practical experience under the direction of a licensed [podiatrist.] podiatric physician.

      (e) Has passed the examination given by the National Board of Podiatry Examiners.

      2.  Upon payment of a fee, not exceeding $600, which must be established by regulation of the board, and the presentation of satisfactory proof as required by subsection 1, the applicant is entitled to be examined by the board or a committee thereof under such regulations as the board may adopt.

      3.  The board may reject an application if it appears that the applicant’s credentials are fraudulent or he has practiced podiatry without a license to do so.

      4.  The board may require such further documentation or proof of qualification as it may deem proper.

      Sec. 12.  NRS 635.060 is hereby amended to read as follows:

      635.060  1.  The board shall hold at least one examination each year to examine applicants under this chapter. The board shall establish the time and place for the examination.

      2.  The board shall provide such books, blanks and forms as may be necessary to conduct the examination.

      3.  The examination for licensure under this chapter must be in the English language, written, oral or clinical, as the board may determine. The examination for [podiatrists] podiatric physicians may include the following subjects: Anesthesia and medications, bacteriology, clinical podiatry, dermatology, diagnosis and treatment, laboratory, neurology, orthopedics, pathology, pharmacology, including pharmacodynamics and materia medica, sterilization and sterile technique, surgery, surgical anatomy, X-ray, and such other subjects pertaining to the treatment of the foot and leg as the board may determine.

      4.  The board shall establish by regulation the requirements for passing the examination.


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ê1993 Statutes of Nevada, Page 2221 (Chapter 533, AB 691)ê

 

      Sec. 13.  NRS 635.082 is hereby amended to read as follows:

      635.082  1.  A graduate of an accredited school of podiatry may, during his residency, internship or preceptorship, be granted a temporary license to practice podiatry under the direct supervision of a licensed [podiatrist.] podiatric physician. A temporary license must not be effective for more than 1 year and is not renewable.

      2.  An applicant for a temporary license must furnish the board with satisfactory proof that he:

      (a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (b) Has received the degree of D.P.M. (Doctor of Podiatric Medicine) from an accredited school of podiatry.

      (c) Has passed the examination given by the National Board of Podiatry Examiners.

      3.  Upon payment of a fee, not exceeding $600, which must be established by regulation of the board, and the presentation of satisfactory proof as required by subsection 2, an applicant is entitled to be examined by the board or a committee thereof under such regulations as the board may adopt.

      4.  The board may by regulation govern the issuance and conditions of the temporary license.

      Sec. 14.  NRS 635.085 is hereby amended to read as follows:

      635.085  1.  Except as otherwise provided in subsection 2, a [podiatrist] podiatric physician licensed by the board may:

      (a) Administer electricity to the foot or leg by means including electrodes, machinery and rays.

      (b) Use his hands and machinery to work upon the foot or leg and its articulations.

      (c) Apply any mechanical appliance to the foot or leg or in the shoe to treat any disease, deformity or ailment.

      (d) Apply pads, adhesives, felt, plasters and any medicine to the foot and leg.

      (e) Prescribe and dispense controlled substances and dangerous drugs.

      (f) Construct models of the feet.

      (g) Administer a local anesthetic.

      (h) Use any cutting instrument to treat a disease, ailment or condition.

      (i) Treat the effects of a systemic disease upon the foot or leg.

      2.  A [podiatrist] podiatric physician shall not:

      (a) Treat any other effect of a systemic disease unless the disease originates in the foot or leg.

      (b) Amputate a leg, foot or toe.

      Sec. 15.  NRS 635.093 is hereby amended to read as follows:

      635.093  1.  Any person desiring to be licensed as a podiatry hygienist in this state must furnish the board with satisfactory proof that he:

      (a) Is of good moral character.

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (c) Has satisfactorily completed a course for podiatry hygienists approved by the board or has had 6 months or more of training in a [podiatrist’s] podiatric physician’s office as approved by the board.


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ê1993 Statutes of Nevada, Page 2222 (Chapter 533, AB 691)ê

 

      2.  Upon payment of a fee, not exceeding $100, which must be established by regulation of the board, and presenting satisfactory proof as required by subsection 1, an applicant, not exempted under subsection 3, must be examined by the board or a committee thereof under such regulations as the board may adopt.

      3.  The board may, without examination, admit to practice as a podiatry hygienist a person who is employed by a [podiatrist] podiatric physician and is:

      (a) A registered nurse; or

      (b) A licensed practical nurse whom the board or any of its members have interviewed and observed in the use of practical skills.

      Sec. 16.  NRS 635.097 is hereby amended to read as follows:

      635.097  The holder of a valid and active license to practice as a podiatry hygienist may be employed as a podiatry hygienist in this state only in the office of a licensed [podiatrist.] podiatric physician.

      Sec. 17.  NRS 635.098 is hereby amended to read as follows:

      635.098  1.  Any podiatry hygienist in the employ and under the direction of a [podiatrist] podiatric physician may:

      (a) Apply orthopedic padding.

      (b) Administer to patients by means of physiotherapeutic equipment.

      (c) Make up surgical packs.

      (d) Strap and cast for orthopedic appliances.

      (e) Take and develop X-rays.

      (f) Assist in foot surgery.

      (g) Administer oral medications.

      2.  The board may require that every podiatry hygienist have a general knowledge of sterile techniques, aseptic maintenance of surgery rooms, emergency treatments, podiatric nomenclature and podiatric surgical procedure.

      Sec. 18.  NRS 635.110 is hereby amended to read as follows:

      635.110  1.  A license issued under the provisions of this chapter expires on October 31 of each year. A license may be renewed before its expiration upon presentation of proof of:

      (a) Completion of the hours of continuing education required pursuant to NRS 635.115;

      (b) Current certification in the techniques of administering cardiopulmonary resuscitation; and

      (c) Payment of a renewal fee in an amount not to exceed $600 for a [podiatrist] podiatric physician and not to exceed $100 for a podiatry hygienist. The board shall by regulation establish the amount of each fee.

      2.  A license which is not renewed by October 31 of each year is delinquent. A delinquent license may be reinstated, at the discretion of the board, upon payment of the appropriate annual renewal fee and an additional annual fee for delinquency in an amount established by the board.

      Sec. 19.  NRS 635.115 is hereby amended to read as follows:

      635.115  1.  Every even-numbered year each [podiatrist] podiatric physician must, at the time of paying the annual renewal fee, present to the secretary of the board satisfactory evidence that during the preceding 2 years he attended at least 50 hours of instruction in courses approved by the board for purposes of continuing professional education and is currently certified in the techniques of administering cardiopulmonary resuscitation.


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ê1993 Statutes of Nevada, Page 2223 (Chapter 533, AB 691)ê

 

for purposes of continuing professional education and is currently certified in the techniques of administering cardiopulmonary resuscitation. The board may waive all or part of the requirement of continuing education in a particular year if the [podiatrist] podiatric physician was prevented from that attendance by circumstances beyond his control.

      2.  If a [podiatrist] podiatric physician fails to provide proof of his continuing education and does not obtain a waiver from the board, his license must not be renewed.

      Sec. 20.  NRS 635.130 is hereby amended to read as follows:

      635.130  1.  The board, after notice and hearing, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:

      (a) Refuse to renew a license.

      (b) Suspend or revoke a license.

      (c) Place a licensee on probation.

      (d) Impose a fine not to exceed $5,000.

      (e) Require the licensee to pay all costs incurred by the board relating to the discipline of the licensee.

      2.  The board may take disciplinary action against a licensee for any of the following causes:

      (a) The making of a false statement in any affidavit required of the applicant for application, examination or licensure under this chapter.

      (b) Lending the use of the holder’s name to an unlicensed person.

      (c) If the holder is a [podiatrist,] podiatric physician, his permitting an unlicensed person in his employ to practice as a podiatry hygienist.

      (d) Habitual indulgence in the use of alcohol or any controlled substance which impairs the intellect and judgment to such an extent as in the opinion of the board incapacitates the holder in the performance of his professional duties.

      (e) Conviction of a crime involving moral turpitude.

      (f) Conviction of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of [this act.] Senate Bill No. 316 of this session.

      (g) Conduct which in the opinion of the board disqualifies him to practice with safety to the public.

      (h) The commission of fraud by or on behalf of the licensee regarding his license or practice.

      (i) Gross incompetency.

      (j) Affliction of the licensee with any mental or physical disorder which seriously impairs his competence as a [podiatrist] podiatric physician or podiatry hygienist.

      (k) False representation by or on behalf of the licensee regarding his practice.

      (l) Unethical or unprofessional conduct.

      (m) Willful or repeated violations of this chapter or regulations adopted by the board.

      (n) Willful violation of the regulations adopted by the state board of pharmacy.


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ê1993 Statutes of Nevada, Page 2224 (Chapter 533, AB 691)ê

 

      Sec. 21.  NRS 635.162 is hereby amended to read as follows:

      635.162  1.  In addition to any other remedy provided by law, the board, through its president, secretary or the attorney general, may apply to any court of competent jurisdiction:

      (a) To enjoin any prohibited act or other conduct of a [podiatrist] podiatric physician which is harmful to the public;

      (b) To enjoin any person who is not licensed under this chapter from practicing podiatry;

      (c) To limit the [podiatrist’s] podiatric physician’s practice or suspend his license to practice podiatry; or

      (d) To enjoin the use of the title [“D.P.M.” or “Podiatrist”] “D.P.M.,” “Podiatrist,” “Podiatric Physician,” “Podiatric Physician-Surgeon” or “Physician-Surgeon D.P.M.” when not licensed by the board pursuant to this chapter, unless the use is otherwise authorized by a specific statute.

      2.  The court in a proper case may issue a temporary restraining order or a preliminary injunction for the purposes set forth in subsection 1:

      (a) Without proof of actual damage sustained by any person;

      (b) Without relieving any person from criminal prosecution for engaging in the practice of podiatry without a license; and

      (c) Pending proceedings for disciplinary action by the board.

      Sec. 22.  NRS 635.167 is hereby amended to read as follows:

      635.167  Any person who:

      1.  Presents to the board as his own the diploma, license or credentials of another;

      2.  Gives either false or forged evidence of any kind to the board;

      3.  Practices podiatry under a false or assumed name or falsely personates another licensee;

      4.  Except as otherwise provided by specific statute, practices podiatry without being licensed under this chapter; or

      5.  Uses the title [“D.P.M.” or “Podiatrist”] “D.P.M.,” “Podiatrist,” “Podiatric Physician,” “Podiatric Physician-Surgeon” or “Physician-Surgeon D.P.M.” when not licensed by the board pursuant to this chapter, unless otherwise authorized by a specific statute,

is guilty of a gross misdemeanor.

      Sec. 23.  NRS 639.0125 is hereby amended to read as follows:

      639.0125  “Practitioner” means:

      1.  A physician, dentist, veterinarian or [podiatrist] podiatric physician who holds a valid license to practice his profession in this state;

      2.  A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state; or

      3.  An advanced practitioner of nursing who has been authorized to prescribe poisons, dangerous drugs and devices.

      Sec. 24.  NRS 41A.097 is hereby amended to read as follows:

      41A.097  1.  Except as otherwise provided in subsection 2, an action for injury or death against a provider of health care may not be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:

 


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ê1993 Statutes of Nevada, Page 2225 (Chapter 533, AB 691)ê

 

through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:

      (a) Injury to or the wrongful death of a person, based upon alleged professional negligence of the provider of health care;

      (b) Injury to or the wrongful death of a person from professional services rendered without consent; or

      (c) Injury to or the wrongful death of a person from error or omission in practice by the provider of health care.

      2.  This time limitation is tolled:

      (a) For any period during which the provider of health care has concealed any act, error or omission upon which the action is based and which is known or through the use of reasonable diligence should have been known to him.

      (b) In any action governed by the provisions of NRS 41A.003 to 41A.069, inclusive, from the date a claimant files a complaint for review by a screening panel until 30 days after the date the panel notifies the claimant, in writing, of its findings. The provisions of this paragraph apply to an action against the provider of health care and to an action against any person, government or political subdivision of a government who is alleged by the claimant to be liable vicariously for the medical malpractice of the provider of health care, if the provider, person, government or political subdivision has received notice of the filing of a complaint for review by a screening panel within the limitation of time provided in subsection 1.

      3.  For the purposes of this section, the parent, guardian or legal custodian of any minor child is responsible for exercising reasonable judgment in determining whether to prosecute any cause of action limited by subsection 1. If the parent, guardian or custodian fails to commence an action on behalf of that child within the prescribed period of limitations, the child may not bring an action based on the same alleged injury against any provider of health care upon the removal of his disability, except that in the case of:

      (a) Brain damage or birth defect, the period of limitation is extended until the child attains 10 years of age.

      (b) Sterility, the period of limitation is extended until 2 years after the child discovers the injury.

      4.  As used in this section, “provider of health care” means a physician licensed under chapter 630 or 633 of NRS, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, [podiatrist,] podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, doctor of acupuncture, medical laboratory director or technician, or a licensed hospital as the employer of any such person.

      Sec. 25.  NRS 42.020 is hereby amended to read as follows:

      42.020  1.  In any action for damages for personal injury against any provider of health care, the amount of damages, if any, awarded in the action must be reduced by the amount of any prior payment made by or on behalf of the provider of health care to the injured person or to the claimant to meet reasonable expenses of medical care, other essential goods or services or reasonable living expenses.

      2.  As used in this section, “provider of health care” means a physician, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, [podiatrist,] podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, doctor of acupuncture, medical laboratory director or technician, or a licensed hospital as the employer of any such person.


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ê1993 Statutes of Nevada, Page 2226 (Chapter 533, AB 691)ê

 

therapist, [podiatrist,] podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, doctor of acupuncture, medical laboratory director or technician, or a licensed hospital as the employer of any such person.

      Sec. 26.  NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  If any of the persons listed in subsection 2 suspects an instance of abuse, neglect or exploitation of an older person, he shall immediately, but in no event later than 24 hours after there is reason to believe that an older person has been abused, neglected or exploited, report his suspicion to:

      (a) The local office of the welfare or aging services division of the department of human resources;

      (b) Any police department or sheriff’s office; or

      (c) The county’s office for protective services, if one exists in the county where the suspected action occurred.

If the report of abuse, neglect or exploitation involves an act or omission of the welfare division, aging services division or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.

      2.  Reports must be made by:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, [podiatrist,] podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician’s assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected or exploited.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect or exploitation of an older person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect or exploitation from the offender during a confession.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Every attorney, unless he has acquired the knowledge of abuse, neglect or exploitation from a client who has been or may be accused of the abuse, neglect or exploitation.

      (g) Any employee of the department of human resources.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.


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ê1993 Statutes of Nevada, Page 2227 (Chapter 533, AB 691)ê

 

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Every social worker.

      3.  Every physician who, as a member of the staff of a hospital or similar institution, has reason to believe that an older person has been abused, neglected or exploited shall notify the superintendent, manager or other person in charge of the institution. The superintendent, manager or other person in charge shall make a report as required in subsection 1.

      4.  A report may be filed by any other person.

      5.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report within 3 working days.

      6.  If the investigation of the report results in the belief that the older person is abused, neglected or exploited, the welfare division of the department of human resources or the county’s office for protective services may provide protective services to the older person if he is able and willing to accept them.

      Sec. 27.  NRS 202.2491 is hereby amended to read as follows:

      202.2491  1.  Except as otherwise provided in subsections 5 and 6, the smoking of tobacco in any form is prohibited if done in any:

      (a) Public elevator.

      (b) Public building.

      (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,] podiatric physician, psychologist, optician, optometrist, doctor of Oriental medicine or doctor of acupuncture.

      (d) Hotel or motel when so designated by the operator thereof.

      (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.

      (f) Child care facility.

      (g) Bus used by the general public, other than a chartered bus, or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.

      (h) School 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 any place not designated for that purpose as provided in paragraph (b).

      (b) May designate separate rooms or portions of 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 area which may be used for smoking.


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ê1993 Statutes of Nevada, Page 2228 (Chapter 533, AB 691)ê

 

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

      4.  The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.

      5.  A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.

      6.  The smoking of tobacco is not prohibited in:

      (a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.

      (b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.

      7.  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.

      8.  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) “Licensed gaming establishment” has the meaning ascribed to it in NRS 463.0169.

      (c) “Public building” means any building or office space owned or occupied by:

             (1) Any component of the University and Community College System of Nevada and used for any purpose related to the system.

             (2) The State of Nevada and used for any public purpose, other than that used by the department of prisons to house or provide other services to offenders.

             (3) Any county, city, school district or other political subdivision of the state and used for any public purpose.

If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.

      (d) “School bus” has the meaning ascribed to it in NRS 483.160.

      Sec. 28.  NRS 374.287 is hereby amended to read as follows:

      374.287  1.  There are exempted from the taxes imposed by this chapter the gross receipts from sales and the storage, use or other consumption of:

      (a) Prosthetic devices for human use.

      (b) Appliances and supplies relating to an ostomy.

      (c) Products for hemodialysis.

      (d) Any ophthalmic or ocular device or appliance prescribed by a physician or optometrist.

      (e) Medicines:


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ê1993 Statutes of Nevada, Page 2229 (Chapter 533, AB 691)ê

 

             (1) Prescribed for the treatment of a human being by a person authorized to prescribe medicines, and dispensed on a prescription filled by a registered pharmacist in accordance with law;

             (2) Furnished by a licensed physician, dentist or [podiatrist] podiatric physician to his own patient for the treatment of the patient;

             (3) Furnished by a hospital for treatment of any person pursuant to the order of a licensed physician, dentist or [podiatrist;] podiatric physician; or

             (4) Sold to a licensed physician, dentist, [podiatrist] podiatric physician or hospital for the treatment of a human being.

      2.  “Medicine” means any substance or preparation intended for use by external or internal application to the human body in the diagnosis, cure, mitigation, treatment or prevention of disease or affliction of the human body and which is commonly recognized as a substance or preparation intended for such use.

      3.  “Medicine” does not include:

      (a) Any auditory device or appliance.

      (b) Articles which are in the nature of splints, bandages, pads, compresses, supports, dressings, instruments, crutches, canes, braces, devices or other mechanical, electronic, optical or physical equipment.

      (c) Any alcoholic beverage, except where the alcohol merely provides a solution in the ordinary preparation of a medicine as defined by subsection 2.

      4.  Insulin furnished by a registered pharmacist to a person for treatment of diabetes as directed by a physician shall be deemed to be dispensed on a prescription within the meaning of this section.

      Sec. 29.  NRS 432B.220 is hereby amended to read as follows:

      432B.220  1.  A report must be made to an agency which provides protective services or to a law enforcement agency immediately, but in no event later than 24 hours after there is reason to believe that a child has been abused or neglected. If the report of abuse or neglect of a child involves the acts or omissions of:

      (a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of his home for a portion of the day, the report must be made to a law enforcement agency.

      (b) An agency which provides protective services or a law enforcement agency, the report must be made to and the investigation made by an agency other than the one alleged to have committed the acts or omissions.

      2.  Reports must be made by the following persons who, in their professional or occupational capacities, know or have reason to believe that a child has been abused or neglected:

      (a) A physician, dentist, dental hygienist, chiropractor, optometrist, [podiatrist,] podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician’s assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, advanced emergency medical technician or other person providing medical services licensed or certified in this state;

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital;

 


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ê1993 Statutes of Nevada, Page 2230 (Chapter 533, AB 691)ê

 

of suspected abuse or neglect of a child by a member of the staff of the hospital;

      (c) A coroner;

      (d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession;

      (e) A social worker and an administrator, teacher, librarian or counselor of a school;

      (f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child;

      (g) Any person licensed to conduct a foster home;

      (h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer;

      (i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect; and

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.

      3.  A report may be made by any other person.

      4.  Any person required to report under this section who has reasonable cause to believe that a child has died as a result of abuse or neglect shall report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides protective services his written findings, which must include the information required under the provisions of subsection 2 of NRS 432B.230.

      Sec. 30.  NRS 433.279 is hereby amended to read as follows:

      433.279  1.  The division shall carry out a vocational and educational program for the certification of mental health-mental retardation technicians, including forensic technicians, employed by the division, or other employees of the division who perform similar duties, but are classified differently. The program must be carried out in cooperation with the University and Community College System of Nevada.

      2.  A mental health-mental retardation technician is responsible to the director of the service in which his duties are performed. The director of a service may be a licensed physician, dentist, [podiatrist,] podiatric physician, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize a mental health-mental retardation technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.

      3.  The division shall adopt regulations to carry out the provisions of this section.

      4.  As used in this section, “mental health-mental retardation technician” means an employee of the division who, for compensation or personal profit, implements procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of mentally ill, emotionally disturbed or mentally retarded persons, and who has direct responsibility for:


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ê1993 Statutes of Nevada, Page 2231 (Chapter 533, AB 691)ê

 

      (a) Administering or implementing specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable clients to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or

      (b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of clients, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the clients.

      Sec. 31.  NRS 433.554 is hereby amended to read as follows:

      433.554  1.  Any employee of the division or other person who:

      (a) Has reason to believe that a client of the division or of a private institution or facility offering mental health services has been or is being abused or neglected and fails to report it;

      (b) Brings intoxicating beverages or a controlled substance into any building occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the facility;

      (c) Is under the influence of liquor or a controlled substance while employed in contact with clients, unless in accordance with a prescription issued by a physician, [podiatrist] podiatric physician or dentist;

      (d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or

      (e) Contrives the escape, elopement or absence of a client,

is guilty of a misdemeanor.

      2.  Any employee of the division or other person who willfully abuses or neglects any client:

      (a) If no substantial bodily harm to the client results, is guilty of a gross misdemeanor.

      (b) If substantial bodily harm to the client results, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      3.  Any person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, he forfeits his office or position.

      4.  For the purposes of this section:

      (a) “Abuse” means any willful or reckless act or omission to act which causes physical or mental injury to a client, including, but not limited to:

             (1) The rape, sexual assault or sexual exploitation of the client;

             (2) Striking the client;

             (3) The use of excessive force when placing the client in physical restraints; and

             (4) The use of physical or chemical restraints in violation of state or federal law.

Any act or omission to act which meets the standard practice for care and treatment does not constitute abuse.

      (b) “Client” includes any person who seeks, on his own or others’ initiative, and can benefit from care, treatment and training in a private institution or facility offering mental health services.


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ê1993 Statutes of Nevada, Page 2232 (Chapter 533, AB 691)ê

 

      (c) “Neglect” means any act or omission to act which causes injury to a client or which places the client at risk of injury, including, but not limited to, the failure to:

             (1) Establish or carry out an appropriate plan of treatment for the client;

             (2) Provide the client with adequate nutrition, clothing or health care; and

             (3) Provide a safe environment for the client.

Any act or omission to act which meets the standard practice for care and treatment does not constitute neglect.

      (d) “Standard practice” is the skill and care ordinarily exercised by prudent medical personnel.

      Sec. 32.  NRS 439A.0195 is hereby amended to read as follows:

      439A.0195  “Practitioner” means a physician licensed under chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, [podiatrist,] podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist or other person whose principal occupation is the provision of services for health.

      Sec. 33.  NRS 453.038 is hereby amended to read as follows:

      453.038  “Chart order” means an order entered on the chart of a patient:

      1.  In a hospital, facility for intermediate care or facility for skilled nursing which is licensed as such by the health division of the department; or

      2.  Under emergency treatment in a hospital by a physician, dentist or [podiatrist,] podiatric physician, or on the written or oral order of a physician, dentist or [podiatrist] podiatric physician authorizing the administration of a drug to the patient.

      Sec. 34.  NRS 453.091 is hereby amended to read as follows:

      453.091  1.  “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.

      2.  “Manufacture” does not include the preparation or compounding of a substance by a person for his own use or the preparation, compounding, packaging or labeling of a substance by a physician, dentist, [podiatrist] podiatric physician or veterinarian:

      (a) As an incident to his administering or dispensing of a substance in the course of his professional practice; or

      (b) By his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.

      Sec. 35.  NRS 453.126 is hereby amended to read as follows:

      453.126  “Practitioner” means:

      1.  A physician, dentist, veterinarian or [podiatrist] podiatric physician who holds a valid license to practice his profession in this state and is registered pursuant to this chapter.

      2.  An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense controlled substances.


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ê1993 Statutes of Nevada, Page 2233 (Chapter 533, AB 691)ê

 

      3.  A scientific investigator or a pharmacy, hospital or other institution licensed, registered or otherwise permitted by this state to distribute, dispense, conduct research with respect to, to administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.

      4.  A euthanasia technician who is licensed by the Nevada state board of veterinary medical examiners and registered pursuant to this chapter, when he possesses or administers sodium pentobarbital pursuant to his license and registration.

      Sec. 36.  NRS 453.128 is hereby amended to read as follows:

      453.128  1.  “Prescription” means:

      (a) An order given individually for the person for whom prescribed, directly from a physician, dentist, [podiatrist] podiatric physician or veterinarian, or his agent, to a pharmacist or indirectly by means of an order signed by the practitioner or an electronic transmission from the practitioner to a pharmacist.

      (b) A chart order written for an inpatient specifying drugs which he is to take home upon his discharge.

      2.  “Prescription” does not include a chart order written for an inpatient for use while he is an inpatient.

      Sec. 37.  NRS 453.226 is hereby amended to read as follows:

      453.226  1.  Every practitioner or other person who manufactures, distributes or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution or dispensing of any controlled substance within this state shall obtain biennially a registration issued by the board in accordance with its regulations.

      2.  A person registered by the board in accordance with the provisions of NRS 453.011 to 453.552, inclusive, to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense or conduct research with those substances to the extent authorized by the registration and in conformity with the other provisions of those sections.

      3.  The following persons are not required to register and may lawfully possess and distribute controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive:

      (a) An agent or employee of a registered manufacturer, distributor or dispenser of a controlled substance if he is acting in the usual course of his business or employment;

      (b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment; or

      (c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a physician, dentist, [podiatrist] podiatric physician or veterinarian or in lawful possession of a schedule V substance.

      4.  The board may waive the requirement for registration of certain manufacturers, distributors or dispensers if it finds it consistent with the public health and safety.


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ê1993 Statutes of Nevada, Page 2234 (Chapter 533, AB 691)ê

 

      5.  A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes or dispenses controlled substances.

      6.  The board may inspect the establishment of a registrant or applicant for registration in accordance with the board’s regulations.

      Sec. 38.  NRS 453.336 is hereby amended to read as follows:

      453.336  1.  It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a physician, dentist, [podiatrist] podiatric physician or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.

      2.  Except as otherwise provided in subsections 3 and 4 and in NRS 453.3363, and unless a greater penalty is provided in NRS 453.3385, 453.339 or 453.3395, any person who violates this section shall be punished:

      (a) For the first offense, if the controlled substance is listed in schedule I, II, III or IV, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

      (b) For a second offense, if the controlled substance is listed in schedule I, II, III or IV, or if, in case of a first conviction of violation of this section, the offender has previously been convicted of any violation of the laws of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.

      (c) For a third or subsequent offense, if the controlled substance is listed in schedule, I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $20,000.

      (d) For the first offense, if the controlled substance is listed in schedule V, by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.

      (e) For a second or subsequent offense, if the controlled substance is listed in schedule V, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

      3.  Any person who is under 21 years of age and is convicted of the possession of less than 1 ounce of marihuana:

      (a) For the first offense:

             (1) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000; or

             (2) Shall be punished by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000, and may have his driver’s license suspended for not more than 6 months.


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ê1993 Statutes of Nevada, Page 2235 (Chapter 533, AB 691)ê

 

      (b) For the second offense shall be punished in the manner prescribed by subsection 2 for a first offense.

      (c) For a third or subsequent offense, shall be punished in the manner prescribed by subsection 2 for a second offense.

      4.  Before sentencing under the provisions of subsection 3 for a first offense, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176.195. After the report is received but before sentence is pronounced the court shall:

      (a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and

      (b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information received as to whether the person convicted of the offense shall be adjudged to have committed a felony or to have committed a gross misdemeanor.

      Sec. 39.  NRS 453.371 is hereby amended to read as follows:

      453.371  As used in NRS 453.371 to 453.552, inclusive:

      1.  “Medical intern” means a medical graduate acting as an assistant in a hospital for the purpose of clinical training.

      2.  “Physician,” “dentist,” [“podiatrist,”] “podiatric physician,” “veterinarian,” “pharmacist” and “euthanasia technician” mean persons authorized by a valid license to practice their respective professions in this state who are registered with the board.

      Sec. 40.  NRS 453.381 is hereby amended to read as follows:

      453.381  1.  In addition to the limitations imposed by NRS 453.256, a physician, dentist, [podiatrist] podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself, his spouse or his children except in cases of emergency.

      2.  A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and he may cause them to be administered by an animal technician under his direction and supervision.

      3.  A euthanasia technician, within the scope of his license, and not for use by a human being, may possess and administer sodium pentobarbital.

      4.  A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the usual course of the professional practice of a physician, dentist, [podiatrist] podiatric physician or veterinarian.

      5.  Any person who has obtained from a physician, dentist, [podiatrist] podiatric physician or veterinarian any controlled substance for administration to a patient during the absence of the physician, dentist, [podiatrist] podiatric physician or veterinarian shall return to him any unused portion of the substance when it is no longer required by the patient.

      6.  A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.


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ê1993 Statutes of Nevada, Page 2236 (Chapter 533, AB 691)ê

 

      7.  A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.

      8.  A person shall not dispense a controlled substance in violation of a regulation adopted by the board.

      Sec. 41.  NRS 453.411 is hereby amended to read as follows:

      453.411  1.  It is unlawful for any person knowingly to use or be under the influence of a controlled substance except in accordance with a prescription issued to such person by a physician, [podiatrist] podiatric physician or dentist.

      2.  It is unlawful for any person knowingly to use or be under the influence of a controlled substance except when administered to such person at a rehabilitation clinic established or licensed by the health division of the department of human resources, or a hospital certified by the department.

      3.  Any person who violates this section shall be punished:

      (a) If the controlled substance is listed in schedule I, II, III, or IV, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

      (b) If the controlled substance is listed in schedule V, by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.

      Sec. 42.  NRS 454.0095 is hereby amended to read as follows:

      454.0095  “Physician,” “dentist,” [“podiatrist,”] “podiatric physician,” “veterinarian” and “pharmacist” means persons authorized by a currently valid license to practice their respective professions in this state.

      Sec. 43.  NRS 454.00958 is hereby amended to read as follows:

      454.00958  “Practitioner” means:

      1.  A physician, dentist, veterinarian or [podiatrist] podiatric physician who holds a valid license to practice his profession in this state.

      2.  A pharmacy, hospital or other institution licensed or registered to distribute, dispense, conduct research with respect to or to administer a dangerous drug in the course of professional practice in this state.

      3.  When relating to the prescription of poisons, dangerous drugs and devices:

      (a) An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him so to prescribe; or

      (b) A physician’s assistant who holds a license from the state board of medical examiners and a certificate from the state board of pharmacy permitting him so to prescribe.

      Sec. 44.  NRS 455A.170 is hereby amended to read as follows:

      455A.170  1.  A skier shall not ski, or embark on a ski lift that is proceeding predominantly uphill, while intoxicated or under the influence of a controlled substance as defined in chapter 453 of NRS, unless in accordance with a prescription issued to the person by a physician, [podiatrist] podiatric physician or dentist.

      2.  A skier who is involved in a collision in which another person is injured shall provide his name and current address to the injured person, the skiing operator or a member of the ski patrol:


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ê1993 Statutes of Nevada, Page 2237 (Chapter 533, AB 691)ê

 

      (a) Before he leaves the vicinity of the collision; or

      (b) As soon as reasonably possible after leaving the vicinity of the collision to secure aid for the injured person.

      3.  A person who violates a provision of this section is guilty of a misdemeanor.

      Sec. 45.  NRS 488.205 is hereby amended to read as follows:

      488.205  1.  A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life or property of any person.

      2.  A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device while intoxicated or under the influence of any controlled substance, unless in accordance with a prescription issued to [the person] him by a physician, [podiatrist] podiatric physician or dentist.

      Sec. 46.  NRS 493.130 is hereby amended to read as follows:

      493.130  Any person operating an aircraft in the air, or on the ground or water:

      1.  While under the influence of intoxicating liquor or a controlled substance, unless in accordance with a prescription issued to him by a physician, [podiatrist] podiatric physician or dentist; or

      2.  In a careless or reckless manner so as to endanger the life or property of another,

is guilty of a misdemeanor.

      Sec. 47.  NRS 585.485 is hereby amended to read as follows:

      585.485  1.  Dimethyl sulfoxide may be sold, whether by wholesalers or retailers, in quantities of 1 gallon or more.

      2.  Dimethyl sulfoxide may be sold, prescribed or dispensed in quantities of less than 1 gallon only:

      (a) Pursuant to prescription by a dentist, [podiatrist] podiatric physician or veterinarian licensed to practice his profession in this state or by a licensed physician; or

      (b) To a purchaser who gives his affidavit declaring that the dimethyl sulfoxide being purchased:

             (1) Will not be used for medicinal treatment of any human being; or

             (2) Will not be resold and will be used for industrial or commercial purposes in a laboratory or business which is licensed by the state or a local government.

      3.  A prescription for dimethyl sulfoxide may be filled only with a grade and quality of that substance which meets the requirements of the United States Food and Drug Administration.

      4.  Any person who gives a false affidavit for the purpose of obtaining dimethyl sulfoxide pursuant to paragraph (b) of subsection 2 is guilty of a misdemeanor.

      Sec. 48.  Section 20 of this act becomes effective at 12:01 a.m. on October 1, 1993.

 

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ê1993 Statutes of Nevada, Page 2238ê

 

CHAPTER 534, AB 653

Assembly Bill No. 653—Committee on Government Affairs

CHAPTER 534

AN ACT relating to state land; requiring the department of transportation to convey certain real property to the United States for the use of the Walker River Paiute Tribe; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The department of transportation on behalf of the State of Nevada shall, subject to the provisions of section 2 of this act, convey for no consideration and by quitclaim deed to the United States for the use and benefit of the Walker River Paiute Tribe, all of the right, title and interest of the State of Nevada in the parcel of land, together with all improvements thereon, situate, lying and being in the County of Mineral, State of Nevada, and more particularly described as being a portion of the NE 1/4 of the SE 1/4 of Section 35, T. 13 N., R. 28 E., M.D.M., and more fully described by metes and bounds as follows, to wit:

      Beginning at a point on the left or westerly right-of-way line of US-95, 50.00 feet left of and at right angles to Highway Engineer’s Station “0” 48 + 39.20 P.O.T.; said point of beginning further described as bearing N. 0º58′51″ W., a distance of 2,234.76 feet from the southeast corner of Section 35, T. 13 N., R. 28 E., M.D.M.; thence N. 89º56′27″W., a distance of 359.43 feet to a point; thence N. 0º03′33″ E., a distance of 200.00 feet to a point; thence S. 89º56′27″ E., a distance of 359.40 feet to a point on said left or westerly right-of-way line of US-95; thence S. 0º02′55″ W., along said westerly right-of-way line a distance of 200.00 feet to the point of beginning; said parcel contains an area of 71,883 square feet (1.65 acres), more or less.

      Sec. 2.  1.  The legislature declares that the purpose of this act is to require the conveyance of the land described in the deed dated January 28, 1932, and recorded in Book 10 of Deeds, page 176-177, Records of Mineral County, Nevada, excepting therefrom the lands lying west and outside of the 50-foot left or westerly right-of-way line of US-95, as measured from surveyed Highway Engineer’s “0” centerline.

      2.  The real property described in section 1 of this act must be conveyed subject to any and all easements existing on the date of the conveyance, whether of record or not.

      3.  The provisions of subsections 1 and 2 of NRS 408.533 do not apply to the conveyance required by section 1 of this act.

      4.  The department of transportation shall pay any expenses necessary to carry out the provisions of section 1 of this act, including expenses related to the appraisal of the land.

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

 

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ê1993 Statutes of Nevada, Page 2239ê

 

CHAPTER 535, AB 652

Assembly Bill No. 652—Committee on Government Affairs

CHAPTER 535

AN ACT relating to Carson City; revising the membership of the general obligation bond commission; revising the provision concerning special meetings of the board of supervisors; making certain changes concerning investments, contracts and purchasing; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 350.002 is hereby amended to read as follows:

      350.002  1.  There is hereby created in each county a general obligation bond commission, to be composed of one representative of the county, one representative of the school district and the following additional representatives:

      (a) In each county which contains more than one incorporated city:

             (1) One representative of the city in which the county seat is located;

             (2) One representative of the other incorporated cities jointly; and

             (3) One representative of the public at large.

      (b) In each county which contains but one incorporated city:

             (1) One representative of the incorporated city; and

             (2) Two representatives of the public at large.

      (c) In each county which contains no incorporated city, one representative of the public at large.

      (d) In each county which contains one or more general improvement districts, one representative of the district or districts jointly and one additional representative of the public at large.

      2.  In Carson City, there is hereby created a general obligation bond commission, to be composed of one representative of the board of supervisors, one representative of the school district [, one representative of general improvement districts and two] and three representatives of the public at large.

      3.  Each representative of a single local government must be chosen by its governing body. Each representative of two or more local governments must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the general improvement districts must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the public at large must be chosen by the other members of the commission from residents of the county, or Carson City, as the case may be, who have a knowledge of its financial structure. A tie vote must be resolved by lot.

      4.  Members of the commission or their successors must be chosen in January of each odd-numbered year and [shall] hold office for a term of 2 years beginning January 1, except the representatives of incorporated cities, who must be chosen after elections are held in the cities but before the annual meeting of the commission.

      5.  Any vacancy must be filled in the same manner as the original choice was made for the remainder of the unexpired term.


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ê1993 Statutes of Nevada, Page 2240 (Chapter 535, AB 652)ê

 

      Sec. 2.  Section 3.045 of the charter of Carson City, as added by chapter 23, Statutes of Nevada 1987, at page 58, is hereby amended to read as follows:

       Sec. 3.045  Treasurer: Duties; salary.

       1.  The provisions of chapter 249 of NRS apply to the office of treasurer, except that all deputy treasurers other than the two deputy treasurers provided for in section 2.330 must be appointed pursuant to and governed by the regulations for the merit personnel system.

       2.  The treasurer shall:

       (a) Invest all surplus money of Carson City.

       (b) Keep a record of the cash balance and reconcile it with the controller’s records monthly.

       (c) Perform such other duties as may be required by the board or by the provisions of Nevada Revised Statutes which apply to county treasurers.

       (d) Establish and maintain a policy for the investment of the surplus money of Carson City. The board of supervisors shall review the policy at least once each year at a public hearing at which public comment is accepted.

       3.  The treasurer is entitled to an annual salary in the amount specified in NRS 245.043, and shall not engage in any other business or occupation.

      Sec. 3.  Section 3.077 of the charter of Carson City, as added by chapter 690, Statutes of Nevada 1979, at page 1863, is hereby amended to read as follows:

       Sec. 3.077  Office of purchasing [; purchasing agent.] and contracts; director.

       1.  There is created in Carson City an office of purchasing and contracts to be administered by a director of purchasing [agent] and contracts appointed by the manager. If there is no manager the board shall appoint the director of purchasing [agent.] and contracts. The salary of the [purchasing agent] director must be fixed by the board.

       2.  The director of purchasing [agent] and contracts shall:

       (a) Administer the purchasing [program] and contracts programs of Carson City, including the preparation, award and acceptance of formal contracts , agreements and construction bids and [bids for] the purchase of materials, equipment , [and] supplies and professional services for all offices and departments of Carson City.

       (b) Comply with the provisions of the Local Government Purchasing Act.

       (c) Within the limits of available money, maintain an inventory of supplies that are used on a repeated basis.

       (d) With the assistance of the controller, establish procedures for emergency purchases of materials, equipment and supplies by individual offices and departments.

       (e) Perform other duties as directed by the manager.

      Sec. 4.  This act becomes effective on July 1, 1993.

 

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ê1993 Statutes of Nevada, Page 2241ê

 

CHAPTER 536, AB 603

Assembly Bill No. 603—Committee on Elections and Procedures

CHAPTER 536

AN ACT relating to ethics in government; coordinating and revising the provisions concerning contracts between a public officer or employee and a public agency; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, a public officer or employee shall not bid on or enter into a contract between a governmental agency and any private business in which he has a significant pecuniary interest.

      2.  A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by such board or commission, may, in the ordinary course of his business, bid on or enter into a contract with any governmental agency, except the board, commission or body of which he is a member, if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.

      3.  A full- or part-time faculty member in the University of Nevada System may bid on or enter into a contract with a governmental agency if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.

      4.  A public officer or employee, other than an officer or employee described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contract process is controlled by rules of open competitive bidding, the sources of supply are limited, he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.

      Sec. 2.  NRS 281.221 is hereby amended to read as follows:

      281.221  1.  Except as otherwise provided in [subsection 2,] this section, it is unlawful for any state officer who is not a member of the legislature to:

      (a) Become a contractor under any contract or order for supplies or other kind of contract authorized by or for the state or any of its departments, or the legislature or either of its houses, or to be interested, directly or indirectly, as principal, in any kind of contract so authorized.

      (b) Be interested in any contract made by him or to be a purchaser or interested in any purchase under a sale made by him in the discharge of his official duties.

      2.  Any member of any board [or commission created under the provisions of Title 54 of NRS] , commission or similar body who is engaged in the profession, occupation or business regulated by [such board or commission] the board, commission or body may supply or contract to supply, in the ordinary course of his business, goods, materials or services to any state or local agency , except the board or commission of which he is a member [.]


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ê1993 Statutes of Nevada, Page 2242 (Chapter 536, AB 603)ê

 

ordinary course of his business, goods, materials or services to any state or local agency , except the board or commission of which he is a member [.] , if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.

      3.  A full- or part-time faculty member in the University of Nevada System may bid on or enter into a contract with a governmental agency if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.

      4.  A state officer, other than an officer described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.

      5.  Any contract made in violation of this section may be declared void at the instance of the state or of any other person interested in the contract except an officer prohibited from making or being interested in the contract.

      [4.] 6.  Any person violating this section is guilty of a gross misdemeanor and shall forfeit his office.

      Sec. 3.  NRS 281.230 is hereby amended to read as follows:

      281.230  1.  Except as otherwise provided in this section and NRS 218.605, the following persons shall not, in any manner, directly or indirectly, receive any commission, personal profit or compensation of any kind resulting from any contract or other transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way interested or affected:

      (a) State, county, municipal, district and township officers of the State of Nevada;

      (b) Deputies and employees of state, county, municipal, district and township officers; and

      (c) Officers and employees of quasi-municipal corporations.

      2.  A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by the board, commission or body may, in the ordinary course of his business, bid on or enter into a contract with any governmental agency, except the board or commission of which he is a member, if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.

      3.  A full- or part-time faculty member in the University of Nevada System may bid on or enter into a contract with a governmental agency if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.

      4.  A public officer or employee, other than an officer or employee described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.


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ê1993 Statutes of Nevada, Page 2243 (Chapter 536, AB 603)ê

 

      5.  Every person who violates any of the provisions of this section shall be punished as provided in NRS 197.230 and:

      (a) Where the commission, personal profit or compensation is $250 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      (b) Where the commission, personal profit or compensation is less than $250, for a misdemeanor.

      [3.]6.  Every person who violates the provisions of this section shall pay any commission, personal profit or compensation resulting from the contract or transaction to the employing state, county, municipality, township, district or quasi-municipal corporation as restitution.

      Sec. 4.  NRS 281.481 is hereby amended to read as follows:

      281.481  A code of ethical standards is hereby established to govern the conduct of public officers and employees:

      1.  A public officer or employee shall not seek or accept any gift, service, favor, employment, engagement, emolument or economic opportunity which would tend improperly to influence a reasonable person in his position to depart from the faithful and impartial discharge of his public duties.

      2.  A public officer or employee shall not use his position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for himself, any member of his household, any business entity in which he has a significant pecuniary interest, or any other person.

      3.  A public officer or employee shall not participate as an agent of government in the negotiation or execution of a contract between the government and any private business in which he has a significant pecuniary interest. [Unless specifically prohibited by law, a public officer or employee, as such, is not precluded from making a bid on a government contract if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.]

      4.  A public officer or employee shall not accept any salary, retainer, augmentation, expense allowance or other compensation from any private source for the performance of his duties as a public officer or employee.

      5.  If a public officer or employee acquires, through his public duties or relationships, any information which by law or practice is not at the time available to people generally, he shall not use the information to further the pecuniary interests of himself or any other person or business entity.

      6.  A public officer or employee shall not suppress any governmental report or other document because it might tend to affect unfavorably his pecuniary interests.

      7.  A public officer or employee, other than a member of the legislature, shall not use governmental time, property, equipment or other facility to benefit his personal or financial interest.

      8.  A member of the legislature shall not:

      (a) Use governmental time, property, equipment or other facility for a nongovernmental purpose or for the private benefit of himself or any other person.


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ê1993 Statutes of Nevada, Page 2244 (Chapter 536, AB 603)ê

 

This paragraph does not prohibit:

             (1) A limited use of state property and resources for personal purposes if:

             (I) The use does not interfere with the performance of his public duties;

             (II) The cost or value related to the use is nominal; and

             (III) The use does not create the appearance of impropriety.

             (2) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is available to members of the general public for nongovernmental purposes; or

             (3) The use of telephones or other means of communication if there is not a special charge for that use.

      (b) Require or authorize a legislative employee, while on duty, to perform personal services or assist in a private activity, except:

             (1) In unusual and infrequent situations where the employee’s service is reasonably necessary to permit the legislator or legislative employee to perform his official duties; or

             (2) Where such service has otherwise been established as legislative policy.

      9.  A public officer or employee shall not attempt to benefit his personal or financial interest through the influence of a subordinate.

      10.  A public officer or employee shall not seek other employment or contracts through the use of his official position.

      Sec. 5.  NRS 281.551 is hereby amended to read as follows:

      281.551  1.  In addition to any other penalty provided by law, the commission may impose on a public officer or former public officer civil penalties not to exceed $5,000 for a willful violation of this chapter.

      2.  In addition to any other penalty provided by law, the commission may impose a civil penalty not to exceed $5,000 on any person who knowingly or maliciously submits to the commission any false accusation or false information, or submits to the commission any false accusation or false information in bad faith.

      3.  If the commission finds that a violation of a provision of this chapter by a public officer or former public officer has resulted in the realization by another person of a financial benefit, the commission may, in addition to any other penalty, require the current or former public officer to pay a civil penalty of not more than twice the amount so realized.

      4.  If the commission finds that a violation of this chapter has been committed by a public officer removable from office by impeachment only, it shall file a report with the appropriate person responsible for commencing impeachment proceedings as to its finding. The report must contain a statement of the facts alleged to constitute the violation.

      5.  Any action taken by a public officer relating to NRS 281.481, 281.491 or 281.501 or section 1 of this act, shall be deemed not to be a willful violation of any provision of those sections if the public officer:

      (a) Relied in good faith upon the advice of the legal counsel retained by the public body which the public officer represents;

      (b) Was unable, through no fault of his own, to obtain an opinion from the commission before the action was taken; and


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ê1993 Statutes of Nevada, Page 2245 (Chapter 536, AB 603)ê

 

      (c) The action taken was not contrary to any prior opinion issued by the commission to the public officer.

      6.  A public employee who willfully violates any provision of NRS 281.481, 281.491 or 281.501 or section 1 of this act, is subject to disciplinary proceedings by his employer and must be referred for such action in accordance to the applicable provisions governing his employment.

      7.  NRS 281.481 to 281.541, inclusive, and section 1 of this act, do not abrogate or decrease the effect of any of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees.

      8.  The imposition of a civil penalty pursuant to subsection 1, 2 or 3 is a final decision for the purposes of judicial review.

      Sec. 6.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 537, AB 536

Assembly Bill No. 536—Committee on Ways and Means

CHAPTER 537

AN ACT making an appropriation to the legislative counsel bureau for the reproduction of older Nevada Reports, Statutes of Nevada and Nevada Constitutional Debates & Proceedings 1864; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

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 legislative counsel bureau the sum of $75,414 for the cost of reproducing:

      1.  Volumes of Nevada Reports which are out of print or of limited supply;

      2.  Volumes of the Statutes of Nevada which are out of print or of limited supply; and

      3.  The Nevada Constitutional Debates & Proceedings 1864.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1995, 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, 1993.

 

________

 

 


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ê1993 Statutes of Nevada, Page 2246ê

 

CHAPTER 538, AB 425

Assembly Bill No. 425—Committee on Elections and Procedures

CHAPTER 538

AN ACT relating to the legislature; allowing greater flexibility in taking an extended adjournment during a regular session of the legislature; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.115 is hereby amended to read as follows:

      218.115  1.  In addition to any other adjournment taken during a legislative session, the legislature [shall] may adjourn once for not more than 16 days before the [56th] 63rd calendar day of the regular session. During this adjournment, the senate standing committee on finance and the assembly standing committee on ways and means [shall] may hold hearings in both the mornings and afternoons to consider the budgets of the major agencies of the state. The two committees shall, when practicable, meet jointly while maintaining majorities of both committees. Except as otherwise provided by the legislative commission pursuant to subsection 2, during this adjournment all other standing committees may hold hearings at any place in the state on legislative measures or on any general topic which is pertinent to possible legislative action.

      2.  [On] Except as otherwise provided in subsection 4, on or before December 31 of each even-numbered year, the legislative commission , in consultation with the speaker of the assembly and majority leader of the senate, shall tentatively determine [the] :

      (a) The dates of the [16-day adjournment required] adjournment authorized by subsection 1 [, which] ;

      (b) Which committees other than the senate standing committee on finance and the assembly standing committee on ways and means may meet during the adjournment ; and [the tentative]

      (c) The location of all meetings to be held during the adjournment.

      3.  The director of the legislative counsel bureau may contract for necessary facilities, travel, lodging and services and otherwise make arrangements in preparation for meetings to be held during the adjournment.

      4.  During each regular session of the legislature, the legislature may, by concurrent resolution, direct the legislative commission not to carry out the provisions of subsection 2.

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

 

________

 

 


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ê1993 Statutes of Nevada, Page 2247ê

 

CHAPTER 539, AB 414

Assembly Bill No. 414—Committee on Government Affairs

CHAPTER 539

AN ACT relating to public works projects; allowing certain unsuccessful bidders on a public works contract under certain circumstances to bring a civil action for damages against the contractor who was awarded the contract; revising provisions regarding hearings and penalties for certain violations; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  If, after a hearing, an administrative penalty is imposed against a contractor on a public work for the commission of an offense:

      (a) An eligible bidder, or any person who entered into a contract with the eligible bidder before bids for the contract for the public work were let, may commence a civil action against the contractor to recover damages suffered as a proximate result of the eligible bidder not being awarded the contract for the public work.

      (b) There is a rebuttable presumption that the contractor was awarded the contract for the public work because his bid on the contract was based, in part, on his intent to commit the offense and, as a result, was lower than it otherwise would have been.

      2.  The court may award costs and reasonable attorney’s fees to the prevailing party in any action brought pursuant to this section.

      Sec. 3.  If any administrative penalty is imposed against a person for the commission of an offense, that person, and the corporate officers, if any, of that person, may not be awarded a contract for a public work:

      1.  For the first offense, for a period of 2 years after the date of the imposition of the administrative penalty; and

      2.  For the second or subsequent offense, for a period of 3 years after the date of the imposition of the administrative penalty.

      Sec. 4.  NRS 338.010 is hereby amended to read as follows:

      338.010  As used in this chapter:

      1.  “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.

      2.  “Eligible bidder” means a person who was found to be a responsible contractor by a public body which awarded a contract for a public work.

      3.  “Offense” means failing to:

      (a) Pay the prevailing wage required pursuant to this chapter;

      (b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS; or

      (c) Provide and secure compensation for employees required pursuant to chapters 616 and 617 of NRS.


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ê1993 Statutes of Nevada, Page 2248 (Chapter 539, AB 414)ê

 

      4.  “Public body” means the state, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.

      [3.]5.  “Public work” means any project for the new construction, repair or reconstruction of:

      (a) A project financed in whole or in part from public money for:

             (1) Public buildings;

             (2) Jails and prisons;

             (3) Public roads;

             (4) Public highways;

             (5) Public streets and alleys;

             (6) Public utilities which are financed in whole or in part by public money;

             (7) Publicly owned water mains and sewers;

             (8) Public parks and playgrounds; and

             (9) All other publicly owned works and property whose cost as a whole exceeds $20,000. Each separate unit which is a part of a project is included in the cost of the project for the purpose of determining whether a project meets this threshold.

      (b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by the state or federal money.

      [4.]6.  “Wages” means:

      (a) The basic hourly rate of pay; and

      (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the workman.

      [5.]7.  “Workman” means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman.

      Sec. 5.  NRS 338.015 is hereby amended to read as follows:

      338.015  1.  The labor commissioner shall enforce the provisions of NRS 338.010 to 338.130, inclusive. When informed of violations thereof [he] , the labor commissioner may hold hearings on and assess fines for violations of those provisions and shall report [such] those violations to the district attorney of the county in which [such] the violations occurred.

      2.  The district attorney shall prosecute the violator in accordance with law.

      Sec. 6.  NRS 338.090 is hereby amended to read as follows:

      338.090  1.  Any person, including the officers, agents or employees of a public body, who violates any of the provisions of NRS 338.010 to 338.080, inclusive, is guilty of a misdemeanor.

      2.  [Any person convicted of failing to pay the prevailing wage for a craft or type of work as determined by the labor commissioner may not be awarded any contract for public work for 2 years after his conviction.] The labor commissioner, in addition to any other penalty provided in this chapter:

      (a) Shall assess a person who, after a hearing, is found to have failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, an amount equal to the difference between the prevailing wages required to be paid and the wages he actually paid; and

 


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ê1993 Statutes of Nevada, Page 2249 (Chapter 539, AB 414)ê

 

inclusive, an amount equal to the difference between the prevailing wages required to be paid and the wages he actually paid; and

      (b) May in addition impose an administrative fine not to exceed the costs he incurred to investigate and prosecute the matter.

 

________

 

 

CHAPTER 540, AB 404

Assembly Bill No. 404—Committee on Education

CHAPTER 540

AN ACT relating to the legislature; clarifying and expanding the authority of the legislative commission and its subcommittees to issue and enforce subpenas; clarifying the authority of the legislative commission to conduct studies and investigations; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.635 is hereby amended to read as follows:

      218.635  1.  The legislative commission shall, between sessions of the legislature, fix the work priority of all studies and investigations assigned to it by concurrent resolutions of the legislature , or directed by an order of the legislative commission, within the limits of available time, money and staff. The legislative commission shall not make studies or investigations [so] directed by resolutions of only one house of the legislature [.] or studies or investigations proposed but not approved during the preceding legislative session. All requests for the drafting of legislation to be recommended as the result of a study or investigation , except a study or investigation directed by an order of the legislative commission, must be made before July 1 of the year preceding a legislative session.

      2.  Except as otherwise provided by NRS 218.637 between sessions of the legislature no study or investigation may be initiated or continued by the fiscal analysts, the legislative auditor, the legislative counsel or the research director and their staffs except studies and investigations which have been specifically authorized by concurrent resolutions of the legislature or by an order of the legislative commission. No study or investigation may be carried over from one session of the legislature to the next without additional authorization by a concurrent resolution of the legislature, except audits in progress, whose carryover has been approved by the legislative commission.

      Sec. 2.  NRS 218.681 is hereby amended to read as follows:

      218.681  1.  The general objectives and functions of the legislative commission are to:

      (a) Assist the legislature in retaining status coordinate with the executive and judicial branches of state government.

      (b) Investigate and inquire [only] into subjects upon which the legislature may act by the enactment or amendment of statutes [.] , governmental problems, important issues of public policy or questions of statewide interest.


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ê1993 Statutes of Nevada, Page 2250 (Chapter 540, AB 404)ê

 

      (c) Assure that the most effective use is made of the audit, fiscal, legal and research services and facilities provided by the legislative counsel bureau to the legislature and its members.

      2.  In addition to the powers and duties elsewhere conferred and imposed upon the legislative commission in this chapter, in order to carry out its general objectives and functions the legislative commission:

      (a) Shall receive recommendations and suggestions for legislation or investigation from:

             (1) Members of the legislative commission and other members of the legislature; and

             (2) Any board, commission, department or officer of the state government or any local government.

      (b) May receive recommendations and suggestions for legislation or investigation from:

             (1) Bar associations, chambers of commerce, labor unions and other organized associations and groups; and

             (2) Individual citizens.

      (c) May hold hearings on any subject or matter which is a proper subject for legislative action or which concerns governmental problems, important issues of public policy or questions of statewide interest, whenever it considers such hearings necessary or desirable in the performance of its duties [.] or the exercise of its powers.

      Sec. 3.  NRS 218.682 is hereby amended to read as follows:

      218.682  The legislative commission may:

      1.  Carry forward the participation of the State of Nevada as a member of the Council of State Governments and the National Conference of State Legislatures, and may pay annual dues to those organizations out of the legislative fund. The legislative commission is designated as Nevada’s commission on interstate cooperation.

      2.  Encourage and assist the government of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise, with the other states, with the Federal Government and with local units of government.

      3.  Establish such delegations and committees as official agencies of the legislative counsel bureau as may be deemed advisable to confer with similar delegations and committees from other states concerning problems of mutual interest. The membership of those delegations and committees must be designated by the legislative commission and may consist of legislators and employees of the state other than members of the commission. Members of those delegations and committees shall serve without salary, but they are entitled to receive out of the legislative fund the per diem expense allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207.

      4.  Endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for interstate compacts and reciprocal or uniform legislation, and by facilitating the adoption of uniform or reciprocal administrative rules and regulations, informal cooperation of governmental offices, personal cooperation among governmental officials and employees, interchange and clearance of research and information and any other suitable process.


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

ê1993 Statutes of Nevada, Page 2251 (Chapter 540, AB 404)ê

 

among governmental officials and employees, interchange and clearance of research and information and any other suitable process.

      5.  [Establish such] Conduct studies or investigations concerning governmental problems, important issues of public policy or questions of statewide interest. The legislative commission may establish subcommittees and interim or special committees as official agencies of the legislative counsel bureau [as may be deemed advisable] to conduct such studies or investigations or otherwise to deal with such governmental problems, important issues of public policy [and] or questions of statewide interest. The membership of those subcommittees and interim or special committees must be designated by the legislative commission and may consist of members of the legislative commission and legislators other than members of the commission, employees of the State of Nevada or citizens of the State of Nevada. Members of those subcommittees and interim or special committees who are not legislators shall serve without salary, but they are entitled to receive out of the legislative fund the per diem expense allowances and travel expenses provided for state officers and employees generally. Except during a regular or special session of the legislature, members of those subcommittees and interim or special committees who are legislators are entitled to receive out of the legislative fund the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session for each day or portion of a day of attendance, and the per diem expense allowances provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207.

      6.  Supervise the functions assigned to the divisions of the bureau in this chapter.

      7.  Authorize the director of the legislative counsel bureau to enter into agreements for the acquisition of property it deems necessary to support the legislature and its staff. The director may expend money from the legislative fund for this purpose.

      Sec. 4.  NRS 218.6821 is hereby amended to read as follows:

      218.6821  1.  In the discharge of any duty imposed or power conferred by this chapter, the legislative commission [shall have] has the authority to:

      (a) Administer oaths, issue subpenas, compel the attendance of witnesses and the production of any papers, books, accounts, department records, documents and testimony . [; and] The legislative commission may issue subpenas compelling the attendance of witnesses before, or the production of any papers, books, accounts, department records, documents and testimony to, a subcommittee or interim or special committee established pursuant to subsection 5 of NRS 218.682.

      (b) Cause the deposition of witnesses, either residing within or without the state, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

      2.  The legislative commission may delegate its authority pursuant to subsection 1 to a subcommittee or interim or special committee established pursuant to subsection 5 of NRS 218.682.

      3.  In case of disobedience on the part of any person to comply with any subpena issued in behalf of the legislative commission [,] or a subcommittee or interim or special committee, or on the refusal of any witness to testify to any matters regarding which he may be lawfully interrogated, the district court of any county, or the judge thereof, shall, on application of the chairman of the legislative commission [,] or the subcommittee or interim or special committee that issued the subpena, compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpena issued from such court or a refusal to testify therein.


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ê1993 Statutes of Nevada, Page 2252 (Chapter 540, AB 404)ê

 

any matters regarding which he may be lawfully interrogated, the district court of any county, or the judge thereof, shall, on application of the chairman of the legislative commission [,] or the subcommittee or interim or special committee that issued the subpena, compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpena issued from such court or a refusal to testify therein.

      [3.]4.  Each witness who appears before the legislative commission or a subcommittee or interim or special committee by its order, other than a state officer or employee, shall receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record, which [shall] must be audited and paid upon the presentation of proper claims sworn to by [such] the witness and approved by the secretary and chairman of the legislative commission.

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

 

________

 

 

CHAPTER 541, AB 355

Assembly Bill No. 355—Committee on Government Affairs

CHAPTER 541

AN ACT relating to state employment; revising the statutory provisions governing the testing of state employees and applicants for certain positions of state employment for the presence of alcohol and other drugs; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 284.4061 is hereby amended to read as follows:

      284.4061  As used in NRS 284.406 to 284.407, inclusive, unless the context otherwise requires:

      1.  “Employee” means a person in the classified service of the state, except:

      (a) Officers and members of the Nevada National Guard;

      (b) Persons engaged in public work for the state but employed by contractors when the performance of the contract is authorized by the legislature or another competent authority; and

      (c) Patient and inmate help in state charitable, penal, mental and correctional institutions.

      2.  “Screening test” means a test of a person’s:

      (a) Breath or blood to detect the general presence of alcohol; or

      (b) Urine [or blood] to detect the general presence of a controlled substance or any other drug,

which could impair that person’s ability to perform the duties of employment safely and efficiently.

      Sec. 2.  NRS 284.4063 is hereby amended to read as follows:

      284.4063  Except as otherwise provided in subsection 5 of NRS 284.4065, an employee who:


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ê1993 Statutes of Nevada, Page 2253 (Chapter 541, AB 355)ê

 

      1.  Fails to notify his supervisor as soon as possible after consuming any drug which could interfere with the safe and efficient performance of his duties;

      2.  Fails or refuses to submit to a screening test as requested by a state agency pursuant to subsection 1 or 2 of NRS 284.4065; or

      3.  After taking a screening test which indicates the presence of a controlled substance, fails to provide proof, within 72 hours after being requested by his appointing authority, that he had taken the controlled substance as directed pursuant to a current and lawful prescription issued in his name,

is subject to disciplinary action.

      Sec. 3.  NRS 284.4065 is hereby amended to read as follows:

      284.4065  1.  Except as otherwise provided in subsection 2, an appointing authority may request an employee to submit to a screening test only if the appointing authority:

      (a) Reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs which are impairing his ability to perform his duties safely and efficiently;

      (b) Informs the employee of the specific facts supporting its belief pursuant to paragraph (a), and prepares a written record of those facts; and

      (c) Informs the employee in writing:

             (1) Of whether the test will be for alcohol, drugs, or both;

             (2) That the results of the test are not admissible in any criminal proceeding against him; and

             (3) That he may refuse the test, but that his refusal may result in his dismissal or in other disciplinary action being taken against him.

      2.  An appointing authority may request an employee to submit to a screening test if the employee:

      (a) Is a law enforcement officer and, during the performance of his duties, he discharges a firearm, other than by accident; or

      (b) During the performance of his duties, drives a motor vehicle in such a manner as to cause bodily injury to himself or another person or substantial damage to property.

For the purposes of this subsection, the director shall, by regulation, define the term “substantial damage to property.”

      3.  An appointing authority may place an employee who submits to a screening test on administrative leave with pay until it receives the results of the test.

      4.  An appointing authority shall:

      (a) Within a reasonable time after an employee submits to a screening test [,] to detect the general presence of a controlled substance or any other drug, allow the employee to obtain at his expense an independent [screening] test of his urine or blood from a laboratory of his choice which is certified by the National Institute on Drug Abuse . [; and]

      (b) Within a reasonable time after an employee submits to a screening test to detect the general presence of alcohol, allow the employee to obtain at his expense an independent test of his blood from a laboratory of his choice.

      (c) Provide the employee with the written results of his screening test within 3 working days after it receives those results.


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ê1993 Statutes of Nevada, Page 2254 (Chapter 541, AB 355)ê

 

      5.  An employee is not subject to disciplinary action for testing positive in a screening test or refusing to submit to a screening test if the appointing authority fails to comply with the provisions of this section.

      6.  An appointing authority shall not use a screening test to harass an employee.

      Sec. 4.  NRS 284.4066 is hereby amended to read as follows:

      284.4066  1.  Each appointing authority shall, subject to the approval of the commission, determine whether each of its positions of employment affect the public safety. The appointing authority shall not hire an applicant for such a position unless he submits to a screening test [.] to detect the general presence of a controlled substance or any other drug. Notice of the provisions of this section must be given to each applicant for such a position at or before the time of application.

      2.  An appointing authority may consider the results of a screening test in determining whether to employ an applicant. If those results indicate the presence of a controlled substance, the appointing authority shall not hire the applicant unless he provides within 72 hours after being requested by the appointing authority, proof that he had taken the controlled substance as directed pursuant to a current and lawful prescription issued in his name.

      3.  An appointing authority shall, at the request of an applicant, provide him with the results of his screening test.

      Sec. 5.  NRS 284.4067 is hereby amended to read as follows:

      284.4067  1.  A screening test [must be:

      (a) Conducted] :

      (a) To detect the general presence of a controlled substance or any other drug, must be conducted by an independent laboratory which is certified by the National Institute on Drug Abuse . [; and

      (b) Administered]

      (b) To detect the general presence of alcohol or of a controlled substance or any other drug, must be administered in such a manner as to protect the person tested from any unnecessary embarrassment.

      2.  Except as otherwise provided in subsection 3, a sample of urine provided for use in a screening test must not be used for any test or purpose without the prior written consent of the person providing the sample. The appointing authority shall ensure that the person retains possession and control of his sample until it is appropriately tagged and sealed with tamper-proof tape.

      3.  If the results of a screening test indicate the presence of [alcohol or] any drug which could impair a person’s ability to perform the duties of employment safely and efficiently:

      (a) The laboratory shall conduct another test of the same sample of urine to ascertain the specific substances and concentration of those substances in the sample; and

      (b) The appointing authority shall provide the person tested with an opportunity to have the same sample tested at his expense by [the] a laboratory of his choice [.] certified by the National Institute on Drug Abuse.

 

________

 

 


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ê1993 Statutes of Nevada, Page 2255ê

 

CHAPTER 542, AB 217

Assembly Bill No. 217—Committee on Education

CHAPTER 542

AN ACT relating to postsecondary education; requiring a postsecondary educational institution not licensed to operate in this state to be accredited before an agent of the institution may be granted an agent’s permit; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 394.470 is hereby amended to read as follows:

      394.470  1.  Each person desiring to solicit or perform the services of an agent in this state must apply to the administrator upon forms provided by the administrator. The application must [be] :

      (a) Be accompanied by evidence of the good reputation and character of the applicant [,] ;

      (b) Be in a form prescribed by the administrator [, include] ;

      (c) Include a copy of the application for an investigation of [his] the applicant’s background by the sheriff [, and state] ; and

      (d) State the name of the institution the applicant intends to represent.

      2.  An agent representing more than one institution must obtain a separate agent’s permit for each institution represented, except that if an agent represents institutions having a common ownership, only one agent’s permit is required with respect to the institutions.

      3.  If any institution the applicant intends to represent does not have a license to operate in this state, the application must be accompanied by:

      (a) The information required of institutions [making application] applying for a license;

      (b) Evidence that the institution meets the criteria established for licensed institutions; [and]

      (c) Evidence of [the required surety bond] compliance with NRS 394.480 and the payment of the fees required by law [.

      2.] ; and

      (d) Evidence that the institution is accredited.

      4.  After review of the application and other information submitted by the applicant, as required by regulation of the commission, and any investigation of the applicant the administrator considers appropriate, the administrator shall grant or deny an agent’s permit to the applicant.

      [3.]5.  The agent’s permit must state in a clear and conspicuous manner at least the following information:

      (a) The date of issuance, effective date and term of the permit.

      (b) The correct name and address of the agent.

      (c) The names of the institutions the agent is authorized to represent.

      [4.]6.  An agent’s permit must not be issued for a term of more than 1 year.


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ê1993 Statutes of Nevada, Page 2256 (Chapter 542, AB 217)ê

 

      [5.]7.  At least 30 days before the expiration of an agent’s permit, the agent must complete and file with the administrator an application for renewal of the permit. The administrator shall review and act upon the renewal application as provided in this section for an original application.

 

________

 

 

CHAPTER 543, AB 102

Assembly Bill No. 102—Committee on Taxation

CHAPTER 543

AN ACT relating to property tax; requiring county treasurers to publish or post quarterly a notice of the dates those taxes are due and the penalties for delinquency; repealing the requirement that county treasurers take an oath concerning the payment of those taxes; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.480 is hereby amended to read as follows:

      361.480  1.  Upon receiving the assessment roll from the county auditor, the ex officio tax receiver shall proceed to receive taxes.

      2.  He shall give notice [forthwith] at least quarterly by publication in some newspaper published in his county, and if none is so published then by posting notices in three public and conspicuous places in the county, specifying:

      (a) The dates when taxes are due; and

      (b) The penalties for delinquency.

      3.  He shall mail to each property owner, or to the holder of the mortgage on that property, an individual tax bill which includes all of the information supplied to him by the county auditor. If the holder of a mortgage receives such a bill on behalf of a property owner, he shall forward the bill or a copy thereof to the owner in the next notice of billing sent to the owner for the mortgage. Failure to receive an individual tax bill does not excuse the taxpayer from the timely payment of his taxes.

      Sec. 2.  NRS 361.490, 361.495 and 361.500 are hereby repealed.

      Sec. 3.  This act becomes effective on July 1, 1993.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 2257ê

 

CHAPTER 544, AB 100

Assembly Bill No. 100—Committee on Ways and Means

CHAPTER 544

AN ACT relating to public schools; extending the time within which a board of county commissioners may impose a tax for enhancing the safety and security of the public schools within the county school district; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 387.197 is hereby amended to read as follows:

      387.197  1.  Upon the approval of a majority of the registered voters of a county voting upon the question, the board of county commissioners shall, in addition to any taxes levied in accordance with NRS 387.195, levy a tax of no more than [3] 2 cents on each $100 of assessed valuation of taxable property within the county for enhancing the safety and security of the public schools within the county school district. Such a tax may not be levied after the fiscal year [1994-95.] 1996-97 and the duration of any tax so levied must expire by limitation on June 30, 1997.

      2.  The tax collected pursuant to subsection 1 and any interest earned from the investment of the proceeds of that tax:

      (a) Must be credited to the county’s school district fund.

      (b) Must be accounted for separately in the fund.

      (c) Must not be considered in the negotiation of the salaries and benefits of persons employed by the school district, unless they are employed by the school district primarily to provide for the safety and security of a public school.

      (d) Must not be considered in the determination of the amount of state support for the school district, or in any way affect the amount of that support.

      3.  A school district in which a tax is imposed pursuant to this section shall not reduce the amount it spends from other sources for the safety and security of the public schools in the district below the amount it spent for that purpose in the fiscal year [1988-89] during which the ballot question is approved by the voters. The school district may use the proceeds of a tax imposed pursuant to this section only to provide additional necessary revenue for that purpose.

      4.  A school district in which a tax is imposed pursuant to this section shall submit a report on its use of the proceeds of the tax to the director of the legislative counsel bureau on or before January 15, [1993,] 1995, for transmittal to the legislature for its review.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 2258ê

 

CHAPTER 545, AB 784

Assembly Bill No. 784—Committee on Commerce

CHAPTER 545

AN ACT relating to public accommodations; expanding the limitation on the civil liability of an owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodginghouse for property left on the premises; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 651.010 is hereby amended to read as follows:

      651.010  1.  [No] An owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodginghouse in this state is not civilly liable for the theft, loss, damage or destruction of any property left in the room of any guest or left in a motor vehicle on the premises, including the parking facilities, of such an establishment because of theft, burglary, fire or otherwise, in the absence of gross neglect by the owner or keeper.

      2.  If an owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodginghouse in this state provides a fireproof safe or vault in which guests may deposit property for safekeeping, and notice of this service is personally given to a guest or posted in the office and the guest’s room, the owner or keeper is not liable for the theft, loss, damage or destruction of any property which is not offered for deposit in the safe or vault by a guest unless the owner or keeper is grossly negligent. An owner or keeper is not obligated to receive property to deposit for safekeeping which exceeds $750 in value or is of a size which cannot easily fit within the safe or vault.

      3.  The liability of the owner or keeper under this section does not exceed the sum of $750 for any property of an individual guest, unless the owner or keeper receives the property for deposit for safekeeping and consents to assume a liability greater than $750 for its theft, loss, damage, or destruction in a written agreement in which the guest specifies the value of the property.

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

 

________

 

 


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

ê1993 Statutes of Nevada, Page 2259ê

 

CHAPTER 546, AB 790

Assembly Bill No. 790—Committee on Government Affairs

CHAPTER 546

AN ACT relating to school property; revising the provisions of Assembly Bill No. 543 of this session to require a school district to comply with the requirements of the building code of a city or county; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Sections 4 and 5 of Assembly Bill No. 543 of this session are hereby repealed.

      Sec. 2.  The title of Assembly Bill No. 543 of this session is hereby amended to read as follows:

AN ACT relating to school property; authorizing the board of trustees of a school district to supervise and inspect certain construction work performed for the school district; allowing the state public works board to waive certain requirements concerning the construction, alteration or repair of a school building and delegate the corresponding powers and duties to the school district; [exempting a school district from complying with the requirements of the building code of a city or county under certain circumstances;] and providing other matters properly relating thereto.

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

 

________

 

 

CHAPTER 547, AB 789

Assembly Bill No. 789—Committee on Judiciary

CHAPTER 547

AN ACT relating to public attorneys; clarifying that an attorney appointed for a limited duration with limited jurisdiction is an employee of the state or a political subdivision of the state for the purposes of a legal action concerning his appointed duties; authorizing such an appointed attorney to engage in the private practice of law under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 252.070 is hereby amended to read as follows:

      252.070  1.  All district attorneys are authorized to appoint deputies, who may transact all official business appertaining to the offices, to the same extent as their principals.

      2.  District attorneys are responsible on their official bonds for all official malfeasance or nonfeasance of the deputies. Bonds for the faithful performance of their official duties may be required of deputies by district attorneys.


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

ê1993 Statutes of Nevada, Page 2260 (Chapter 547, AB 789)ê

 

      3.  All appointments of deputies under the provisions of this section must be in writing, and must, together with the oath of office of the deputies, be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the district attorney legally holds and exercises his office. Revocations of those appointments must also be filed and recorded as provided in this section. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the appointments or revocations.

      4.  Deputy district attorneys of counties whose population is less than 100,000 may engage in the private practice of law. In any other county, except as otherwise provided in NRS 7.065 [,] and this subsection, deputy district attorneys shall not engage in the private practice of law. An attorney appointed to prosecute a person for a limited duration with limited jurisdiction may engage in private practice which does not present a conflict with his appointment.

      5.  Any district attorney may, subject to the approval of the board of county commissioners, appoint such clerical, investigational and operational staff as the execution of duties and the operation of his office may require. The compensation of any person so appointed must be fixed by the board of county commissioners. Investigators employed by a district attorney have the powers of peace officers.

      Sec. 2.  NRS 260.040 is hereby amended to read as follows:

      260.040  1.  The compensation of the public defender must be fixed by the board of county commissioners. The public defender of any two or more counties must be compensated and be permitted private civil practice of the law as determined by the boards of county commissioners of those counties, subject to the provisions of subsection 4 of this section and NRS 7.065.

      2.  The public defender may appoint as many deputies or assistant attorneys, clerks, investigators, stenographers and other employees as he considers necessary to enable him to carry out his responsibilities, with the approval of the board of county commissioners. An assistant attorney must be a qualified attorney licensed to practice in this state and may be placed on a part-time or full-time basis.

      3.  The compensation of persons appointed under subsection 2 must be fixed by the board of county commissioners of the county or counties so served.

      4.  The public defender and his deputies and assistant attorneys in a county whose population is less than 100,000 may engage in the private practice of law. [In] Except as otherwise provided in this subsection, in any other county, the public defender and his deputies and assistant attorneys shall not engage in the private practice of law except as otherwise provided in NRS 7.065. An attorney appointed to defend a person for a limited duration with limited jurisdiction may engage in private practice which does not present a conflict with his appointment.

      5.  The board of county commissioners shall provide office space, furniture, equipment and supplies for the use of the public defender suitable for the conduct of the business of his office. However, the board of county commissioners may provide for an allowance in place of facilities. Each of those items is a charge against the county in which public defender services are rendered.


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

ê1993 Statutes of Nevada, Page 2261 (Chapter 547, AB 789)ê

 

are rendered. If the public defender serves more than one county, expenses that are properly allocable to the business of more than one of those counties must be prorated among the counties concerned.

      Sec. 3.  NRS 41.0307 is hereby amended to read as follows:

      41.0307  As used in NRS 41.031 to 41.039, inclusive:

      1.  “Employee” includes an employee of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law.

      2.  “Employment” includes any services performed by an immune contractor.

      3.  “Immune contractor” means any natural person, professional corporation or professional association which:

      (a) Is an independent contractor with the state pursuant to NRS 284.173; and

      (b) Contracts to provide medical services for the department of prisons.

As used in this subsection, “professional corporation” and “professional association,” have the meanings ascribed to them in NRS 89.020.

      4.  “Public officer” or “officer” includes:

      (a) A member of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law.

      (b) A public defender and any deputy or assistant attorney of a public defender [.] or an attorney appointed to defend a person for a limited duration with limited jurisdiction.

      (c) A district attorney and any deputy or assistant district attorney or an attorney appointed to prosecute a person for a limited duration with limited jurisdiction.

      Sec. 4.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 548, AB 785

Assembly Bill No. 785—Committee on Judiciary

CHAPTER 548

AN ACT relating to statutes; making technical corrections to measures previously approved by the 67th session of the legislature; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  Section 3 of Assembly Bill No. 44 of this session is hereby amended to read as follows:

       Sec. 3.  NRS 122.183 is hereby amended to read as follows:


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

ê1993 Statutes of Nevada, Page 2262 (Chapter 548, AB 785)ê

 

       122.183  [The] 1.  In a county whose population is 400,000 or more, the hours of operation for the office of the commissioner of civil marriages must be the same as the hours of the office in which marriage licenses are issued at the county seat.

       2.  In a county whose population is less than 400,000, the board of county commissioners may, by ordinance, determine the hours of operation for the office of the commissioner of civil marriages.

      2.  Assembly Bill No. 44 of this session is hereby amended by adding thereto a new section to read as follows:

       Sec. 4.  Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1993.

      Sec. 2.  1.  Section 7 of Assembly Bill No. 499 of this session is hereby amended to read as follows:

       Sec. 7.  NRS 484.3792 is hereby amended to read as follows:

       484.3792  1.  Any person who violates the provisions of NRS 484.379:

       (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.3794, the court shall:

             (1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time:

             (2) Unless the sentence is reduced pursuant to NRS 484.3794, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform 48 hours of work for the community while dressed in distinctive garb which identifies him as having violated the provisions of NRS 484.379; and

             (3) Fine him not less than $200 nor more than 1,000.

[The teacher of the educational course shall evaluate the offender and, if he finds the offender is an abuser of alcohol or controlled substances, he shall promptly report his findings to the court for its use.]

       (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court [shall sentence him to imprisonment] :

             (1) Shall sentence him to:

             (I) Imprisonment for not less than 10 days nor more than 6 months in jail [and] ; or

             (II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive, or 5.0755 to 5.079, inclusive;

             (2) Shall fine him not less than $500 nor more than $1,000 [.] ; and

             (3) May order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of section 5 of this act. A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.


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

ê1993 Statutes of Nevada, Page 2263 (Chapter 548, AB 785)ê

 

       (c) For a third or subsequent offense within 7 years, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

       2.  Any offense which occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

       3.  No person convicted of violating the provisions of NRS 484.379 may be released on probation, and no sentence imposed for violating those provisions may be suspended except, as provided in NRS 4.373, 5.055 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. No prosecuting attorney may dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

       4.  Any term of confinement imposed under the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

       5.  Jail sentences simultaneously imposed under this section and NRS 483.560 or 485.330 must run consecutively.

       6.  If the person who violated the provisions of NRS 484.379 possesses a driver’s license issued by a state other than Nevada and does not reside in Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

       (a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or


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

ê1993 Statutes of Nevada, Page 2264 (Chapter 548, AB 785)ê

 

       (b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,

and the court shall notify the department if the person fails to complete the assigned course within the specified time.

       7.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

       8.  As used in this section, unless the context otherwise requires, “offense” means a violation of NRS 484.379 or 484.3795 or homicide resulting from the driving of a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same or similar conduct.

      2.  Section 8 of Assembly Bill No. 499 of this session is hereby amended to read as follows:

       Sec. 8.  NRS 484.3794 is hereby amended to read as follows:

       484.3794  1.  A person who is found guilty of a first or second violation of NRS 484.379 within 7 years may, at that time or any time until he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse for at least 1 year if:

       (a) He is classified as an alcoholic or abuser of drugs by a:

             (1) Counselor certified to make that classification by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources; or

             (2) Physician certified to make that classification by the board of medical examiners;

       (b) He agrees to pay the costs of the treatment; and

       (c) He has served or will serve a term of imprisonment in jail of:

             (1) One day, or has performed or will perform 24 hours of work for the community, if it is his first offense within 7 years; or

             (2) Five days if it is his second offense within 7 years.

       2.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application if the prosecuting attorney requests it or may order a hearing on its own motion.

       3.  At the hearing on the application for treatment the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before it.

       4.  In granting an application for treatment the court shall:

       (a) Immediately sentence the offender and enter judgment accordingly.

       (b) Suspend the sentence for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility , [approved by the state,] that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

       (c) Advise the offender that:


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

ê1993 Statutes of Nevada, Page 2265 (Chapter 548, AB 785)ê

 

             (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

             (2) If he is not accepted for treatment by such a facility or fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

             (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction remains on his record of criminal history.

       5.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

       (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment not provided in this section.

       (b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.

       6.  The court shall notify the department, on a form approved by the department, upon granting the offender’s application for treatment and his failure to be accepted for or complete treatment.

      Sec. 3.  The title of Senate Bill No. 54 of this session is hereby amended to read as follows:

AN ACT relating to meetings of public bodies; requiring the permanent retention of minutes of public meetings; and providing other matters properly relating thereto.

      Sec. 4.  Section 1 of Senate Bill No. 191 of this session is hereby amended to read as follows:

       Section 1.  NRS 483.560 is hereby amended to read as follows:

       483.560  1.  Except as provided in subsection 2, any person who drives a motor vehicle on a highway or on premises to which the public has access at a time when his driver’s license has been canceled, revoked or suspended is guilty of a misdemeanor.

       2.  [If] Except as otherwise provided in this subsection, if the license was suspended, revoked or restricted because of a violation of NRS 484.379, 484.3795, 484.384 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of law of any other jurisdiction which prohibits the same conduct, he shall be punished by imprisonment in jail for not less than 30 days nor more than 6 months, and by a fine of not less than $500 nor more than $1,000. No person who is punished under this subsection may be granted probation and no sentence imposed for such a violation may be suspended. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty or of nolo contendere to a lesser charge or for any other reason unless, in his judgment the charge is not supported by probable cause or cannot be proved at trial.


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

ê1993 Statutes of Nevada, Page 2266 (Chapter 548, AB 785)ê

 

The provisions of this subsection do not apply if the period of revocation has expired but the person has not reinstated his license.

       3.  Any term of confinement imposed under the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted. However, the full term of confinement must be served within 6 months after the date of conviction, and any segment of time the person is confined must not consist of less than 24 hours.

       4.  Jail sentences simultaneously imposed under this section and NRS 484.3792 or 484.3794 must run consecutively.

       5.  The department upon receiving a record of the conviction or punishment of any person under this section upon a charge of driving a vehicle while his license was:

       (a) Suspended shall extend the period of the suspension for an additional like period.

       (b) Revoked shall extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.

       (c) Restricted shall revoke his restricted license and extend the period of ineligibility for a license, permit or privilege to drive for an additional year.

       (d) Suspended or canceled for an indefinite period, shall suspend his license for an additional 6 months for the first violation and 1 year for each subsequent violation.

Suspensions and revocations under this section must run consecutively.

      Sec. 5.  Section 1 of Senate Bill No. 310 of this session is hereby amended to read as follows:

       Section 1.  Chapter 233B of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  Except as otherwise provided in this section, each agency which submits a regulation for examination and revision pursuant to subsection 1 or 2 of NRS 233B.063 shall reimburse the legislative counsel bureau for the cost of the examination and revision. The legislative commission shall establish the amount of reimbursement required pursuant to this subsection.

       2.  The reimbursement required pursuant to subsection 1:

       (a) Must be an hourly fee for each hour spent by employees of the legal division of the legislative counsel bureau in examining and revising the regulation. The hourly fee must not exceed the average hourly salary of the persons whose salaries are reimbursed pursuant to this section.

       (b) Must be established at a rate calculated to generate the amount approved in the budget of the legislative counsel bureau for such reimbursement.

       (c) Must not be charged to agencies whose budgets are supported entirely from the state general fund.

      Sec. 6.  Section 134 of Senate Bill No. 314 of this session is hereby amended to read as follows:

       Sec. 134.  NRS 333.020 is hereby amended to read as follows:


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

ê1993 Statutes of Nevada, Page 2267 (Chapter 548, AB 785)ê

 

       333.020  [The following words shall have the following meaning within the purview of this chapter, and shall be so construed:] As used in this chapter, unless the context otherwise requires:

       1.  “Chief” means the chief of the purchasing division.

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

       3.  “Purchasing division” means the purchasing division of the department of general services.

       4.  “Using agencies” means any and all officers, departments, institutions, boards, commissions and other agencies in the executive department of the state government which derive their support from public funds in whole or in part, whether the [same may be] funds are provided by the State of Nevada, [funds] received from the Federal Government or any branch, bureau or agency thereof, or [funds] derived from private or other sources, excepting local governments as defined in NRS 354.474, conservation districts and irrigation districts. The University [of Nevada System and the desert research institute of the University of Nevada System are not “using agencies”] and Community College System of Nevada is not a “using agency” except as otherwise provided in NRS 333.461.

       5.  “Volunteer fire department” means a volunteer fire department which pays industrial insurance premiums pursuant to the provisions of chapter 616 of NRS.

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

 

________

 

 

CHAPTER 549, AB 776

Assembly Bill No. 776—Committee on Ways and Means

CHAPTER 549

AN ACT relating to governmental finances; abolishing the department of insurance’s regulatory account; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 696B.520 is hereby amended to read as follows:

      696B.520  1.  The commissioner may apply for and any district court may grant such restraining orders, temporary and permanent injunctions and other orders as may be deemed necessary to enforce the commissioner’s order.

      2.  A violation of any order of the commissioner issued under NRS 696B.500 by any person as to whom the order is in effect subjects the person to a penalty of not more than $10,000, to be collected in a civil action brought by the attorney general in the name of the State of Nevada. The attorney general shall deposit all money so collected in the state treasury for credit to the [department of insurance’s regulatory account.] state general fund.


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

ê1993 Statutes of Nevada, Page 2268 (Chapter 549, AB 776)ê

 

      Sec. 2.  NRS 452.380, 684A.244, 684A.246 and 689.710 are hereby repealed.

      Sec. 3.  On July 1, 1993, or as soon thereafter as practicable, the state controller shall transfer the uncommitted balance of the department of insurance’s regulatory account to the state general fund.

      Sec. 4.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 550, AB 766

Assembly Bill No. 766—Committee on Transportation

CHAPTER 550

AN ACT relating to regional transportation commissions; clarifying the provisions governing the composition of regional transportation commissions in certain counties; revising the powers of the regional transportation commission concerning the adoption of certain plans and federal money and projects; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 373.040 is hereby amended to read as follows:

      373.040  1.  In counties whose population is 100,000 or more, the commission must be composed of representatives selected [as follows:] by the following entities from among their members:

      (a) Two by the board.

      (b) Two by the governing body of the largest city.

      (c) One by the governing body of each additional city in the county.

      2.  In counties whose population is less than 100,000, the commission must be composed of representatives selected as follows:

      (a) If the county contains a city:

             (1) Two by the board.

             (2) One by the governing body of the largest city.

      (b) If the county contains no city, the board shall select:

             (1) Two members of the board; and

             (2) One representative of the public, who is a resident of the largest town, if any, in the county.

      3.  In Carson City, the commission must be composed of representatives selected by the board of supervisors as follows:

      (a) Two members of the board of supervisors.

      (b) One representative of the city at large.

      4.  The first representatives must be selected within 30 days after passage of the ordinance creating the commission, and, except as otherwise provided in subsection 5, must serve until the next ensuing December 31 of an even-numbered year. The representative of any city incorporated after passage of the ordinance must be selected within 30 days after the first meeting of the governing body, and, except as otherwise provided in subsection 5, must serve until the next ensuing December 31 of an even-numbered year. Their successors must serve for terms of 2 years, and vacancies must be filled for the unexpired term.


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ê1993 Statutes of Nevada, Page 2269 (Chapter 550, AB 766)ê

 

successors must serve for terms of 2 years, and vacancies must be filled for the unexpired term.

      5.  In counties whose population is 400,000 or more, the first representatives and the representative of any city incorporated after passage of the ordinance must serve until the next ensuing June 30 of an odd-numbered year.

      Sec. 2.  NRS 373.113 is hereby amended to read as follows:

      373.113  In any county in which a regional transportation commission has been created by ordinance, the commission may:

      1.  Receive and disburse federal funds ; [for transit or other highway and transportation purposes;]

      2.  Submit project applications and programs of projects to [the Urban Mass Transportation Administration of the United States Department of Transportation or to other] federal agencies;

      3.  Enter into formal [project] agreements concerning projects with [the Urban Mass Transportation Administration of the United States Department of Transportation;] federal agencies; and

      4.  Conduct public hearings [on transit and other highway and transportation matters] and certify that such hearings were conducted.

      Sec. 3.  NRS 373.130 is hereby amended to read as follows:

      373.130  1.  Money for the payment of the cost of a project within the area embraced by [the streets and highways plan described in NRS 373.030] a regional plan for transportation established pursuant to NRS 373.1161 may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2 of this section, or, subject to any pledges, liens and other contractual limitations made pursuant to the provisions of this chapter, may be obtained by direct distribution from the regional street and highway fund, except to the extent any such use is prevented by the provisions of NRS 373.150, or may be obtained both by the issuance of such securities and by such direct distribution, as the board may determine. Money for street and highway construction outside the area embraced by the plan may be distributed directly from the regional street and highway fund as provided in NRS 373.150.

      2.  The board may, after the enactment of an ordinance as authorized by NRS 373.030, issue revenue bonds and other revenue securities, on the behalf and in the name of the county:

      (a) The total of all of which, issued and outstanding at any one time, must not be in an amount requiring a total debt service in excess of the estimated receipts to be derived from the tax imposed pursuant to the provisions of NRS 373.030;

      (b) Which must not be general obligations of the county or a charge on any real estate therein; and

      (c) Which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the motor vehicle fuel taxes designated in this chapter, except such portion of the receipts as may be required for the direct distributions authorized by NRS 373.150.

      3.  A county is authorized to issue bonds without the necessity of their being authorized at any election in such manner and with such terms as provided in this chapter.


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ê1993 Statutes of Nevada, Page 2270 (Chapter 550, AB 766)ê

 

      4.  Subject to the provisions of this chapter, for any project authorized therein the board of any county may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence obligations by the issuance of bonds and other county securities, and in connection with the undertaking or project, the board may otherwise proceed as provided in the Local Government Securities Law.

      5.  All such securities constitute special obligations payable from the net receipts of the motor vehicle fuel taxes designated in this chapter except as otherwise provided in NRS 373.150, and the pledge of revenues to secure the payment of the securities must be limited to the net receipts.

      6.  Except for:

      (a) Any notes or warrants which are funded with the proceeds of interim debentures or bonds;

      (b) Any interim debentures which are funded with the proceeds of bonds;

      (c) Any temporary bonds which are exchanged for definitive bonds;

      (d) Any bonds which are reissued or which are refunded; and

      (e) The use of any profit from any investment and reinvestment for the payment of any bonds or other securities issued pursuant to the provisions of this chapter,

all bonds and other securities issued pursuant to the provisions of this chapter, must be payable solely from the proceeds of motor vehicle fuel taxes collected by or remitted to the county pursuant to chapter 365 of NRS, as supplemented by this chapter. Receipts of the taxes levied in NRS 365.180 and 365.190 and accounted for in the general road fund of the county may be used by the county for the payment of securities issued pursuant to the provisions of this chapter and may be pledged therefor. If during any period any securities payable from these tax proceeds are outstanding, the tax receipts must not be used directly for the construction, maintenance and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 must not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time the tax receipts are so apportioned, provision has been made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as they become due, as provided in the securities, the ordinance authorizing their issuance, and any other instrument appertaining to the securities.

      7.  The ordinance authorizing the issuance of any bond or other revenue security hereunder must describe the purpose for which it is issued at least in general terms and may describe the purpose in detail. This section does not require the purpose so stated to be set forth in the detail in which the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, or prevent the modification by the board of details as to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to approval by the commission of the project as so modified.

      Sec. 4.  NRS 373.140 is hereby amended to read as follows:

      373.140  1.  After the enactment of an ordinance as authorized in NRS 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from the county motor vehicle fuel tax must [be] first be submitted to the regional transportation commission.


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ê1993 Statutes of Nevada, Page 2271 (Chapter 550, AB 766)ê

 

projects in the county which are proposed to be financed from the county motor vehicle fuel tax must [be] first be submitted to the regional transportation commission.

      2.  Where the project is within the area covered by [the streets and highways plan described in NRS 373.030,] a regional plan for transportation established pursuant to NRS 373.1161, the commission shall evaluate it in terms of:

      (a) The priorities established by the plan;

      (b) The relation of the proposed work to other projects already constructed or authorized;

      (c) The relative need for the project in comparison with others proposed; and

      (d) The money available.

If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of the county motor vehicle fuel tax authorized by this chapter, except to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred hereunder, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.130. If the board authorizes the project, the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by [the streets and highways plan described in NRS 373.030.] a regional plan for transportation established pursuant to NRS 373.1161.

      3.  Where the project is outside the area covered by [the] a plan, the commission shall evaluate it in terms of:

      (a) Its relation to the [streets and highway plan;] regional plan for transportation established pursuant to NRS 373.1161 if any;

      (b) The relation of the proposed work to other projects constructed or authorized;

      (c) The relative need for the proposed work in relation to others proposed by the same city or town; and

      (d) The availability of money.

If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.

      4.  In counties whose population is less than 100,000, the commission shall certify the adoption of the plan in compliance with subsections 2 and 3.

      Sec. 5.  NRS 373.150 is hereby amended to read as follows:

      373.150  1.  Except as otherwise provided in subsection 3, any city or town whose territory is not included wholly or in part in [the streets and highways plan described in NRS 373.030] a regional plan for transportation established pursuant to NRS 373.1161 may receive a distribution in aid of an approved construction project from the regional street and highway fund, which shall not exceed the amount allocated to such city or town under subsection 2.


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ê1993 Statutes of Nevada, Page 2272 (Chapter 550, AB 766)ê

 

which shall not exceed the amount allocated to such city or town under subsection 2.

      2.  The share of revenue from the county motor vehicle fuel tax allocated to each such city or town [shall] must be in the proportion which its total assessed valuation bears to the total assessed valuation of the entire county. Any amount so allocated which is not distributed currently in aid of an approved project [shall] must remain in the fund to the credit of that city or town.

      3.  The unrefunded balance of the tax collected under this chapter which is subject to refund by reason of the use of such taxed fuel as aviation fuel, [shall] must be allocated to the local governments which own or control any airports, landing areas and air navigation facilities within the county in the manner and for the purposes described in NRS 494.046.

      Sec. 6.  Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1993.

 

________

 

 

CHAPTER 551, AB 764

Assembly Bill No. 764—Committee on Ways and Means

CHAPTER 551

AN ACT relating to trade practices; making various changes to the statutes governing credit service organizations; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

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 and 3 of this act.

      Sec. 2.  1.  An organization shall not advertise its services or conduct business in this state unless it has filed an application for registration on a form prescribed by the division, and has received a certificate of registration from the division. A certificate of registration is not transferable or assignable.

      2.  The application for registration must be accompanied by a $25 fee and a bond in compliance with the requirements of NRS 598.285.

      3.  The division shall adopt such regulations as it deems necessary to carry out the provisions of this section.

      Sec. 3.  An organization shall file with the division a designation and acceptance of and continuously maintain a resident agent for service of legal process.

      Sec. 4.  NRS 598.281 is hereby amended to read as follows:

      598.281  As used in NRS 598.281 to 598.289, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:

      1.  “Buyer” means a natural person who is solicited to purchase or who purchases the services of an organization which provides credit services.

      2.  “Commissioner” means the commissioner of consumer affairs.


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ê1993 Statutes of Nevada, Page 2273 (Chapter 551, AB 764)ê

 

      3.  “Division” means the consumer affairs division of the department of commerce.

      4.  “Extension of credit” means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family or household purposes.

      5.  “Organization”:

      (a) Means a person who, with respect to the extension of credit by others, sells, provides or performs, or represents that he can or will sell, provide or perform, any of the following services, in return for the payment of money or other valuable consideration:

             (1) Improving a buyer’s credit record, history or rating.

             (2) Obtaining an extension of credit for a buyer.

             (3) Providing counseling or assistance to a person in establishing or effecting a plan for the payment of his indebtedness, unless such counseling or assistance is provided by and is within the scope of the authorized practice of a debt adjuster licensed pursuant to chapter 676 of NRS.

             (4) Providing advice or assistance to a buyer with regard to either subparagraph (1) or (2).

      (b) Does not include any of the following:

             (1) A person organized, chartered or holding a license or authorization certificate to make loans or extensions of credit pursuant to the laws of this state or the United States who is subject to regulation and supervision by an officer or agency of this state or the United States.

             (2) A bank or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.

             (3) A nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code.

             (4) A person licensed as a real estate broker by this state where the person is acting within the course and scope of that license.

             (5) A person licensed to practice law in this state where the person renders services within the course and scope of his practice as an attorney at law [.] , unless the person is rendering such services in the course and scope of employment by or other affiliation with an organization.

             (6) A broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission where the broker-dealer is acting within the course and scope of such regulation.

             (7) A person licensed as a debt adjuster pursuant to chapter 676 of NRS.

             (8) A reporting agency.

      6.  “Reporting agency” means a person who, for fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating information regarding the credit of or other information regarding consumers to furnish consumer reports to third parties, regardless of the means or facility of commerce used to prepare or furnish the consumer reports. The term does not include:

      (a) A person solely for the reason that he conveys a decision regarding whether to guarantee a check in response to a request by a third party;

      (b) A person who obtains or creates a consumer report and provides the report or information contained in it to a subsidiary or affiliate; or


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ê1993 Statutes of Nevada, Page 2274 (Chapter 551, AB 764)ê

 

      (c) A person licensed pursuant to chapter 463 of NRS.

      Sec. 5.  NRS 598.282 is hereby amended to read as follows:

      598.282  An organization and its agents, employees and representatives who sell or attempt to sell the services of the organization, shall not:

      1.  Charge or receive any money or other valuable consideration before full and complete performance of the services the organization has agreed to perform for or on behalf of the buyer . [, unless the organization has, in conformity with NRS 598.285, obtained a bond, letter of credit or certificate of deposit.]

      2.  Charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit which is or will be extended to the buyer is upon substantially the same terms as those available to the general public.

      3.  Make, counsel or advise any buyer to make, any statement which is untrue or misleading and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, to a consumer credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer’s creditworthiness, credit standing or credit capacity.

      4.  Make or use any untrue or misleading representations in the offer or sale of the services of an organization . [or engage,] For the purposes of this subsection, a “misleading representation” includes a guarantee that:

      (a) The organization is able to remove information that is adverse to the buyer’s ability to obtain credit from the buyer’s credit record, history or rating.

      (b) The organization is able to obtain an extension of credit for the buyer regardless of the buyer’s existing credit record, history or rating.

      5.  Engage, directly or indirectly, in any act, practice or course of business which operates or would operate as a fraud or deception upon any person in connection with the offer or sale of the services of an organization.

      6.  Remove, or assist or advise the buyer to remove from the buyer’s credit record, history or rating, information that is adverse to the buyer’s ability to obtain credit if the information is accurate and not obsolete.

      7.  Create, or assist or advise the buyer to create a new credit record, history or rating by using a different name, address, social security number, employee identification number or other misleading information.

      8.  Attempt to transfer or assign the organization’s certificate of registration.

      9.  Submit a buyer’s dispute to a consumer credit reporting agency without the buyer’s knowledge.

      10.  Call, or authorize any other person who is not the buyer to call a consumer credit reporting agency and portray himself as the buyer.

      Sec. 6.  NRS 598.283 is hereby amended to read as follows:

      598.283  1.  Before the execution of a contract between the buyer and an organization or before the receipt by the organization of any money or other valuable consideration, whichever occurs first, the organization shall provide the buyer, in writing:

      [1.](a) A statement:


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ê1993 Statutes of Nevada, Page 2275 (Chapter 551, AB 764)ê

 

      [(a)](1) That the buyer has a right pursuant to 15 U.S.C. §§ 1681g and 1681h to receive disclosure of all information, except medical information, in any file on him maintained by a consumer credit reporting agency;

      [(b)](2) That 15 U.S.C. § 1681j requires that this disclosure be made free to the [consumer] buyer if he requests it within 30 days after receipt of notice of a denial of credit;

      [(c)](3) Of the approximate cost to the [consumer] buyer of receiving this disclosure when there has not been a denial of credit; and

      [(d)](4) That the buyer has the right pursuant to 15 U.S.C. § 1681i to dispute the completeness or accuracy of any item contained in any file on him maintained by any consumer credit reporting agency.

      [2.](b) A detailed description of the services to be performed by the organization for the buyer and the total amount the buyer will become obligated to pay for the services.

      [3.  If the organization is required to obtain a bond, letter of credit or certificate of deposit pursuant to NRS 598.282, a]

      (c) A statement that the buyer has a right to proceed against the bond [, letter of credit or certificate of deposit] filed by the organization under the circumstances and in the manner set forth in NRS 598.285.

      [4.]The statement provided pursuant to this paragraph must include the name and address of the corporate surety executing the bond.

      (d) A statement that the buyer may cancel a contract for the services of an organization within 5 days after its execution by written notice mailed or delivered to the organization.

      (e) A statement identifying the availability of any nonprofit association which provides services similar to those offered by the organization. The statement provided pursuant to this paragraph must include the association’s telephone number, including the association’s national toll-free telephone number, if any.

      2.  The written information provided pursuant to subsection 1 must be printed in at least 10-point bold type and must include the following statement or a similar statement approved by the division:

 

RIGHTS OF CONSUMERS REGARDING CREDIT FILES PURSUANT TO STATE AND FEDERAL LAW

 

       You have the right to obtain a copy of your credit file from a consumer credit reporting agency. There is no fee if, within the past 30 days, you have been turned down for credit, employment or insurance because of information in your credit report. The consumer credit reporting agency is obligated to provide someone to help you interpret the information in your credit file.

       You have a right to dispute inaccurate information by contacting the consumer credit reporting agency directly. However, neither you nor any credit service organization has the right to have accurate, current and verifiable information removed from your credit report. Generally, under the Fair Credit Reporting Act, the consumer credit reporting agency is obligated to remove accurate, negative information from your report only if it is more than 7 years old and bankruptcy information can be reported for 10 years.


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ê1993 Statutes of Nevada, Page 2276 (Chapter 551, AB 764)ê

 

be reported for 10 years. If you have notified a credit reporting agency that you dispute the accuracy of information in your credit file, the consumer credit reporting agency is obligated to make an investigation and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this service. Any relevant information and copies of all documents you have concerning the disputed information should be given to the consumer credit reporting agency. If the investigation does not resolve the dispute to your satisfaction, you may send a brief statement to the consumer credit reporting agency to keep in your credit file, explaining why you think the information in the credit file is inaccurate. The consumer credit reporting agency is obligated to include your statement or a summary of your statement about disputed information in any report it issues about you.

 

RIGHTS OF CONSUMERS REGARDING CANCELLATION OF A CONTRACT

 

       You have a right to give written notice of your intent to cancel a contract with a credit service organization for any reason within 5 working days from the date you signed it. If for any reason you do cancel a contract during this time, you do not owe any money. You have a right to sue a credit service organization if it misleads you.

 

      3.  The organization shall retain a copy of the written information it provides pursuant to the requirements of subsections 1 and 2 for not less than 2 years.

      Sec. 7.  NRS 598.284 is hereby amended to read as follows:

      598.284  1.  A contract between a buyer and an organization for the purchase of the services of the organization:

      [1.](a) Must be in writing;

      [2.](b) Must be signed by the buyer;

      [3.](c) Must be dated;

      [4.  May be canceled by the buyer] and

      (d) Must clearly indicate above the signature line that the buyer may cancel the contract within 5 days after its execution by giving written notice to the organization of his intent to cancel the contract. If the notice is mailed, it must be postmarked not later than 5 days after the execution of the contract.

      2.  A copy of each contract executed by a buyer and an organization must be retained by the organization for not less than 2 years.

      Sec. 8.  NRS 598.285 is hereby amended to read as follows:

      598.285  1.  [If an organization is required to obtain a bond, letter of credit or certificate of deposit pursuant to NRS 598.282, it shall deposit with the division:

      (a) A] An organization shall obtain and deposit with the division a bond executed by a corporate surety approved by the commissioner and licensed to do business in this state . [;

      (b) An irrevocable letter of credit of which the owner of the organization is the obligor and issued by a bank whose deposits are federally insured; or


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ê1993 Statutes of Nevada, Page 2277 (Chapter 551, AB 764)ê

 

      (c) A certificate of deposit in a federally insured financial institution, which may be withdrawn only on the order of the commissioner, except that the interest may accrue to the owner.]

      2.  The amount of the bond [, letter of credit or certificate of deposit] must be [$50,000,] $100,000 and the bond [, letter of credit or certificate of deposit] must be conditioned on compliance by the owner with the provisions of NRS 598.282 to 598.286, inclusive, and sections 2 and 3 of this act, and the terms of the contract with a buyer.

      3.  A buyer who is injured because of breach of contract or bankruptcy may bring and maintain an action to recover against the bond . [, letter of credit or certificate of deposit.]

      4.  The liability of the surety does not exceed the amount of the bond regardless of the number of claims filed or the aggregate amount claimed. If the amount claimed exceeds the amount of the bond, the surety shall deposit the amount of the bond with the division which will distribute the money to claimants entitled to restitution. The surety is then relieved of all liability under the bond.

      5.  The organization shall maintain the bond in full force while it is doing business and for not less than 2 years after the organization ceases doing business in this state. The organization shall keep accurate records of the bond and the payments made on the premium. These records must be open to inspection by the division during business hours. It shall notify the division no later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the division.

      6.  The division may apply for a writ of mandate to require the organization to register or to deposit and maintain the [security] bond required by this section.

      Sec. 9.  NRS 598.286 is hereby amended to read as follows:

      598.286  1.  Any waiver by a buyer of the provisions of NRS 598.282 to 598.287, inclusive, or sections 2 and 3 of this act, is contrary to public policy and is void and unenforceable. Any attempt by an organization to have a buyer waive rights given by NRS 598.282 to 598.287, inclusive, or sections 2 and 3 of this act, is unlawful.

      2.  In any proceeding involving NRS 598.281 to 598.289, inclusive, or section 2 or 3 of this act, the burden of proving an exemption or an exception from a definition is upon the person claiming it.

      Sec. 10.  NRS 598.287 is hereby amended to read as follows:

      598.287  A buyer injured by a violation of NRS 598.282 to 598.286, inclusive, or section 2 or 3 of this act, or by a breach by an organization of a contract subject to those sections, may bring an action for recovery of damages [.] , for injunctive relief or for both recovery of damages and injunctive relief. Judgment for damages must be entered for actual damages, but in no case less than the amount paid by the buyer to the organization, plus reasonable attorney’s fees and costs. If the court deems it proper, the court may award punitive damages.

      Sec. 11.  NRS 598.288 is hereby amended to read as follows:

      598.288  1.  Except as otherwise provided in subsection 2, a person who violates any provision of NRS 598.282 to 598.286, inclusive, or section 2 or 3 of this act, is guilty of a misdemeanor.


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ê1993 Statutes of Nevada, Page 2278 (Chapter 551, AB 764)ê

 

      2.  A person who breaches a contract subject to NRS 598.282 to 598.286, inclusive, and sections 2 and 3 of this act, is not guilty of a misdemeanor solely because of the breach.

      Sec. 12.  NRS 598.289 is hereby amended to read as follows:

      598.289  1.  The provisions of NRS 598.282 to 598.287, inclusive, and sections 2 and 3 of this act, are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with any other applicable provision of law.

      2.  The remedies provided in NRS 598.285, 598.286 and 598.287 for violation of any provision of NRS 598.282 to 598.286, inclusive, or section 2 or 3 of this act, are in addition to any other procedures or remedies for any violation or conduct provided for in any other law.

 

________

 

 

CHAPTER 552, AB 762

Assembly Bill No. 762—Committee on Ways and Means

CHAPTER 552

AN ACT relating to economic development; authorizing the commission on economic development to charge fees for certain services it provides; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 231.125 is hereby amended to read as follows:

      231.125  1.  The [executive director of the] commission on economic development may charge such fees for [materials] :

      (a) Materials prepared for distribution by the commission [as may be necessary to cover the costs of preparation and mailing.] ;

      (b) Advertising in materials prepared by the commission; and

      (c) Services performed by the commission on behalf of others, such as the procurement of permits,

as it deems necessary to support the activities of the commission.

      2.  All such fees must be deposited with the state treasurer for credit to the commission [, and:

      (a) May] and may be expended in addition to other money appropriated for the support of the commission.

      [(b) Must be expended exclusively for materials and labor incident to preparing and printing such materials for distribution.]

      Sec. 2.  This act becomes effective on July 1, 1993.

 

________

 

 


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ê1993 Statutes of Nevada, Page 2279ê

 

CHAPTER 553, AB 758

Assembly Bill No. 758—Committee on Government Affairs

CHAPTER 553

AN ACT relating to state securities; authorizing the issuance of state securities for general savings or for savings to defray the costs of college; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 349 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A particular issue of state securities may be sold as an investment for the purpose of accumulating money for the future generally or to defray prospectively the anticipated costs of college if:

      (a) The resolution authorizing its issuance states that purpose and the state board of examiners approves the sale for that purpose; and

      (b) The resolution for issuance provides for the payment of compound interest on the securities.

      2.  The resolution authorizing the issuance of securities for the purposes described in subsection 1:

      (a) May describe the securities by a designation including the word “saving” or the phrase “saving for college”;

      (b) Must include a disclaimer that the state does not guarantee that the amount received at maturity will be adequate to meet the costs of college or other intended purpose; and

      (c) Must include a disclaimer that the state does not guarantee the price for which a security may be sold before it matures.

      Sec. 2.  NRS 349.150 is hereby amended to read as follows:

      349.150  NRS 349.150 to 349.364, inclusive, and section 1 of this act may be cited as the State Securities Law.

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

 

________

 

 

CHAPTER 554, AB 756

Assembly Bill No. 756—Committee on Commerce

CHAPTER 554

AN ACT relating to banks; authorizing the licensure of banks by the commissioner of insurance to sell annuities; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 662.015 is hereby amended to read as follows:

      662.015  1.  In addition to the powers conferred by law upon private corporations, a bank may:


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ê1993 Statutes of Nevada, Page 2280 (Chapter 554, AB 756)ê

 

      (a) Exercise by its board of directors or authorized officers and agents, subject to law, all powers necessary to carry on the business of banking, by discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of indebtedness, by receiving deposits, by buying and selling exchange, coin and bullion and by loaning money on personal security or real and personal property. At the time of making loans, banks may take and receive interest or discounts in advance.

      (b) Adopt regulations for its own government not inconsistent with the constitution and laws of this state.

      (c) Issue, advise and confirm letters of credit authorizing the beneficiaries to draw upon the bank or its correspondents.

      (d) Receive money for transmission.

      (e) Establish and become a member of a clearing house association and pledge assets required for its qualification.

      (f) Exercise any authority and perform all acts that a national bank may exercise or perform, with the consent and written approval of the commissioner.

      (g) Provide for the performance of the services of a bank service corporation, such as data processing and bookkeeping, subject to any regulations which may be adopted by the commissioner.

      (h) Unless otherwise specifically prohibited by federal law, sell annuities if licensed by the commissioner of insurance.

      2.  A bank may purchase, hold and convey real property:

      (a) As is necessary for the convenient transaction of its business, including furniture and fixtures, with its banking offices and for future site expansion, which investment must not exceed, except as otherwise provided in this section, 60 percent of its capital accounts plus subordinated capital notes and debentures. The commissioner may, in his discretion, authorize any bank located in a city whose population is more than 10,000 to invest more than 60 percent of its capital accounts plus subordinated capital notes and debentures in its banking houses, furniture and fixtures.

      (b) As is mortgaged to it in good faith by way of security for loans made or money due to the bank.

      (c) As is permitted by NRS 662.103.

      3.  Nothing in this section prohibits any bank from holding, developing or disposing of any real property it may acquire through the collection of debts due it. Any real property acquired through the collection of debts due it may not be held for a longer time than 10 years. It must be sold at private or public sale within 30 days thereafter. During the time that the bank holds the real property, the bank shall charge off the real property on a schedule of not less than 10 percent per year, or at a greater percentage per year as the commissioner may require.

      Sec. 2.  NRS 662.235 is hereby amended to read as follows:

      662.235  1.  Any bank organized under this Title may state in its articles of incorporation that it will carry on a trust company business in connection with the banking business, and in addition to the powers conferred upon banks may:

      (a) Act as trustee under any mortgage or bond of any person, firm or corporation, or of any municipality or body politic.


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ê1993 Statutes of Nevada, Page 2281 (Chapter 554, AB 756)ê

 

      (b) Accept and execute any municipal , [or] corporate or individual trust not inconsistent with the laws of this state.

      (c) Act under the order or appointment of any court as guardian, commissioner, receiver or trustee.

      (d) Act as executor or trustee under any will.

      (e) Act as fiscal or transfer agent of any state, municipality, body politic or corporation, and in a capacity to receive and disburse money and register, transfer and countersign certificates of stock, bonds and other evidences of indebtedness.

      (f) Act as local or resident agent of foreign corporations.

      2.  [No bank shall act as agent for any insurance company.

      3.]  Any such bank holding any asset as a fiduciary shall:

      (a) Segregate all such assets from any other assets of the bank and from the assets of any other trust, except as may be expressly provided otherwise by law or by the writing creating the trust.

      (b) Record such assets in a separate set of books maintained for fiduciary activities.

      Sec. 3.  NRS 683A.110 is hereby amended to read as follows:

      683A.110  1.  For the purposes of this section:

      (a) “Bank” means any institution that accepts deposits that the depositor has a legal right to withdraw on demand.

      (b) “Bank holding company,” “company,” “parent,” “subsidiary,” “affiliate” and related terms must be defined by the commissioner in order to effectuate the purposes of this section, which are to help maintain the separation between banking and the insurance business and to minimize the possibilities of unfair competitive activities by banks against insurance companies, agents and brokers.

      2.  [No] A bank or bank holding company or its parent, subsidiaries or affiliates [may] must not directly or indirectly be licensed to sell insurance in this state except as to credit insurance, as defined in NRS 690A.015, and credit property insurance, or be licensed or admitted as an insurer.

      3.  The provisions of subsection 2 do not prohibit the licensing of a bank by the commissioner of insurance to sell annuities. As used in this subsection, “annuity” has the meaning ascribed to it in NRS 688A.020.

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

 

________

 

 


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ê1993 Statutes of Nevada, Page 2282ê

 

CHAPTER 555, AB 755

Assembly Bill No. 755—Assemblymen Ernaut, Gibbons, Regan, Hettrick, Augustine, Gregory, Schneider, Toomin, Carpenter, McGaughey, Neighbors, Tiffany, Lambert, Heller, Petrak, Segerblom, Humke, Marvel, Price, Evans, Chowning, Dini and Wendell Williams

CHAPTER 555

AN ACT relating to public investments; authorizing the state treasurer to invest the money in the state permanent school fund in certain obligations and certificates; authorizing the state to invest its money in certain additional obligations and certificates and in certain money market mutual funds; authorizing a board of county commissioners, the board of trustees of a county school district and the governing body of an incorporated city to invest their money in certain repurchase agreements; advancing the effective date of certain related amendments enacted this session; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 355 of NRS is hereby amended by adding thereto a new section to read as follows:

      In investing pursuant to NRS 355.140, the state treasurer shall exercise the judgment and care, under the circumstances then prevailing, which a person of prudence, discretion and intelligence exercises in the management of his own affairs, not in regard to speculation, but in regard to the investment of his money, considering the probable income as well as the probable safety of his capital.

      Sec. 2.  NRS 355.060 is hereby amended to read as follows:

      355.060  1.  The state controller shall notify the state treasurer monthly of the amount of uninvested money in the state permanent school fund.

      2.  Whenever there is a sufficient amount of money for investment in the state permanent school fund, the state treasurer shall proceed to negotiate for the investment of the money in:

      (a) United States bonds;

      (b) [Bonds issued under the authority of] Obligations or certificates of the Federal National Mortgage Association, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation, the Federal Farm Credit Banks Funding Corporation or the Student Loan Marketing Association, whether or not guaranteed by the United States;

      (c) Bonds of this state or of other states;

      (d) Bonds of any county of the State of Nevada;

      (e) United States treasury notes;

      (f) Farm mortgage loans fully insured and guaranteed by the Farmers Home Administration of the United States Department of Agriculture; or

      (g) Loans at a rate of interest of not less than 6 percent per annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title and free from all encumbrances.

      3.  No part of the state permanent school fund may be invested pursuant to a reverse-repurchase agreement.


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ê1993 Statutes of Nevada, Page 2283 (Chapter 555, AB 755)ê

 

      Sec. 3.  NRS 355.140 is hereby amended to read as follows:

      355.140  1.  In addition to other investments provided for by a specific statute, the following bonds and other securities are proper and lawful investments of any of the money of this state, of its various departments, institutions and agencies, and of the state insurance fund:

      (a) Bonds and certificates of the United States;

      (b) Bonds, notes, debentures and loans if they are underwritten by or their payment is guaranteed by the United States;

      (c) Obligations or certificates of the United States Postal Service, the Federal National Mortgage Association, the Federal Home Loan [Bank Board or] Banks, the Federal Home Loan Mortgage Corporation [,] or the Student Loan Marketing Association, whether or not guaranteed by the United States;

      (d) Bonds of this state or other states of the Union;

      (e) Bonds of any county of this state or of other states;

      (f) Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds if those bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;

      (g) General obligation bonds of irrigation districts and drainage districts in this state which are liens upon the property within those districts, if the value of the property is found by the board or commission making the investments to render the bonds financially sound over the above all other obligations of the districts;

      (h) Bonds of school districts within this state;

      (i) Bonds of any general improvement district whose population is 200,000 or more and which is situated in two or more counties of this state or of any other state, if:

             (1) The bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation; and

             (2) That property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of the district;

      (j) Short-term financing for counties, cities and school districts authorized pursuant to chapter 354 of NRS;

      (k) Loans bearing interest at a rate determined by the state board of finance when secured by first mortgages on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances;

      (l) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding such money thereof as has been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof;

 


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ê1993 Statutes of Nevada, Page 2284 (Chapter 555, AB 755)ê

 

from the Federal Government or received pursuant to some federal law which governs the investment thereof;

      (m) Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations;

      (n) Bankers’ acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System, except that acceptances may not exceed 180 days’ maturity, and may not, in aggregate value, exceed 20 percent of the total portfolio [;] as determined on the date of purchase;

      (o) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:

             (1) Is purchased from a registered broker-dealer;

             (2) At the time of purchase has a remaining term to maturity of no more than 270 days; and

             (3) Is rated by a nationally recognized rating service as “A-1,” “P-1” or its equivalent, or better,

except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total portfolio [,] as determined on the date of purchase, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible; [and]

      (p) Notes, bonds and other unconditional obligations for the payment of money, except certificates of deposit that do not qualify pursuant to paragraph (m), issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States that:

             (1) Are purchased from a registered broker-dealer;

             (2) At the time of purchase have a remaining term to maturity of no more than 3 years; and

             (3) Are rated by a nationally recognized rating service as “A” or its equivalent, or better,

except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total portfolio, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible [.] ;

      (q) Money market mutual funds which:

             (1) Are registered with the Securities and Exchange Commission;

             (2) Are rated by a nationally recognized rating service “AAA” or its equivalent; and

             (3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities; and

      (r) Collateralized mortgage obligations that are rated by a nationally recognized rating service as “AAA” or its equivalent.

      2.  Repurchase agreements are proper and lawful investments of money of the state and the state insurance fund for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:


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ê1993 Statutes of Nevada, Page 2285 (Chapter 555, AB 755)ê

 

      (a) The state treasurer shall designate in advance and thereafter maintain a list of qualified counterparties which:

             (1) Regularly provide audited and, if available, unaudited financial statements to the state treasurer;

             (2) The state treasurer has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and

             (3) Have executed a written master repurchase agreement in a form satisfactory to the state treasurer and the state board of finance pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the state treasurer and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act.

      (b) In all repurchase agreements:

             (1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchase securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;

             (2) The state must enter a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:

             (I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;

             (II) Notify the state when the securities are marked to the market if the required margin on the agreement is not maintained;

             (III) Hold the securities separate from the assets of the custodian; and

             (IV) Report periodically to the state concerning the market value of the securities;

             (3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;

             (4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and

             (5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.

      3.  As used in subsection 2:

      (a) “Counterparty” means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:

             (1) A registered broker-dealer;

             (2) Designated by the Federal Reserve Bank of New York as a “primary” dealer in United States government securities; and

             (3) In full compliance with all applicable capital requirements.

      (b) “Repurchase agreement” means a purchase of securities by the state or state insurance fund from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.

      4.  No money of this state may be invested pursuant to a reverse-repurchase agreement, except money invested pursuant to chapter 286 or 616 of NRS.


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ê1993 Statutes of Nevada, Page 2286 (Chapter 555, AB 755)ê

 

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  NRS 355.170 is hereby amended to read as follows:

      355.170  1.  Except as otherwise provided in [subsection 2] this section and in NRS 354.750, a board of county commissioners, a board of trustees of a county school district or the governing body of an incorporated city may purchase for investment the following securities and no others:

      (a) Bonds and debentures of the United States, the maturity dates of which do not extend more than 10 years from the date of purchase.

      (b) Farm loan bonds, consolidated farm loans bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive.

      (c) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years from date of purchase.

      (d) Obligations of an agency or instrumentality of the United States of America or a corporation sponsored by the government, the maturity date of which is not more than 10 years from the date of purchase.

      (e) Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations.

      (f) Securities which have been expressly authorized as investments for local governments or agencies, as defined in NRS 354.474, by any provision of Nevada Revised Statutes or by any special law.

      (g) Subject to the limitations contained in NRS 355.177, negotiable notes or short-time negotiable bonds issued by local governments of the State of Nevada pursuant to NRS 354.440.

      (h) Bankers’ acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System. Eligible bankers’ acceptances may not exceed 180 days’ maturity. Purchases of bankers’ acceptances may not exceed 20 percent of the money available to a local government for investment as determined on the date of purchase.

      (i) Obligations of state and local governments if:

             (1) The interest on the obligation is exempt from gross income for federal income tax purposes; and

             (2) The obligation has been rated “A” or higher by one or more nationally recognized bond credit rating agencies.

      (j) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:

             (1) Is purchased from a registered broker-dealer;

             (2) At the time of purchase has a remaining term to maturity of no more than 270 days; and

             (3) Is rated by a nationally recognized rating service as “A-1,” “P-1” or its equivalent, or better, except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total portfolio as determined on the date of purchase, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible.


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ê1993 Statutes of Nevada, Page 2287 (Chapter 555, AB 755)ê

 

except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total portfolio as determined on the date of purchase, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible.

      (k) Money market mutual funds which:

             (1) Are registered with the Securities and Exchange Commission;

             (2) Are rated by a nationally recognized rating service as “AAA” or its equivalent; and

             (3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities.

      2.  Repurchase agreements are proper and lawful investments of money of a board of county commissioners, a board of trustees of a county school district or a governing body of an incorporated city for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:

      (a) The board of county commissioners, the board of trustees of the school district or the governing body of the city shall designate in advance and thereafter maintain a list of qualified counterparties which:

             (1) Regularly provide audited and, if available, unaudited financial statements;

             (2) The board of county commissioners, the board of trustees of the school district or the governing body of the city has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and

             (3) Have executed a written master repurchase agreement in a form satisfactory to the board of county commissioners, the board of trustees of the school district or the governing body of the city pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the board of county commissioners, the board of trustees of the school district or the governing body of the city and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act.

      (b) In all repurchase agreements:

             (1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;

             (2) The board of county commissioners, the board of trustees of the school district or the governing body of the city must enter a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:

             (I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;

             (II) Notify the board of county commissioners, the board of trustees of the school district or the governing body of the city when the securities are marked to the market if the required margin on the agreement is not maintained;


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ê1993 Statutes of Nevada, Page 2288 (Chapter 555, AB 755)ê

 

             (III) Hold the securities separate from the assets of the custodian; and

             (IV) Report periodically to the board of county commissioners, the board of trustees of the school district or the governing body of the city concerning the market value of the securities;

             (3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;

             (4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and

             (5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.

      3.  The securities described in paragraphs (a), (b) and (c) of subsection 1 and the repurchase agreements described in subsection 2 may be purchased when, in the opinion of the board of county commissioners, the board of trustees of a county school district or the governing body of the city, there is sufficient money in any fund of the county, the school district or city to purchase those securities and the purchase will not result in the impairment of the fund for the purposes for which it was created.

      [3.]4.  When the board of county commissioners, the board of trustees of a county school district or governing body of the city has determined that there is available money in any fund or funds for the purchase of bonds as set out in subsection [1,] 1 or 2, those purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds must be credited to the funds in the amounts purchased, and the money received from the redemption of the bonds, as and when redeemed, must go back into the fund or funds from which the purchase money was taken originally.

      [4.]5.  Any interest earned on money invested pursuant to subsection [2,] 3, may, at the discretion of the board of county commissioners, the board of trustees of a county school district or governing body of the city, be credited either to the fund from which the principal was taken or to the general fund of the county, school district or incorporated city.

      [5.]6.  The board of county commissioners, the board of trustees of a county school district or governing body of an incorporated city may invest any money apportioned into funds and not invested pursuant to subsection [2] 3 and any money not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which is not more than 1 year from the date of investment. These investments must be considered as cash for accounting purposes, and all the interest earned on them must be credited to the general fund of the county, school district or incorporated city.

      [6.]7.  This section does not authorize the investment of money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of the contract, agreement or grant.

      8.  As used in this section:

      (a) “Counterparty” means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:

             (1) A registered broker-dealer;

             (2) Designated by the Federal Reserve Bank of New York as a “primary” dealer in United States government securities; and


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ê1993 Statutes of Nevada, Page 2289 (Chapter 555, AB 755)ê

 

             (3) In full compliance with all applicable capital requirements.

      (b) “Repurchase agreement” means a purchase of securities by a board of county commissioners, the board of trustees of a county school district or the governing body of an incorporated city from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.

      Sec. 6.  NRS 355.175 is hereby amended to read as follows:

      355.175  1.  The governing body of any local government or agency, whether or not it is included in the provisions of chapter 354 of NRS, may:

      (a) Direct its treasurer or other appropriate officer to invest its money or any part thereof in any investment which is lawful for a county, a school district or incorporated city pursuant to NRS 355.170; or

      (b) Allow a county treasurer to make such investments through a pool as provided in NRS 355.168.

      2.  In case of conflict, any order made pursuant to paragraph (a) of subsection 1 takes precedence over any other order concerning the same money or funds pursuant to subsection [4] 5 of NRS 355.170.

      3.  Any interest earned from investments made pursuant to this section must be credited, at the discretion of the local governing unit, to any fund under its control, but the designation of the fund must be made at the time of investment of the principal.

      Sec. 7.  Senate Bill No. 270 of this session is hereby amended by adding thereto a new section to read as follows:

       Sec. 3.  This act becomes effective on July 1, 1993.

      Sec. 8.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 556, AB 752

Assembly Bill No. 752—Assemblymen Marvel, Carpenter and Neighbors

CHAPTER 556

AN ACT relating to taxation; authorizing counties to set aside a portion of the tax on net proceeds of minerals to mitigate adverse effects from the opening or closing of extractive operations; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 362 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each county to which money is appropriated by NRS 362.170 may set aside a percentage of that appropriation to establish a county fund for mitigation.

      2.  Money from the fund may be appropriated by the board of county commissioners only to mitigate adverse effects upon the county, or the school district located in the county, from the opening or closing of an extractive operation from the net proceeds of which revenue has been or is reasonably expected to be derived under this chapter.


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ê1993 Statutes of Nevada, Page 2290 (Chapter 556, AB 752)ê

 

operation from the net proceeds of which revenue has been or is reasonably expected to be derived under this chapter.

      Sec. 2.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 557, AB 748

Assembly Bill No. 748—Committee on Transportation

CHAPTER 557

AN ACT making an appropriation to the Nevada highway patrol of the department of motor vehicles and public safety for the pilot program for the Alliance for Uniform HazMat Transportation Procedures; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

      whereas, The Hazardous Materials Transportation Uniform Safety Act of 1990 required the creation of a working group of state and local officers, named the Alliance for Uniform HazMat Transportation Procedures, to assist the Secretary of Transportation in developing uniform forms and procedures for states that register and allow persons to transport, cause to be transported or ship hazardous materials by motor carrier; and

      whereas, The Alliance has recommended a base-state approach whereby a motor carrier would apply for registration or a permit, or both, to transport hazardous material in its state of domicile or the state in which it does the most transportation of hazardous materials; and

      whereas, The base state would be responsible for collecting the required fees for all states in which the carrier travels and would administer uniform national permit procedures to assess the safe operation of the carrier; and

      whereas, Upon registration or obtaining a permit, or both, the operator would be allowed to operate in all authorized states through a reciprocity system; and

      whereas, A national governing board would oversee the program, provide an informational clearinghouse function and settle disputes; and

      whereas, The national uniform program will be mandatory for states that choose to conduct registration and permit programs; and

      whereas, The Alliance is proceeding with a pilot program to test the validity of its base-state recommendation which will include:

      1.  A determination of the barriers within individual states of adopting uniform procedures and operating under a base-state system;

      2.  An estimation of the costs to states of participation in a uniform base-state program, including necessary personnel, equipment and facilities;

      3.  A test of the reciprocity provisions of a base-state agreement, including the collection and distribution of registration and permit fees, issuance of a national hazardous materials transportation permit and enforcement of national standards;

      4.  An assessment of the extent to which a base-state system reduces the administrative burden on the regulated community and the states;

      5.  A determination of the extent to which the uniform system enhances protection of public health and safety;


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ê1993 Statutes of Nevada, Page 2291 (Chapter 557, AB 748)ê

 

      6.  A test of the provisions relating to options for local regulation of hazardous material transportation under the uniform state program; and

      7.  An examination of the role and operations of a governing board and national repository;

and

      whereas, The State of Nevada has already played an important role in the Alliance for Uniform HazMat Transportation Procedures because of the participation of its two members on the Alliance; and

      whereas, The State of Nevada has a strong commitment to public health and safety as evidenced by its current hazardous materials transportation regulatory program; and

      whereas, Participation by the State of Nevada in the pilot program would facilitate adjustments to the national uniform program based on the needs of this state; and

      whereas, Limited money and some staff assistance will be provided by the National Governors’ Association and the National Conference of State Legislatures through a contract with the Federal Highway Administration to help support the State of Nevada’s participation in the pilot program; and

      whereas, The Legislature hereby finds and declares that an appropriation of money from the state highway fund to pay the remaining costs of participation is proper pursuant to section 5 of article 9 of the constitution of the State of Nevada because it is a cost of administering the registration of, and the issuance of permits to, certain vehicles which is a charge with respect to the operation of a motor vehicle upon the public highways of this state; now, therefore,

 

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 highway fund to the Nevada highway patrol of the department of motor vehicles and public safety for the pilot program for the Alliance for Uniform HazMat Transportation Procedures:

For the fiscal year 1993-94 .......................................................          $72,008

For the fiscal year 1994-95 .......................................................          $74,903

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

      3.  The chairman of the public service commission of Nevada or his designee shall report periodically to the legislative commission concerning the status of the pilot program and any proposed recommendations for legislation.

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

 

________

 

 


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

ê1993 Statutes of Nevada, Page 2292ê

 

CHAPTER 558, AB 747

Assembly Bill No. 747—Committee on Ways and Means

CHAPTER 558

AN ACT relating to the real estate division of the department of commerce; increasing and imposing certain fees that must be paid to the real estate division; providing for the expiration and renewal of an exemption granted by the real estate division from certain provisions governing the sale of subdivided land; making an appropriation to the real estate division for the development, purchase and operation of a data processing system; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  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......................................................................................             170

For each original real estate salesman’s license........................             130

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 renewal of a real estate broker’s, broker-salesman’s or corporate broker’s license......................................................................             170

For each renewal of a real estate salesman’s license................             130

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................................................               85

For each penalty for late filing of a renewal for a salesman’s license             65

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 broker’s 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 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]     100

 


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

ê1993 Statutes of Nevada, Page 2293 (Chapter 558, AB 747)ê

 

For each original registration of an owner-developer........ [65]           100

For each annual renewal of a registration of an owner-developer      [65]........................................................................................... 100

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

For each cooperative certificate issued to an out-of-state broker licensee 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 community college of the University and Community College System of Nevada.

      Sec. 2.  NRS 119.122 is hereby amended to read as follows:

      119.122  1.  The provisions of this chapter do not apply, unless the method of disposition is adopted to evade those provisions or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, upon notification to the division by the person electing to be exempt under this subsection, to:

      (a) Any offer or disposition of any evidence of indebtedness secured by way of any mortgage or deed of trust of real estate.

      (b) Securities or units of interest issued by an investment trust regulated under the laws of this state, except where the division finds that the enforcement of this chapter with respect to such securities or units of interest is necessary in the public interest and for the protection of purchasers.

      (c) Cemetery lots.

      2.  Unless the method of disposition is adopted to evade the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, this chapter does not apply to the sale or lease of real estate located in this state which is free and clear of all liens, encumbrances and adverse claims if each purchaser or his agent has personally inspected the lot before purchase and if the developer executes a written affirmation to that effect to be made a matter of record in accordance with regulations of the division. As used in this subsection, the terms “liens,” “encumbrances” and “adverse claims” are not intended to refer to purchase money encumbrances nor property reservations which land developers commonly convey or dedicate to local bodies or public utilities for the purpose of bringing public services to the land being developed nor to taxes and assessments which, under applicable state or local law, constitute liens on the property before they are due.

      3.  The division may, pursuant to regulations adopted by it, exempt from any of the provisions of this chapter any subdivision, if it finds that the enforcement of this chapter with respect to subdivisions or lots, parcels, units or interests in subdivisions is not necessary in the public interest and for the protection of purchasers. An exemption granted pursuant to this subsection is effective for a period not to exceed 1 year as determined by the division. The division may revoke such an exemption at any time upon finding that the revocation is necessary for the protection of purchasers.


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

ê1993 Statutes of Nevada, Page 2294 (Chapter 558, AB 747)ê

 

revocation is necessary for the protection of purchasers. Upon application for renewal of an exemption, the division may renew an exemption for a period not to exceed 1 year as determined by the division. An application for an exemption pursuant to this subsection, or for the renewal of such an exemption, must be accompanied by the applicable fee specified in NRS 119.320.

      Sec. 3.  NRS 119.184 is hereby amended to read as follows:

      119.184  [No] A subdivision consisting of land situated in the State of Nevada or another state [may] must not be advertised or offered for sale within the State of Nevada until the advertising and offering is approved by the division. Each advertisement must contain the processing number assigned by the division. Each application for approval of advertising must be accompanied by a filing fee not to exceed [$25,] $200, according to a schedule of fees to be established by the division and fees for inspecting the advertising and the property in amounts established by the division. The division shall render a decision upon an application for approval of an advertising or offering within 30 days from the date the application is filed. The division shall adopt regulations to accomplish the purpose of this section.

      Sec. 4.  NRS 119.320 is hereby amended to read as follows:

      119.320  1.  Subject to the provisions of this chapter, the division shall collect the following fees at such times and upon such conditions as it may provide by regulation:

 

For each annual registered representative’s license to represent a developer............................................................................................... [$50]       $65

For each transfer of a registered representative’s license to represent a developer............................................................................... [10]          20

For each application for a developer’s request for an exemption from any provision of this chapter..................................................... [25]       250

For each application for renewal of an exemption from any provision of this chapter..........................................................................................        250

For each developer’s permit per subdivision........................ [250]       500

For each developer’s temporary permit for each subdivision [150]    250

For renewal of a developer’s permit....................................... [250]       500

For each developer’s partial registration [(] pursuant to NRS 119.121 [)]      .................................................................................................. 250

For each amendment to a developer’s permit [(per page)........ 5]       100

 

The [$250] $500 fee for a developer’s permit per subdivision does not apply to any subdivision having 34 or fewer lots, parcels, interests or units.

      2.  At the time of the original filing, each developer shall pay an additional $5 for each lot, parcel, interest or unit in any one subdivision in excess of 50, but not exceeding 250 such lots, parcels, interests or units; $4 for 251 through 500 lots, parcels, interests or units in any one subdivision; $3 for 501 through 750 lots, parcels, interests or units in any one subdivision; and $2.50 for all lots, parcels, interests or units in excess of 750 in any one subdivision. The developer may designate lots, parcels, interests or units it intends to offer for sale or lease in this state out of the subdivision , and the fee per lot, parcel, interest or unit is only applicable to those lots, parcels, interests or units.


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

ê1993 Statutes of Nevada, Page 2295 (Chapter 558, AB 747)ê

 

units. The units must be designated in groupings of no less than 5 contiguous units in each group, except that the division may accept fewer upon request of the developer. If the developer determines to offer additional lots, parcels, interests or units , it [must] shall so certify to the division and pay the additional fee therefor.

      3.  With the exception of the fees for a registered representative’s license or transfer, the fees enumerated in this section must be reduced by the administrator at such times as, in his judgment, he considers a reduction equitable in relation to the necessary costs of carrying out the administration and enforcement of the provisions of this chapter.

      Sec. 5.  NRS 119A.250 is hereby amended to read as follows:

      119A.250  1.  All registrations issued pursuant to this chapter expire 1 year after their issuance.

      2.  Each representative who meets the requirements for renewal adopted by the division may renew his registration upon the payment of the annual renewal fee before the expiration of his registration.

      3.  If a representative fails to pay the annual renewal fee before the expiration of his registration, the registration may be reinstated upon the payment of the reinstatement fee in addition to the annual renewal fee. A registration may be reinstated under this subsection only if the fees are paid within 1 year after the registration expires.

      4.  A representative issued a registration shall not change his association to another developer or change his location with the same developer unless he has obtained from the division a transfer of his registration for its unexpired term. An application to the division for the transfer of his registration for the unexpired term must be accompanied by the fee specified in NRS 119A.360 for the transfer of registration.

      Sec. 6.  NRS 119A.360 is hereby amended to read as follows:

      119A.360  1.  The division shall collect the following fees at such times and upon such conditions as it may provide by regulation:

 

Application fee for preliminary permit to sell time shares. [$150]     $250

Application fee for registration of representative.................. [50]          65

For renewal of registration of representative.......................... [50]          65

Application fee for transfer of registration of representative to different developer or location................................................................           20

For reinstatement of registration of representative......................           25

For each permit to sell time shares, per subdivision............ [250]       500

For each [page of] amendment to a public offering statement [which is amended] after the issuance of the report.......................... [5]       100

For renewal of a permit............................................................. [250]       500

      2.  Each developer shall pay an additional fee for each time share he sells in a time-share project over 50 pursuant to the following schedule:

 


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

ê1993 Statutes of Nevada, Page 2296 (Chapter 558, AB 747)ê

 

              Number of time shares                                                                   Amount to be

                                                                                                                 paid per time share

 

                          51 – 250...........................................................................        $5.00

                        251 – 500...........................................................................          4.00

                        501 – 750...........................................................................          3.00

                      751 – 1500...........................................................................          2.50

                       over 1500...........................................................................          1.00

 

      3.  Except for the fees relating to the registration of a representative, the administrator may reduce the fees established by this section if the reduction is equitable in relation to the costs of carrying out the provisions of this chapter.

      Sec. 7.  NRS 119A.370 is hereby amended to read as follows:

      119A.370  1.  A time share [may] must not be advertised or offered for sale within this state until the advertisement or offering is approved by the division.

      2.  Each advertisement must contain the processing number assigned to it by the division.

      3.  Each application for the approval of advertising must:

      (a) Include the form and content of advertising to be used;

      (b) Include the nature of the offer of gifts or other free benefits to be extended;

      (c) Include the nature of promotional meetings involving any person or act described in NRS 119A.300; and

      (d) Be accompanied by a filing fee of not more than [$25,] $200, to be established by the division.

      4.  The division shall render a decision upon an application for the approval of advertising or an offer for sale within 30 days after the date the application is filed.

      Sec. 8.  NRS 119B.210 is hereby amended to read as follows:

      119B.210  1.  The administrator shall collect the following fees at such times and upon such conditions as he may provide by regulation:

 

For an initial permit to sell memberships in a campground [$250]     $500

For renewal of a permit............................................................. [250]       500

For each [page of] amendment to a public offering statement [which is amended] after the issuance of the report.......................... [5]       100

Application fee for registration of a representative............... [50]          65

For renewal of the registration of a representative................ [50]          65

For each transfer of a registration of a representative to a different developer or location...................................................................................           20

For reinstatement of the registration of a representative.............           25

 

      2.  Each developer shall pay an additional fee for each membership he sells in a campground containing more than 50 sites for camping pursuant to the following schedule:

 


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

ê1993 Statutes of Nevada, Page 2297 (Chapter 558, AB 747)ê

 

                   Number of time                                                                        Amount to be

                                                                                                                      paid per site

 

                          51 – 250...........................................................................        $5.00

                        251 – 500...........................................................................          4.00

                        501 – 750...........................................................................          3.00

                      751 – 1500...........................................................................          2.50

                       over 1500...........................................................................          1.00

 

      3.  The administrator may reduce the fees established by this section if the reduction is equitable in relation to the costs of carrying out the provisions of this chapter.

      Sec. 9.  NRS 119B.260 is hereby amended to read as follows:

      119B.260  1.  [No membership may] A membership must not be advertised or offered for sale within this state until the advertisement is approved by the administrator.

      2.  Each application for the approval of advertising must:

      (a) Include the form and content of advertising to be used;

      (b) Include the nature of the offer of gifts or other free benefits to be extended; and

      (c) Be accompanied by a filing fee of not more than [$25,] $200, to be established by the administrator.

      3.  The administrator shall render a decision upon an application for the approval of advertising or an offer for sale within 30 days after the date the application is filed.

      Sec. 10.  1.  There is hereby appropriated from the state general fund to the real estate division of the department of commerce, for the purpose of developing a data processing system, purchasing the equipment necessary for that system and paying the expenses of operating that system:

For the fiscal year 1993-94.................................................................. $19,090

For the fiscal year 1994-95.................................................................... $3,500

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

      Sec. 11.  1.  This section and sections 2 to 10, inclusive, of this act become effective on July 1, 1993.

      2.  Section 1 of this act becomes effective at 12:02 a.m. on July 1, 1993.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 2298ê

 

CHAPTER 559, AB 746

Assembly Bill No. 746—Committee on Commerce

CHAPTER 559

AN ACT relating to physicians; making various changes relating to licensure to practice of medicine; expanding the grounds for initiating disciplinary action or denying licensure; repealing certain provisions concerning re-examinations, minimum curriculum and hospitals where clinical instruction is given; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 630.160 is hereby amended to read as follows:

      630.160  1.  Every person desiring to practice medicine must, before beginning to practice, procure from the board a license authorizing him to practice.

      2.  Except as otherwise provided in NRS 630.161 or 630.164, a license may be issued to any person who:

      (a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (b) Has [completed the course of study set forth in NRS 630.162 and] received the degree of Doctor of Medicine from a medical school:

             (1) Approved by the Liaison Committee for Medical Education of the American Medical Association and American Association of Medical Colleges; or

             (2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee for Medical Education,

which he attended for a total of 2 years immediately preceding the granting of the degree;

      (c) Has passed:

             (1) All parts of the examination given by the National Board of Medical Examiners;

             (2) All parts of the Federation Licensing Examination; [or]

             (3) All parts of the United States Medical Licensing Examination;

             (4) All parts of a licensing examination given by any state or territory of the United States , if the applicant is certified by a specialty board of the American Board of Medical Specialties; or

             (5) Any combination of the examinations specified in subparagraphs (1), (2) and (3) that the board determined to be sufficient;

      (d) Has completed 3 years of:

             (1) Graduate education as a resident in the United States or Canada in a program approved by the board, the Accreditation Council for Graduate Medical Education of the American Medical Association or the Coordinating Council of Medical Education of the Canadian Medical Association; or

             (2) Fellowship training in the United States or Canada approved by the board or the Accreditation Council for Graduate Medical Education; and

      (e) Appears personally before the board and satisfactorily passes a written or oral examination, or both, as to his qualifications to practice medicine and provides the board with a description of the clinical program completed demonstrating that the applicant’s clinical training met the requirements of paragraph (b) of this subsection.


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

ê1993 Statutes of Nevada, Page 2299 (Chapter 559, AB 746)ê

 

provides the board with a description of the clinical program completed demonstrating that the applicant’s clinical training met the requirements of paragraph (b) of this subsection.

      Sec. 2.  NRS 630.164 is hereby amended to read as follows:

      630.164  1.  A board of county commissioners may petition the board of medical examiners to waive the requirements of paragraph (d) of subsection 2 of NRS 630.160 for any applicant intending to practice medicine in a medically underserved area of that county as that term is defined by the officer of rural health of the University of Nevada School of Medicine. The board of medical examiners may waive that requirement and issue a license if the applicant:

      (a) Has completed at least 1 year of training as a resident in the United States or Canada in a program approved by the board, the Accreditation Council for Graduate Medical Education of the American Medical Association or the Coordinating Council of Medical Education of the Canadian Medical Association, respectively;

      (b) Has a minimum of 5 years of practical medical experience as a licensed allopathic physician or such other equivalent training as the board deems appropriate; and

      (c) Meets all other conditions and requirements for a license to practice medicine.

      2.  Any person licensed pursuant to subsection 1 must be issued a license to practice medicine in this state restricted to practice in the medically underserved area of the county which petitioned for the waiver only. He may apply to the board of medical examiners for renewal of that restricted license every 2 years after he is licensed.

      3.  Any person holding a restricted license pursuant to subsection 1 who completes 3 years of such practice may apply to the board for an unrestricted license. In considering an application for an unrestricted license pursuant to this subsection, the board shall require the applicant to meet all statutory requirements for licensure in effect at the time of application except the requirements of paragraph (d) of subsection 2 of NRS 630.160.

      Sec. 3.  NRS 630.254 is hereby amended to read as follows:

      630.254  1.  Any licensee who changes the location of his office in this state shall notify the board of the change before practicing at the new location.

      2.  Any licensee who closes his office in this state shall:

      (a) Notify the board of this occurrence within 14 days after the closure; and

      (b) For a period of 5 years thereafter keep the board apprised of the location of the medical records of his patients.

      Sec. 4.  NRS 630.255 is hereby amended to read as follows:

      630.255  1.  Any licensee who changes the location of his practice of medicine from this state to another state or country, has never engaged in the practice of medicine in this state after licensure or has ceased to engage in the practice of medicine in this state for 12 consecutive months must be placed on inactive status . [upon notification to the board.]

      2.  Before resuming the practice of medicine in this state, the inactive registrant shall:


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

ê1993 Statutes of Nevada, Page 2300 (Chapter 559, AB 746)ê

 

      (a) Notify the board of his intent to resume the practice of medicine in this state;

      (b) File an affidavit with the board describing his activities during the period of his inactive status;

      (c) Complete the form for registration for active status;

      (d) Pay the applicable fee for biennial registration; and

      (e) Satisfy the board of his competence to practice medicine.

      3.  If the board determines that the conduct or competence of the registrant during the period of inactive status would have warranted denial of an application for a license to practice medicine in this state, the board may refuse to place the registrant on active status.

      Sec. 5.  NRS 630.257 is hereby amended to read as follows:

      630.257  If a licensee does not practice allopathic [or homeopathic] medicine for a period of more than 12 consecutive months, the board may require him to take the same examination to test medical competency as that given to applicants for a license.

      Sec. 6.  NRS 630.261 is hereby amended to read as follows:

      630.261  1.  The board may, unless otherwise provided in this section or NRS 630.161, issue, renew or modify:

      (a) A locum tenens license, to be effective not more than 3 months after issuance, to any physician who is [eligible for a permanent license in this] licensed and in good standing in another state and who [also] is of good moral character and reputation. The purpose of this license is to enable an eligible physician to serve as a substitute for [some other] another physician who is licensed to practice medicine in this state and who is absent from his practice for reasons deemed sufficient by the board. A license [, issued under] issued pursuant to the provisions of this paragraph [,] is not renewable.

      (b) A special license to a licensed physician of another state to come into this state to care for or assist in the treatment of his own patient in association with a physician licensed in this state. A special license [, issued under] issued pursuant to the provisions of this paragraph [,] is limited to the care of a specific patient. The physician licensed in this state has the primary responsibility for the care of that patient.

      (c) A restricted license for a specified period if the board determines the applicant needs supervision or restriction.

      (d) A temporary license for a specified period if the physician is licensed and in good standing in another state and the board determines that it is necessary in order to provide medical services for a community without adequate medical care. A temporary license [, issued under] issued pursuant to the provisions of this paragraph [,] is not renewable.

      2.  Every physician who is licensed [under] pursuant to the provisions of subsection 1 and who accepts the privilege of practicing medicine in this state [under] pursuant to the provisions of the license shall be deemed to have given his consent to the revocation of the license at any time by the board for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive.


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

ê1993 Statutes of Nevada, Page 2301 (Chapter 559, AB 746)ê

 

      Sec. 7.  NRS 630.290 is hereby amended to read as follows:

      630.290  1.  The board shall charge and collect not more than the following fees:

 

For application for and issuance of a license by written examination, in addition to the actual cost to the board of the examination ................       $400

For application for and issuance of a temporary, locum tenens, limited, restricted or special license .......................................................         300

For renewal of a limited, restricted or special license ..................           50

For application for and issuance of a certificate as a physician’s assistant .................................................................................................. 200

For renewal of a certificate as a physician’s assistant ................         100

For biennial registration ...................................................................         600

For biennial registration for a physician who is retired, on inactive status or not practicing medicine in Nevada .................................................         200

For the administration of the Federation Licensing Examination or the United States Medical Licensing Examination .......................... [300]       400

For the administration of any one part of the Federation Licensing Examination ........................................................................................................         200

For re-examination [on] of the Federation Licensing Examination                   200

For the administration of any one part of the Federation Licensing Examination as a courtesy to a person who is applying for licensure in another state ........................................................................................................         200

For written verification of licensure ...............................................           50

For a duplicate identification card ..................................................           25

For a duplicate license ......................................................................           50

For computer printouts or labels ....................................................           50

For verification of a listing of physicians, per hour .....................           20

For furnishing a directory of physicians to a person who is not licensed pursuant to this chapter ............................................................           10

For furnishing a list of new physicians to a person who is not in the medical profession ....................................................................................           30

 

      2.  In addition to the fees prescribed in subsection 1, the board shall charge and collect:

      (a) A fee to reimburse it for the cost of the Federation Licensing Examination [;] or the United States Medical Licensing Examination; and

      (b) Necessary and reasonable fees for its other services.

      3.  The cost of any special meeting called at the request of a licensed physician, institution, organization, state agency or applicant for licensure [,] must be paid for by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting it has paid a cash deposit with the board sufficient to defray all expenses of the meeting.


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ê1993 Statutes of Nevada, Page 2302 (Chapter 559, AB 746)ê

 

      Sec. 8.  NRS 630.305 is hereby amended to read as follows:

      630.305  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      1.  Directly or indirectly receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation which is intended or tends to influence the physician’s objective evaluation or treatment of a patient.

      2.  Dividing a fee between licensees except where the patient is informed of the division of fees and the division of fees is made in proportion to the services personally performed and the responsibility assumed by each licensee.

      3.  Referring a patient to any medical laboratory in which the licensee has a financial interest unless the laboratory is operated solely in connection with the diagnosis and treatment of his own patients.

      4.  Referring an injured employee to a health facility in which the licensee has a financial interest unless he first discloses that interest pursuant to NRS 616.690.

      5.  Charging for visits to the physician’s office which did not occur or for services which were not rendered or documented in the records of the patient.

      6.  Aiding, assisting, employing or advising, directly or indirectly, any unlicensed person to engage in the practice of medicine contrary to the provisions of this chapter or the regulations of the board.

      7.  Delegating responsibility for the care of a patient to a person when the licensee knows, or has reason to know, that this person is not qualified to undertake that responsibility.

      8.  Failing to disclose to a patient any financial or other conflict of interest.

      9.  Failing to initiate the performance of public service within 1 year after the date the public service is required to begin, if the public service was imposed as a requirement of the licensee’s receiving loans or scholarships from the Federal Government or a state or local government for his medical education.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10.  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] pursuant to a statute or court order.

      2.  Willful failure to comply with [any] :

      (a) A regulation, subpena or order of the board or [with any] a committee designated by the board to investigate a complaint against a physician;

      (b) A court order relating to this chapter [or with any] ; or

      (c) A provision of this chapter.

      3.  Willful failure to perform [any] a statutory or other legal obligation imposed upon a licensed physician, including a violation of the provisions of NRS 439B.410.

      Sec. 11.  NRS 630.311 is hereby amended to read as follows:

      630.311  1.  [The board or a committee of its members] A committee designated by the board and consisting of members of the board shall review [a] each complaint and conduct an investigation to determine [whether] if there is a reasonable basis for the complaint.


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

ê1993 Statutes of Nevada, Page 2303 (Chapter 559, AB 746)ê

 

there is a reasonable basis for the complaint. [If a committee is designated, it] The committee must be composed of at least three members of the board, at least one of whom is qualified pursuant to subsection 2 of NRS 630.060. The committee may issue orders to aid its investigation including, but not limited to, compelling a physician to appear before the committee.

      2.  [Following the investigation, the committee shall present its evaluation and recommendations to the board. The board shall review the committee’s findings to determine whether to take any further action, but no member or advisory member of the board who participated in the investigation may participate in this review or in any subsequent hearing or action taken by the board.] If, after conducting an investigation, the committee determines that there is a reasonable basis for the complaint and that a violation of any provision of this chapter has occurred, the committee may file a formal complaint with the board.

      Sec. 12.  NRS 630.339 is hereby amended to read as follows:

      630.339  1.  If [, after an investigation by a committee or on its own initiative, the board] a committee designated by the board to conduct an investigation of a complaint decides to proceed with disciplinary action, it shall bring charges against [a licensee and] the licensee. If charges are brought, the board shall fix a time and place for a formal hearing. If the board receives a report pursuant to subsection 5 of section 237 of [this act,] Senate Bill No. 316 of this session, such a hearing must be held within 30 days after receiving the report. The board shall notify the licensee of the charges brought against him, [including] the time and place set for the hearing, and [of] the possible sanctions authorized in NRS 630.352.

      2.  The board, a hearing officer or a panel of its members designated by the board shall hold the formal hearing on the charges at the time and place designated in the notification. If the hearing is before a panel, at least one member of the board who is not a physician must participate in this hearing.

      Sec. 13.  Section 250.5 of Senate Bill No. 316 of this session is hereby amended to read as follows:

       Sec. 250.5.  NRS 630.305 is hereby amended to read as follows:

       630.305  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

       1.  Directly or indirectly receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation which is intended or tends to influence the physician’s objective evaluation or treatment of a patient.

       2.  Dividing a fee between licensees except where the patient is informed of the division of fees and the division of fees is made in proportion to the services personally performed and the responsibility assumed by each licensee.

       3.  Referring a patient to any medical laboratory in which the licensee has a financial interest unless the laboratory is operated solely in connection with the diagnosis and treatment of his own patients [.] pursuant to NRS 652.235.

       4.  Referring an injured employee to a health facility in [which the licensee has a financial interest unless he first discloses that interest pursuant to] violation of NRS 616.690.


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ê1993 Statutes of Nevada, Page 2304 (Chapter 559, AB 746)ê

 

       5.  Charging for visits to the physician’s office which did not occur or for services which were not rendered or documented in the records of the patient.

       6.  Aiding, assisting, employing or advising, directly or indirectly, any unlicensed person to engage in the practice of medicine contrary to the provisions of this chapter or the regulations of the board.

       7.  Delegating responsibility for the care of a patient to a person when the licensee knows, or has reason to know, that this person is not qualified to undertake that responsibility.

       8.  Failing to disclose to a patient any financial or other conflict of interest.

       9.  Failing to initiate the performance of public service within 1 year after the date the public service is required to begin, if the public service was imposed as a requirement of the licensee’s receiving loans or scholarships from the Federal Government or a state or local government for his medical education.

       10.  Failing to repay, in accordance with the terms of the loan, any direct loan or loan which is insured or guaranteed by the Federal Government or a state or local government which the licensee received to finance all or any part of his medical education.

      Sec. 14.  NRS 630.162 and 630.190 are hereby repealed.

 

________

 

 

CHAPTER 560, AB 745

Assembly Bill No. 745—Committee on Commerce

CHAPTER 560

AN ACT relating to fraternal benefit societies; revising the fee charged fraternal benefit societies for certificates of authority to issue benefit contracts; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 695A.080 is hereby amended to read as follows:

      695A.080  1.  The commissioner may make such examination and require such further information as he deems advisable. Upon presentation of satisfactory evidence that the society has complied with all applicable provisions of law, he shall issue to the society a certificate of authority indicating that the society may transact business pursuant to the provisions of this chapter.

      2.  The certificate of authority is prima facie evidence of the existence of the society on the date of the certificate.

      3.  The commissioner shall cause a record of the certificate of authority to be made. A certified copy of the record may be given in evidence with like effect as the original certificate of authority.

      4.  For the issuance or renewal of a certificate of authority, a society must pay to the commissioner [a fee of $2,450.] :


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ê1993 Statutes of Nevada, Page 2305 (Chapter 560, AB 745)ê

 

      (a) A fee of $250 if the number of outstanding benefit contracts within Nevada of the society is 600 or less;

      (b) A fee of $500 if the number of outstanding benefit contracts within Nevada of the society is more than 600 but less than 1,200; and

      (c) A fee of $2,450 if the number of outstanding benefit contracts within Nevada of the society is 1,200 or more.

Each such certificate or renewal expires on March 1 following its issuance.

      5.  If a society properly applies for the renewal of its certificate of authority but does not receive approval of its application by March 1, it may continue to transact business pursuant to this chapter unless it receives notice that the application for renewal is specifically denied.

      6.  A certified copy or duplicate of a certificate of authority is prima facie evidence that the society may lawfully transact business in this state pursuant to the provisions of this chapter during the period stated on the license.

      Sec. 2.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 561, AB 741

Assembly Bill No. 741—Committee on Education

CHAPTER 561

AN ACT relating to education; making various changes relating to educational foundations; exempting an educational foundation from the tax on transfers of real property; making various changes relating to certain pupils who are ineligible to attend public school; urging school districts to develop certain alternative programs of education; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An educational foundation:

      (a) Shall comply with the provisions of chapter 241 of NRS;

      (b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010; and

      (c) Is exempt from the tax on transfers of real property pursuant to subsection 14 of NRS 375.090.

      2.  An educational foundation is not required to disclose the names of the contributors to the foundation or the amount of their contributions. The educational foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.

      3.  As used in this section, “educational foundation” means a nonprofit corporation, association or institution or a charitable organization that is:

      (a) Organized and operated exclusively for the purpose of supporting one or more kindergartens, elementary schools, junior high or middle schools or high schools, or any combination thereof;


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ê1993 Statutes of Nevada, Page 2306 (Chapter 561, AB 741)ê

 

      (b) Formed pursuant to the laws of this state; and

      (c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

      Sec. 2.  Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, a pupil who is suspended or expelled from:

      (a) Any public school in this state pursuant to NRS 392.466; or

      (b) Any school outside of this state for the commission of any act which, if committed within this state, would be a ground for suspension or expulsion from public school pursuant to NRS 392.466,

is ineligible to attend any public school in this state during the period of that suspension or expulsion.

      2.  A school district may allow a pupil who is ineligible to attend a public school pursuant to this section to enroll in:

      (a) An alternative program for the education of pupils at risk of dropping out of high school; or

      (b) Any program of instruction offered pursuant to the provisions of NRS 388.550.

A school district may conduct an investigation of the background of any such pupil to determine if the educational needs of the pupil may be satisfied without undue disruption to the program. If an investigation is conducted, the board of trustees of the school district shall, based on the results of the investigation, determine if the pupil will be allowed to enroll in such a program.

      Sec. 3.  NRS 392.010 is hereby amended to read as follows:

      392.010  Except as to the attendance of a pupil pursuant to NRS 392.015 [:] or a pupil who is ineligible for attendance pursuant to section 2 of this act:

      1.  The board of trustees of any school district may, with the approval of the superintendent of public instruction:

      (a) Admit to the school or schools of the school district any pupil or pupils living in an adjoining school district within this state or in an adjoining state when the school district of residence in the adjoining state adjoins the receiving Nevada school district; or

      (b) Pay tuition for pupils residing in the school district but who attend school in an adjoining school district within this state or in an adjoining state when the receiving district in the adjoining state adjoins the school district of Nevada residence.

      2.  With the approval of the superintendent of public instruction, the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school shall enter into an agreement providing for the payment of such tuition as may be agreed upon, but transportation costs must be paid by the board of trustees of the school district in which the pupil or pupils reside:

      (a) If any are incurred in transporting a pupil or pupils to an adjoining school district within the state; and

      (b) If any are incurred in transporting a pupil or pupils to an adjoining state, as provided by the agreement.

      3.  In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.


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ê1993 Statutes of Nevada, Page 2307 (Chapter 561, AB 741)ê

 

subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.

      Sec. 4.  NRS 392.015 is hereby amended to read as follows:

      392.015  1.  The board of trustees of a school district shall, upon application, allow any pupil who resides on an Indian reservation located in two or more counties to attend the school nearest to the pupil’s residence, without regard to the school district in which the pupil’s residence is located. For the purposes of apportionment of money, if such a pupil attends a school outside the county in which he resides, he must be counted as being enrolled in the district in which he attends school.

      2.  A pupil who is allowed to attend a school outside the school district in which his residence is located pursuant to this section must remain in that school for the full school year.

      3.  The school district which pays the additional costs of transporting a pupil pursuant to this section to a school outside the school district in which his residence is located is entitled to be reimbursed for those costs. Such additional costs must be paid from the state distributive school account in the state general fund.

      4.  The provisions of this section do not apply to a pupil who [resides] :

      (a) Is ineligible to attend public school pursuant to section 2 of this act; or

      (b) Resides on an Indian reservation pursuant to an order issued by a court of competent jurisdiction in another state adjudging the pupil to be delinquent and committing him to the custody of a public or private institution or agency in this state.

      Sec. 5.  NRS 392.167 is hereby amended to read as follows:

      392.167  A parent or guardian who has legal custody of a child may petition the appropriate district court for an order directing the board of trustees of a school district to enroll that child in a public school within that district under a name other than the name which appears in the identifying document or records required by subsection 1 of NRS 392.165. [The] Except as otherwise provided by specific statute, the court shall issue the order if it determines that to do so would be in the best interests of the child.

      Sec. 6.  NRS 239.010 is hereby amended to read as follows:

      239.010  1.  All public books and public records of [state, county, city, district, governmental subdivision and quasi-municipal corporation officers and offices of this state (and all departments thereof),] a public agency or an educational foundation, the contents of which are not otherwise declared by law to be confidential, must be open at all times during office hours to inspection by any person, and [the books and records] may be fully copied or an abstract or memorandum prepared [therefrom, and any] from those public books and public records. Any such copies, abstracts or memoranda [taken therefrom] may be utilized to supply the general public with copies, abstracts or memoranda of the records or in any other way in which the [books and records] copies, abstracts or memoranda may be used to the advantage of the [owner thereof] public agency or educational foundation or of the general public.


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ê1993 Statutes of Nevada, Page 2308 (Chapter 561, AB 741)ê

 

      2.  As used in this section:

      (a) “Educational foundation” has the meaning ascribed to it in subsection 3 of section 1 of this act.

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

      Sec. 7.  NRS 241.015 is hereby amended to read as follows:

      241.015  As used in this chapter:

      1.  “Meeting” means the gathering of members of a public body at which a quorum is present to deliberate toward a decision or to make a decision on any matter over which the public body has supervision, control, jurisdiction or advisory power.

      2.  Except as otherwise provided in this subsection, “public body” means any administrative, advisory, executive or legislative body of the state or a local government which expends or disburses or is supported in whole or in part by tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax revenue, including but not limited to any board, commission, committee, subcommittee or other subsidiary thereof [.] and includes an educational foundation as defined in subsection 3 of section 1 of this act. “Public body” does not include the legislature of the State of Nevada.

      3.  “Quorum” means a simple majority of the constituent membership of a public body or another proportion established by law.

      Sec. 8.  NRS 375.090 is hereby amended to read as follows:

      375.090  The tax imposed by NRS 375.020 and 375.025 does not apply to:

      1.  Any transaction wherein an interest in real property is encumbered for the purposes of securing a debt.

      2.  A transfer of title to or from the United State s, any territory or state or any agency, department, instrumentality or political subdivision thereof.

      3.  A transfer of title recognizing the true status of ownership of the real property.

      4.  A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.

      5.  A transfer of title to community property without consideration when held in the name of one spouse to both spouses as joint tenants or tenants in common, or as community property.

      6.  A transfer of title between spouses, including gifts.

      7.  A transfer of title between spouses to effect a property settlement agreement or between former spouses in compliance with a decree of divorce.

      8.  A transfer of title to or from a trust, if the transfer is made without consideration.

      9.  Transfers, assignments or conveyances of unpatented mines or mining claims.

      10.  A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.


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ê1993 Statutes of Nevada, Page 2309 (Chapter 561, AB 741)ê

 

      11.  A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of consanguinity.

      12.  The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:

      (a) Confirmed under the Bankruptcy Act, as amended, Title 11 of U.S.C.;

      (b) Approved in an equity receivership proceeding involving a railroad as defined in the Bankruptcy Act;

      (c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act; or

      (d) Whereby a mere change in identity, form or place of organization is effected, such as a transfer between a corporation and its parent corporation, a subsidiary or an affiliated corporation,

if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.

      13.  The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:

      (a) The order of the Securities and Exchange Commission in obedience to which the transfer or conveyance is made recites that the transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;

      (b) The order specifies and itemizes the property which is ordered to be transferred or conveyed; and

      (c) The transfer or conveyance is made in obedience to the order.

      14.  A transfer to or from an educational foundation. As used in this subsection, “educational foundation” has the meaning ascribed to it in subsection 3 of section 1 of this act.

      Sec. 9.  NRS 423.220 is hereby amended to read as follows:

      423.220  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 5, children residing at the northern Nevada children’s home shall attend the public schools of the Carson City school district, and [shall be] are entitled to receive therein the full attention, protection and instruction accorded to any other children.

      2.  The superintendent may, at the request of the parent or parents, allow any child residing at the northern Nevada children’s home to attend parochial or private schools in Carson City and counties adjoining thereto, at no expense to the State of Nevada.

      3.  Except as otherwise provided in [subsection 4,] subsections 4 and 5, children residing at the southern Nevada children’s home shall attend public schools of the Clark County school district, and [shall be] are entitled to receive therein the full attention, protection and instruction accorded to any other children.

      4.  The superintendent may, at the request of the parent or parents, allow any child residing at the southern Nevada children’s home to attend parochial or private schools in Clark County, at no expense to the State of Nevada.

      5.  The provisions of subsections 1 and 3 do not apply to children who are ineligible to attend public school pursuant to section 2 of this act.

      Sec. 10.  1.  The legislature hereby urges each school district in this state, on or before July 1, 1995, to:


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ê1993 Statutes of Nevada, Page 2310 (Chapter 561, AB 741)ê

 

      (a) Develop alternative programs of education for pupils who have been suspended or expelled pursuant to NRS 392.466 or who are otherwise dangerous to other pupils; or

      (b) Enter into an agreement with another school district to provide alternative programs of education to pupils who have been suspended or expelled.

      2.  If alternative programs of education are developed by a school district, the district shall submit to the next following session of the legislature a report containing an evaluation of the programs, including any recommended legislation relating thereto.

      Sec. 11.  Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1993.

 

________

 

 

CHAPTER 562, AB 735

Assembly Bill No. 735—Committee on Taxation

CHAPTER 562

AN ACT relating to taxation; revising the provisions governing the manner of assessing the value of certain beneficial uses and possessory interests in property for the purposes of imposing property taxes; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The legislature hereby finds and declares that to ensure a uniform and equal rate of assessment and taxation and the just valuation for taxation of all property, including real, personal and possessory, as required by section 1 of article 10 of the constitution of the State of Nevada, it is necessary to value the right to the use and enjoyment of property that is owned by an entity exempt from taxation but leased to or used by a person not exempt from taxation pursuant to a leasehold interest, possessory interest, beneficial interest or beneficial use in a manner that is equivalent to the valuation of the right to the use and enjoyment of the property pursuant to an ownership interest.

      Sec. 2.  NRS 361.157 is hereby amended to read as follows:

      361.157  1.  When any real estate or portion of real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association, partnership or corporation in connection with a business conducted for profit [, it] or as a residence, or both, the leasehold interest, possessory interest, beneficial interest or beneficial use of any such lessee or user of the property is subject to taxation [in the same amount and to the same extent as though the lessee or user were the owner of the real estate. When any real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association, partnership or corporation as a residence, it is subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of the real estate.] to the extent the:

      (a) Portion of the property leased or used; and


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ê1993 Statutes of Nevada, Page 2311 (Chapter 562, AB 735)ê

 

      (b) Percentage of time during the fiscal year that the property is leased by the lessee or used by the user,

can be segregated and identified. The taxable value of the interest or use must be determined in the manner provided in subsection 3 of NRS 361.227.

      2.  Subsection 1 does not apply to:

      (a) Property located upon or within the limits of a public airport, park, market, fairground or upon similar property which is available to the use of the general public;

      (b) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed;

      (c) Property of any state-supported education institution;

      (d) Property leased or otherwise made available to and used by a natural person, private association, private corporation, municipal corporation, quasi-municipal corporation or a political subdivision under the provisions of the Taylor Grazing Act or by the United States Forest Service or the Bureau of Reclamation of the United States Department of the Interior;

      (e) Property of any Indian or of any Indian tribe, band or community which is held in trust by the United States or subject to a restriction against alienation by the United States;

      (f) Vending stand locations and facilities operated by blind persons under the auspices of the bureau of services to the blind of the rehabilitation division of the department of human resources, regardless of whether the property is owned by the federal, state or a local government;

      (g) Leases held by a natural person, corporation, association, municipal corporation, quasi-municipal corporation or political subdivision for development of geothermal resources, but only for resources which have not been put into commercial production;

      (h) The use of exempt property that is leased, loaned or made available to a public officer or employee, incident to or in the course of public employment;

      (i) A parsonage owned by a recognized religious society or corporation when used exclusively as a parsonage;

      (j) Property owned by a charitable or religious organization all or a portion of which is made available to and is used as a residence by a natural person in connection with carrying out the activities of the organization;

      (k) Property owned by a governmental entity and used to provide shelter at a reduced rate to elderly persons or persons with low incomes;

      (l) The occasional rental of meeting rooms or similar facilities for periods of less than 30 consecutive days; or

      (m) The use of exempt property to provide day care for children if the day care is provided by a nonprofit organization.

      3.  Taxes must be assessed to lessees or users of exempt real estate and collected in the same manner as taxes assessed to owners of other real estate, except that taxes due under this section do not become a lien against the property. When due, the taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and if unpaid are recoverable by the county in the proper court of the county.

      Sec. 3.  NRS 361.159 is hereby amended to read as follows:

      361.159  1.  [Personal] Except as otherwise provided in subsection 3, when personal property , or a portion of personal property, which for any reason is exempt from taxation [which] is leased, loaned or otherwise made available to and used by a natural person, association or corporation in connection with a business conducted for profit , the leasehold interest, possessory interest, beneficial interest or beneficial use of any such lessee or user of the property is subject to taxation [in the same amount and to the same extent as though the lessee or user were the owner of the property, except for personal property used in vending stands operated by blind persons under the auspices of the bureau of services to the blind of the rehabilitation division of the department of human resources.]


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ê1993 Statutes of Nevada, Page 2312 (Chapter 562, AB 735)ê

 

reason is exempt from taxation [which] is leased, loaned or otherwise made available to and used by a natural person, association or corporation in connection with a business conducted for profit , the leasehold interest, possessory interest, beneficial interest or beneficial use of any such lessee or user of the property is subject to taxation [in the same amount and to the same extent as though the lessee or user were the owner of the property, except for personal property used in vending stands operated by blind persons under the auspices of the bureau of services to the blind of the rehabilitation division of the department of human resources.] to the extent the:

      (a) Portion of the property leased or used; and

      (b) Percentage of time during the fiscal year that the property is leased to the lessee or used by the user,

can be segregated and identified. The taxable value of the interest or use must be determined in the manner provided in subsection 3 of NRS 361.227.

      2.  Taxes must be assessed to lessees or users of exempt personal property and collected in the same manner as taxes assessed to owners of other personal property, except that taxes due under this section do not become a lien against the personal property. When due, the taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and if unpaid are recoverable by the county in the proper court of the county.

      3.  The provisions of this section do not apply to personal property used in vending stands operated by blind persons under the auspices of the bureau of services to the blind of the rehabilitation division of the department of human resources.

      Sec. 4.  NRS 361.227 is hereby amended to read as follows:

      361.227  1.  Any person determining the taxable value of real property shall appraise:

      (a) The full cash value of:

             (1) Vacant land by considering the uses to which it may lawfully be put, any legal or physical restrictions upon those uses, the character of the terrain, and the uses of other land in the vicinity.

             (2) Improved land consistently with the use to which the improvements are being put.

      (b) Any improvements made on the land by subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence. Depreciation of an improvement made on real property must be calculated at 1.5 percent of the cost of replacement for each year of adjusted actual age of the improvement, up to a maximum of 50 years.

      2.  The unit of appraisal must be a single parcel unless:

      (a) The location of the improvements caused two or more parcels to function as a single parcel; or

      (b) The parcel is one of a group of contiguous parcels which qualifies for valuation as a subdivision pursuant to the regulations of the Nevada tax commission.

      3.  The taxable value of a leasehold interest, possessory interest , beneficial interest or beneficial use for the purpose of NRS 361.157 or 361.159 [may] must be determined [:

      (a) By subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence; or


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ê1993 Statutes of Nevada, Page 2313 (Chapter 562, AB 735)ê

 

      (b) By capitalizing the fair economic income expectancy.] in the same manner as the taxable value of the property would otherwise be determined if the lessee or user of the property was the owner of the property and it was not exempt from taxation, except that the taxable value so determined must be reduced by a percentage of the taxable value that is equal to the:

      (a) Percentage of the property that is not actually leased by the lessee or used by the user during the fiscal year; and

      (b) Percentage of time that the property is not actually leased by the lessee or used by the user during the fiscal year.

      4.  The taxable value of other taxable personal property, except mobile homes, must be determined by subtracting from the cost of replacement of the property all applicable depreciation and obsolescence. Depreciation of a billboard must be calculated at 1.5 percent of the cost of replacement for each year after the year of acquisition of the billboard, up to a maximum of 50 years.

      5.  The computed taxable value of any property must not exceed its full cash value. Each person determining the taxable value of property shall reduce it if necessary to comply with this requirement. A person determining whether taxable value exceeds full cash value or whether obsolescence is a factor in valuation may consider:

      (a) Comparative sales, based on prices actually paid in market transactions.

      (b) A summation of the estimated full cash value of the land and contributory value of the improvements.

      (c) Capitalization of the fair economic income expectancy or fair economic rent.

A county assessor is required to make the reduction prescribed in this subsection if the owner calls to his attention the facts warranting it, if he discovers those facts during physical reappraisal of the property or if he is otherwise aware of those facts.

      6.  The taxable value of property is not subject to challenge pursuant to subsection 5 on the basis that the right to the use and enjoyment of property that is owned by an entity exempt from taxation but is leased to or used by a person who is not exempt from taxation pursuant to a leasehold interest, possessory interest, beneficial interest or beneficial use has a lesser full cash value than the same right pursuant to an ownership interest.

      7.  The Nevada tax commission shall by regulation establish:

      (a) Standards for determining the cost of replacement of improvements of various kinds.

      (b) Standards for determining the cost of replacement of personal property of various kinds. The standards must include a separate index of factors for application to the acquisition cost of a billboard to determine its replacement cost.

      (c) Schedules of depreciation for personal property based on its estimated life.

      (d) Criteria for the valuation of two or more parcels as a subdivision.

      [7.]8.  In determining the cost of replacement of personal property for the purpose of computing taxable value, the cost of all improvements of the personal property, including any additions to or renovations of the personal property but excluding routine maintenance and repairs, must be added to the cost of acquisition of the personal property.


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

ê1993 Statutes of Nevada, Page 2314 (Chapter 562, AB 735)ê

 

property but excluding routine maintenance and repairs, must be added to the cost of acquisition of the personal property.

      [8.]9.  The county assessor shall, upon the request of the owner, furnish within 15 days to the owner a copy of the most recent appraisal of the property.

      [9.]10.  The provisions of this section do not apply to property which is assessed pursuant to NRS 361.320.

      Sec. 5.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 563, AB 731

Assembly Bill No. 731—Committee on Taxation

CHAPTER 563

AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide expressly an exemption for the gross receipts from the sale of tangible personal property by specified governmental entities and by certain organizations created for religious, charitable or eleemosynary purposes; contingently providing the same exemption for certain analogous taxes; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  At the general election on November 8, 1994, a proposal must be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.

      Sec. 2.  At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.

      Sec. 3.  The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:

      Notice is hereby given that at the general election on November 8, 1994, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:

AN ACT to amend an act entitled “An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto.” approved March 29, 1955, as amended.

 

THE PEOPLE OF THE STATE OF NEVADA DO ENACT AS FOLLOWS:

 

       Section 1.  Section 50 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 771, is hereby amended to read as follows:


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ê1993 Statutes of Nevada, Page 2315 (Chapter 563, AB 731)ê

 

      Sec. 50.  There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of any tangible personal property by or to:

      [(a)]1.  The United States, its unincorporated agencies and instrumentalities.

      [(b)]2.  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.

      [(c)]3.  The State of Nevada, its unincorporated agencies and instrumentalities.

      [(d)]4.  Any county, city, district [,] or other political subdivision of this state.

      [(e)]5.  Any organization created for religious, charitable or eleemosynary purposes, provided that no part of the net earnings of any such organization inures to the benefits of any private shareholder or individual.

       Sec. 2.  This act becomes effective on January 1, 1995.

      Sec. 4.  The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:

       Shall the Sales and Use Tax Act of 1955 be amended to provide an express exemption from the taxes imposed by this act on the gross receipts from the sale of any tangible personal property by the United States, by any unincorporated agency or instrumentality of the United States, by certain incorporated agencies or instrumentalities of the United States, by the State of Nevada, by any political subdivision of the State of Nevada or by certain organizations created for religious, charitable or eleemosynary purposes?

 

Yes ¨          No ¨

      Sec. 5.  The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:

 

(Explanation of Question)

       The proposed amendment to the Sales and Use Tax Act of 1955 would expressly exempt from the taxes imposed by this act the gross receipts from the sale of any tangible personal property by the United States, by any unincorporated agency or instrumentality of the United States, by certain incorporated agencies or instrumentalities of the United States, by the State of Nevada, by any political subdivision of the State of Nevada or by certain organizations created for religious, charitable or eleemosynary purposes.

If this proposal is adopted, the legislature has provided that the Local School Support Tax Law and the City-County Relief Tax Law will be amended to provide the same exemption.

      Sec. 6.  If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes effective on January 1, 1995. If less than a majority of votes cast on the question is yes, the question fails and the amendment to the Sales and Use Tax Act of 1955 does not become effective.


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

ê1993 Statutes of Nevada, Page 2316 (Chapter 563, AB 731)ê

 

fails and the amendment to the Sales and Use Tax Act of 1955 does not become effective.

      Sec. 7.  All general election laws not inconsistent with this act are applicable.

      Sec. 8.  Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the proposed amendment was adopted by a majority of those registered voters.

      Sec. 9.  NRS 374.330 is hereby amended to read as follows:

      374.330  There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of any tangible personal property by or to:

      1.  The United States, its unincorporated agencies and instrumentalities.

      2.  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.

      3.  The State of Nevada, its unincorporated agencies and instrumentalities.

      4.  Any county, city, district or other political subdivision of this state.

      5.  Any organization created for religious, charitable or eleemosynary purposes, provided that no part of the net earnings of any such organization inures to the benefit of any private shareholder or individual.

      Sec. 10.  Section 9 of this act becomes effective on January 1, 1995, only if the question provided for in section 3 of this act is approved by the voters at the general election on November 8, 1994.

 

________

 

 

CHAPTER 564, AB 727

Assembly Bill No. 727—Committee on Ways and Means

CHAPTER 564

AN ACT relating to municipal securities; revising the provisions governing the purchase of municipal securities by the state; authorizing the issuance of state securities to acquire revenue securities issued by municipalities; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 350A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  “Allocable local revenues” means amounts received by the state which are payable to a municipality and which are designated as allocable by the municipality in the instrument authorizing the revenue security with respect to a particular lending project. The term does not include money derived from state taxation unless the supreme court of this state has adjudged that the use for this purpose of money derived from state taxation will not cause the revenue security to be a debt of the state, or money which is pledged to other securities or obligations of the municipality unless that money can be used without adversely affecting the pledge.


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

ê1993 Statutes of Nevada, Page 2317 (Chapter 564, AB 727)ê

 

derived from state taxation unless the supreme court of this state has adjudged that the use for this purpose of money derived from state taxation will not cause the revenue security to be a debt of the state, or money which is pledged to other securities or obligations of the municipality unless that money can be used without adversely affecting the pledge.

      Sec. 3.  “Revenue securities” means notes, warrants, interim debentures, bonds and temporary bonds validly issued by a municipality as obligations for a purpose related to any undertaking which the municipality is authorized to complete and which are payable from:

      1.  The revenues of one or more such undertakings;

      2.  Taxes levied by or on behalf of the municipality for revenues pledged by the municipality which are not derived from a project; or

      3.  Any combination of those revenues and taxes.

The term does not include municipal securities or obligations issued pursuant to the provisions of NRS 244A.669 to 244A.763, inclusive, 268.512 to 268.568, inclusive, or 315.140 to 315.780, inclusive.

      Sec. 4.  1.  This chapter does not confer upon a municipality authority to pledge revenues for the payment of revenue securities. Any such authority must be derived from other law.

      2.  No state securities may be issued pursuant to this chapter for the purpose of acquiring revenue securities unless the governing body of the municipality issuing the revenue securities includes within the ordinance, resolution or other instrument authorizing the issuance of the revenue securities a statement authorizing the state treasurer and any other appropriate state officer to withhold from any allocable local revenues to which the municipality is otherwise entitled an amount necessary and legally available to pay the principal and interest due on the revenue securities if the municipality fails to pay timely such principal and interest. The governing body of the municipality shall provide to the state treasurer:

      (a) A copy of the ordinance, resolution or other instrument authorizing the issuance of the revenue securities;

      (b) A schedule of payments for the revenue securities; and

      (c) The name and address of the person from whom payments of principal and interest on the revenue securities will be received by the state treasurer.

      2.  Payments of principal and interest on revenue securities must be due not later than 1 working day before the payments of principal and interest are due on the state securities issued to acquire the revenue securities. If a payment of the principal or interest on revenue securities is not received by the state treasurer by the date on which the payment is due, the state treasurer shall immediately notify the municipality to determine if the payment will be immediately forthcoming. If the payment will not be immediately forthcoming, the state treasurer shall:

      (a) Forward the amount necessary to make the payment from any legally available money in the reserve fund created for that purpose in the bond bank fund; and

      (b) Withhold that amount from the next payment to the municipality of allocable local revenues legally available therefor. If the amount so withheld is insufficient to pay the amount due, the state treasurer may continue to withhold any amounts necessary from subsequent payments to the municipality until the amount due is paid.


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

ê1993 Statutes of Nevada, Page 2318 (Chapter 564, AB 727)ê

 

withhold any amounts necessary from subsequent payments to the municipality until the amount due is paid.

      3.  If, after being notified pursuant to this section, a municipality fails to make a payment of principal or interest on any revenue securities issued by it, the state treasurer shall notify the state board of finance and the department of taxation and request that corrective action be taken pursuant to the provisions of NRS 354.650 to 354.720, inclusive.

      4.  The state controller and the director of the department of administration shall approve requisitions or transfers required pursuant to this section and take such other action as is necessary to carry out the provisions of this section.

      Sec. 5.  NRS 350A.010 is hereby amended to read as follows:

      350A.010  The legislature finds that:

      1.  It is in the public interest to foster and promote the protection and preservation of the property and natural resources of the State of Nevada, and to obtain the benefits thereof , [;] and that the state should encourage and assist municipalities in undertaking local projects for such purposes by making loans to municipalities which might not be otherwise available or which might be available only at prohibitive interest rates; [and]

      2.  The making of such loans and the issuing of state securities therefor as general obligations are necessary, expedient and advisable for the protection and preservation of the property and natural resources of the State of Nevada and for obtaining the benefits thereof [.] ; and

      3.  Because of market conditions relating to credit and public finance, it is in the public interest to assist municipalities in the acquisition, construction or equipping of public improvements by providing money to municipalities at reasonable rates of interest through the issuance of state securities to finance the acquisition of revenue securities.

      Sec. 6.  NRS 350A.020 is hereby amended to read as follows:

      350A.020  As used in this chapter, the words and terms defined in NRS 350A.030 to 350A.120, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.

      Sec. 7.  NRS 350A.040 is hereby amended to read as follows:

      350A.040  “Cost of a lending project” means all or any designated part of the cost of any lending project, including any incidental cost pertaining to such a project. The cost of a lending project may include, without limitation, the costs of:

      1.  Surveys, audits, preliminary plans, other plans, specifications, estimates and other costs of preparations.

      2.  Appraising, printing, estimating, advice, services of engineers, architects, financial consultants, attorneys, clerical personnel and other agents and employees.

      3.  Publishing, posting, mailing and otherwise giving notice, filing or recording instruments, taking options and fees to banks.

      4.  Establishment of a reserve for contingencies.

      5.  Interest on state securities [issued as general obligations] for any time which does not exceed 3 years, discounts on such state securities, reserves for the payment of the principal of and interest on such securities, replacement expenses and other costs of issuing such securities.


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

ê1993 Statutes of Nevada, Page 2319 (Chapter 564, AB 727)ê

 

      6.  Amending any resolution or other instrument authorizing the issuance of, or otherwise relating to, state securities for any lending project.

      7.  Funding short-term financing.

      8.  Financing the issuance of state securities and any other expenses necessary in connection with a lending project, as determined by the board.

      Sec. 8.  NRS 350A.060 is hereby amended to read as follows:

      350A.060  “Lending project” means any undertaking which the state is authorized to complete in connection with loans to municipalities made by the purchase of [municipal] :

      1.  Municipal securities validly issued for a purpose related to natural resources [.] ; or

      2.  Revenue securities validly issued for a purpose related to any undertaking which a municipality is authorized to complete.

      Sec. 9.  NRS 350A.100 is hereby amended to read as follows:

      350A.100  “Revenues of a lending project” means any money, except the proceeds of taxes levied by the state, received by the state treasurer from or in respect to any lending project, including without limitation:

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

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

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

      4.  Money derived from the investment and reinvestment of any of these.

      Sec. 10.  NRS 350A.110 is hereby amended to read as follows:

      350A.110  “State securities” means notes, warrants, interim debentures, bonds and temporary bonds issued as [general] :

      1.  General obligations by the state pursuant to this chapter for any lending project which is for a purpose related to natural resources or for a refunding which are payable from taxes, whether or not additionally secured by a pledge of all or any designated revenues of one or more lending projects [.] ; or

      2.  Limited obligations by the state pursuant to this chapter for any lending project which is for a purpose related to any undertaking which a municipality is authorized to complete or for a refunding which are payable from the revenues of one or more lending projects.

      Sec. 11.  NRS 350A.130 is hereby amended to read as follows:

      350A.130  In order to [protect] :

      1.  Protect and preserve the property and natural resources of the state, and to obtain the benefits thereof [,] ; and

      2.  Assist municipalities in the acquisition, construction and equipping of public improvements,

the state treasurer may make loans to municipalities by purchasing their municipal securities validly issued for a purpose related to natural resources [.]


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

ê1993 Statutes of Nevada, Page 2320 (Chapter 564, AB 727)ê

 

[.] or their revenue securities validly issued for a purpose related to any undertaking which the municipality is authorized to complete.

      Sec. 12.  NRS 350A.140 is hereby amended to read as follows:

      350A.140  1.  The state treasurer is the administrator of the municipal bond bank.

      2.  In his capacity as administrator, the state treasurer may:

      (a) Sue and be sued to establish or enforce any right arising out of a lending project or of any state securities issued pursuant to this chapter;

      (b) Acquire and hold municipal securities [,] and revenue securities, and exercise all of the rights of holders of those securities;

      (c) Sell or otherwise dispose of municipal securities and revenue securities and assets acquired in connection with those securities, unless limited by any agreement which relates to [the] those securities;

      (d) Make contracts and execute all necessary or convenient instruments;

      (e) Accept grants of money from the Federal Government, the state, any agency or political subdivision, or any other person;

      (f) Adopt regulations relating to lending projects and the administration of lending projects;

      (g) Employ for himself or for any municipality, any necessary legal, fiscal, engineering and other expert services in connection with lending projects and with the authorization, sale and issuance of state securities , [and] municipal securities [;] and revenue securities;

      (h) Enter into agreements and arrangements consistent with the provisions of this chapter with respect to the issuance of state securities and the purchase of municipal and revenue securities; [and]

      (i) Make findings concerning the sufficiency of revenues and taxes pledged for the payment of revenue securities to repay state securities which were issued to acquire those revenue securities; and

      (j) Undertake other matters which he determines to be necessary or desirable in accomplishing the purposes of this chapter.

      Sec. 13.  NRS 350A.150 is hereby amended to read as follows:

      350A.150  1.  The board may, at the request of the state treasurer, to pay the cost of any lending project, borrow money or otherwise become obligated, and may provide evidence of those obligations by issuing state securities.

      2.  State securities issued to acquire municipal securities may be outstanding pursuant to this chapter in an aggregate principal amount of not more than $600,000,000.

      3.  State securities issued to:

      (a) Acquire municipal securities must be payable from taxes and may be additionally secured by all or any designated revenues from one or more lending projects.

      (b) Acquire revenue securities must be payable from all or any designated revenues from one or more lending projects and from allocable local revenues payable to a municipality.

Any such state securities may be issued without an election or other preliminaries. No state securities may be issued to refund any municipal securities issued before May 29, 1981.


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

ê1993 Statutes of Nevada, Page 2321 (Chapter 564, AB 727)ê

 

      4.  No state securities may be issued to acquire revenue securities unless:

      (a) The state treasurer presents to the state board of finance findings which indicate that the revenues and taxes pledged to the payment of the revenue securities are sufficient to repay the state securities; and

      (b) The state board of finance approves the findings.

      5.  Provisions of the State Securities Law which are not inconsistent with the provisions of this chapter apply to the issuance of state securities pursuant to this chapter.

      Sec. 14.  NRS 350A.155 is hereby amended to read as follows:

      350A.155  1.  The board may, at the request of the state treasurer, issue state securities to refund any state securities issued pursuant to this chapter in the manner prescribed by and subject to the limitations of the State Securities Law for refunding.

      2.  No state securities may be issued pursuant to this section without the concurrence of the municipality which issued the municipal or revenue securities purchased with the proceeds of the state securities to be refunded. At or before the time state securities are issued pursuant to this section, the state treasurer and the municipality must agree as to the method of paying any costs incurred, making any cash deposits required for the refunding escrow, and allocating any savings achieved in connection with the refunding. Such a method may include an exchange of [municipal] :

      (a) Municipal securities acquired and held by the state treasurer pursuant to this chapter for new securities validly issued as general obligations by the municipality or municipalities.

      (b) Revenue securities acquired and held by the state treasurer pursuant to this chapter for new securities validly issued by the municipality or municipalities.

New securities received from a municipality by the state treasurer must be held and payments received thereon applied in the same manner as required by this chapter for the original municipal or revenue securities.

      3.  The principal amount of state securities which have been refunded pursuant to this section must not be considered in computing compliance with the limitation of subsection 2 of NRS 350A.150, but outstanding state securities issued pursuant to this section are subject to that limitation.

      4.  NRS 350A.160 does not apply to state securities issued pursuant to this section.

      Sec. 15.  NRS 350A.160 is hereby amended to read as follows:

      350A.160  The board shall not become obligated with respect to [any] a particular lending project unless [and until] it has obtained judicial confirmation, in a proceeding [under] pursuant to chapter 43 of NRS or another proceeding, that the obligation to be incurred for that project will be exempt [, pursuant to the second paragraph of section 3 of article 9 of the constitution,] from the state’s debt limit. If an appeal is taken or the confirmation is otherwise reviewed, the obligation must not be incurred unless the exemption is affirmed by the court of last resort.


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ê1993 Statutes of Nevada, Page 2322 (Chapter 564, AB 727)ê

 

      Sec. 16.  NRS 350A.180 is hereby amended to read as follows:

      350A.180  A municipality may sell its municipal or revenue securities to the state at a private sale and may pay or obligate itself to pay to the state fees or charges in connection with any lending project.

 

________

 

 

CHAPTER 565, AB 722

Assembly Bill No. 722—Committee on Commerce

CHAPTER 565

AN ACT relating to used property; requiring pawnbrokers to obtain an additional license to accept vehicles as pledged property; increasing the required period for the retention of property by pawnbrokers and secondhand dealers; increasing the rate of interest which may be charged for money loaned by pawnbrokers; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 646.040 is hereby amended to read as follows:

      646.040  No property received in pledge by [any] a pawnbroker may be removed from his place of business, except when redeemed by the owner thereof, within [10] 30 days after the receipt thereof is reported to the sheriff or the chief of police as provided in this chapter.

      Sec. 2.  NRS 646.050 is hereby amended to read as follows:

      646.050  1.  A pawnbroker may charge and receive interest at the rate of [6] 8 percent a month for money loaned on the security of personal property actually received in pledge, and a person shall not ask or receive a higher rate of interest or discount on any such loan, or on any actual or pretended sale or redemption of personal property. For any loan made a pawnbroker may make an initial charge of $5 in addition to interest at the authorized rate.

      2.  All personal property must be held for redemption for at least 120 days after the date of pledge with any pawnbroker.

      3.  A pawnbroker shall give to the person securing the loan a printed receipt clearly showing the amount loaned and rate of interest, together with a description of the pledged property. The reverse side of the receipt must be marked in such a manner that the amounts of principal and interest paid by the person securing the loan can be clearly designated. Each payment must be entered upon the reverse side of the receipt and each entry must designate how much of the payment is being credited to principal and how much to interest, with dates of payments shown thereon.

      4.  A pawnbroker shall not charge more than $3 per day for the storage of a motor vehicle which is collateral for a loan.

      Sec. 3.  NRS 646.060 is hereby amended to read as follows:

      646.060  [Every] A pawnbroker, and [every] a clerk, agent or employee of a pawnbroker, is guilty of a misdemeanor if he:

      1.  Fails to make an entry of any material matter in his book or record kept as provided for in NRS 646.020.


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ê1993 Statutes of Nevada, Page 2323 (Chapter 565, AB 722)ê

 

      2.  Makes [any] a false entry in his book or record.

      3.  Obliterates, destroys or removes from his place of business the book or record.

      4.  Refuses to allow the district attorney or [any] a peace officer to inspect the book or record of any goods in his possession, during the ordinary hours of business.

      5.  Reports [any] a material matter falsely to the sheriff or to the chief of police.

      6.  Fails to report forthwith to the sheriff or to the chief of police the possession of [any] property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom he received the property.

      7.  Removes property received or allows it to be removed from his place of business, except upon redemption by the owner thereof, [any property received within 10] within 30 days after the receipt thereof is reported to the sheriff or to the chief of police.

      8.  Receives [any] property from [any] a person under the age of 18 years, [any] common drunkard, [any] habitual user of controlled substances, [any] habitual criminal, [any] person in an intoxicated condition, [any] known thief or receiver of stolen property, or [any] known associate of a thief or receiver of stolen property, whether the person is acting in his own behalf or as the agent of another.

      9.  Violates any of the provisions of NRS 646.050.

      Sec. 4.  NRS 647.130 is hereby amended to read as follows:

      647.130  No property which has a specific mark for identification or is otherwise individually identifiable and is bought by any secondhand dealer may be removed from his place of business within [10] :

      1.  Thirty days after the receipt thereof is reported or a record of the receipt of the property is furnished or mailed to the sheriff or the chief of police [.] , if the place of business is located in a county whose population is 400,000 or more; or

      2.  Fifteen days after the receipt thereof is reported or a record of the receipt of the property is furnished or mailed to the sheriff or the chief of police, if the place of business is located in a county whose population is less than 400,000.

      Sec. 5. NRS 647.140 is hereby amended to read as follows:

      647.140  [Every] A secondhand dealer and [every] a clerk, agent or employee of a secondhand dealer is guilty of a misdemeanor if he:

      1.  Fails to make an entry of any material matter in his book or record kept as provided for in NRS 647.110.

      2.  Makes [any] a false entry in his book or record.

      3.  Obliterates, destroys or removes from his place of business the book or record.

      4.  Refuses to allow the district attorney or [any] a peace officer to inspect the book or record or any goods in his possession, during the ordinary hours of business.

      5.  Reports [any] a material matter falsely to the sheriff or to the chief of police.


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

ê1993 Statutes of Nevada, Page 2324 (Chapter 565, AB 722)ê

 

      6.  Fails to report forthwith to the sheriff or to the chief of police the possession of [any] property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom he received the property.

      7.  Removes specifically marked or otherwise individually identifiable property received or allows it to be removed from his place of business [any specifically marked property received, within 10 days after the record of the receipt of the property is furnished or mailed to the sheriff or to the chief of police.] in violation of the provisions of NRS 647.130.

      8.  Receives [any] property from [any] a person under the age of 18 years, [any] common drunkard, [any] habitual user of controlled substances, [any] habitual criminal, [any] person in an intoxicated condition, [any] known thief or receiver of stolen property, or [any] known associate of a thief or receiver of stolen property, whether the person is acting in his own behalf or as the agent of another.

      Sec. 6.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the board of county commissioners requires a license to engage in business as a pawnbroker, it shall also require an additional license if the pawnbroker accepts motor vehicles as pledged property or in any other manner allows the use of a motor vehicle as collateral for a loan. A license authorizing a pawnbroker to accept motor vehicles as pledged property must not be issued to a person who does not have a license to engage in business as a pawnbroker.

      2.  The board shall charge and collect an additional fee of not more than $500 for each license authorizing a pawnbroker to accept motor vehicles as pledged property, and shall issue the license upon payment of the prescribed fee.

      Sec. 7.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the governing body of an incorporated city requires a license to engage in business as a pawnbroker, it shall also require an additional license if the pawnbroker accepts motor vehicles as pledged property or in any other manner allows the use of a motor vehicle as collateral for a loan.

      2.  The governing body shall charge and collect an additional fee of not more than $500 for each license authorizing a pawnbroker to accept motor vehicles as pledged property, and shall issue the license upon payment of the prescribed fee.

      Sec. 8.  Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the town board or board of county commissioners requires a license to engage in business as a pawnbroker in an unincorporated town, it shall also require an additional license if the pawnbroker accepts motor vehicles as pledged property or in any other manner allows the use of a motor vehicle as pledged property or in any other manner allows the use of a motor vehicles as collateral for a loan. A license authorizing a pawnbroker to accept motor vehicles as pledged property must not be issued to a person who does not have a license to engage in business as a pawnbroker.

      2.  The board shall charge and collect an additional fee of not more than $500 for each license authorizing a pawnbroker to accept motor vehicles as pledged property, and shall issue the license upon payment of the prescribed fee.


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ê1993 Statutes of Nevada, Page 2325 (Chapter 565, AB 722)ê

 

pledged property, and shall issue the license upon payment of the prescribed fee.

      Sec. 9.  NRS 354.5989 is hereby amended to read as follows:

      354.5989  1.  A local government shall not increase any fee for a business license or adopt a fee for a business license issued for revenue or regulation, or both, except as permitted by this section. This prohibition does not apply to fees:

      (a) Imposed by hospitals, county airports, airport authorities, convention authorities, the Las Vegas Valley Water District or the Clark County Sanitation District;

      (b) Imposed on public utilities for the privilege of doing business pursuant to a franchise; or

      (c) For business licenses which are calculated as a fraction or percentage of the gross revenue of the business.

      (d) Required by sections 6, 7 and 8 of this act.

      2.  The amount of revenue the local government derives or is allowed to derive, whichever is greater, from all fees for business licenses except those excluded by subsection 1, for the fiscal year ended on June 30, 1991, is the base from which the maximum allowable revenue from such fees must be calculated for the next subsequent year. To the base must be added the sum of the amounts respectively equal to the product of the base multiplied by the percentage increase in the population of the local government added to the percentage increase in the Consumer Price Index for the year ending on December 31 next preceding the year for which the limit is being calculated. The amount so determined becomes the base for computing the allowed increase for each subsequent year.

      3.  A local government may not increase any fee for a business license which is calculated as a fraction or percentage of the gross revenue of the business if its total revenues from such fees have increased during the preceding fiscal year by more than the increase in the Consumer Price Index during that preceding calendar year. This subsection does not apply to additional fees required by sections 6, 7 and 8 of this act.

      4.  A local government may submit an application to increase its revenue from fees for business licenses beyond the amount allowable under this section to the Nevada tax commission, which may grant the application only if it finds that:

      (a) Emergency conditions exist which impair the ability of the local government to perform the basic functions for which it was created; or

      (b) The rate of a business license of the local government is substantially below that of other local governments in the state.

      5.  The provisions of this section apply to any business license regardless of the fund to which the revenue from it is assigned. An ordinance or resolution enacted by a local government in violation of the provisions of this section is void.

      6.  As used in this section, “fee for a business license” does not include a tax imposed on the revenues from the rental of transient lodging.

 

________

 

 


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ê1993 Statutes of Nevada, Page 2326ê

 

CHAPTER 566, AB 696

Assembly Bill No. 696—Committee on Government Affairs

CHAPTER 566

AN ACT creating the Tricounty Railway Commission of Carson City and Lyon and Storey counties; providing for the appointment, number, terms, reimbursement, powers and duties of the commissioners; specifying the powers of the commission; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

      whereas, On February 19, 1869, ground was broken for the Virginia and Truckee Railroad and 8 months later it was doing business between Virginia City and Carson City, a distance of 21 miles; and

      whereas, The 13-mile portion of the track between Virginia City and the Carson River is a continuous incline that has caused the Virginia and Truckee Railroad to be called the “crookedest” railway in the United States because the total of the curves in the track are equal to going 17 times around a circle; and

      whereas, Running from 30 to 45 trains per day, the Virginia and Truckee Railroad carried supplies of all kinds, including heavy machinery for the mines and goods and merchandise for the towns of Virginia City and Gold Hill and returned with ore from the mines for the mills on the Carson River, carrying from 500 to 800 tons of ore daily out of the Comstock Lode; and

      whereas, The Virginia and Truckee Railroad has been recognized nationally as one of the greatest engineering feats of the 1800s; and

      whereas, The Nevada Legislature hereby finds and declares that a general law cannot be made applicable because of the unique nature of the opportunity to restore this “iron horse” of the past and the variety of local governments that must be involved in the restoration; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  As used in this act, unless the context otherwise requires:

      1.  “Commission” means the Tricounty Railway Commission created pursuant to section 2 of this act.

      2.  “Commissioner” means a person appointed to serve on the commission pursuant to section 3 of this act.

      3.  “County” includes Carson City.

      4.  “Governing bodies” means the board of supervisors of Carson City and the boards of county commissioners of Lyon and Storey counties.

      Sec. 2.  1.  The Tricounty Railway Commission of Carson City and Lyon and Storey counties is hereby created.

      2.  The property and revenues of the commission, and any interest therein, are exempt from all state and local taxation.

      3.  The commission is a body corporate and politic, the geographical jurisdiction of which is Carson City and Lyon and Storey counties.

      4.  The provisions of this act must be broadly construed to accomplish its purposes.

      Sec. 3.  1.  The commission must be composed of five commissioners appointed as follows:


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

ê1993 Statutes of Nevada, Page 2327 (Chapter 566, AB 696)ê

 

      (a) Two members appointed by the board of supervisors of Carson City, at least one of whom must be a member of that board;

      (b) One member appointed by the board of county commissioners of Lyon County from among its members;

      (c) One member appointed by the board of county commissioners of Storey County from among its members; and

      (d) One member appointed by the Virginia and Truckee Historical Railroad Society from among its members.

      2.  If the Virginia and Truckee Historical Railroad Society ceases to exist but is replaced by an entity which is organized for the same purposes, that entity is entitled to appoint the member pursuant to paragraph (d) of subsection 1. If the society ceases to exist and is not replaced, the number of commissioners is reduced to four and no member may be appointed pursuant to paragraph (d) of subsection 1.

      3.  As soon as practicable after July 1, 1993, the appointing authorities shall make the appointments required by subsection 1. One commissioner appointed pursuant to paragraph (a) of subsection 1, as determined by the board of supervisors of Carson City, and the member appointed pursuant to paragraph (d) of subsection 1 must be appointed to an initial term of 2 years. All of the other appointments must be for initial terms of 4 years. After the initial terms, the term of office of each commissioner is 4 years. A member is eligible for reappointment.

      4.  The office of a member who is required as a qualification for appointment to be a member of the body appointing him becomes vacant on the date he ceases to be a member of that appointing body.

      5.  Each commissioner serves at the pleasure of his appointing authority and all vacancies must be filled for the unexpired term in the same manner as the original appointment.

      Sec. 4.  1.  Each commissioner appointed pursuant to paragraph (b) or (c) of subsection 1 of section 3 of this act shall file his oath of office with the clerk of the county from which he was appointed and all other commissioners shall file their oaths of office with the clerk of Carson City.

      2.  The commissioners must serve without compensation, but a commissioner may be reimbursed for expenses actually incurred by him for travel authorized by the commission.

      3.  The commission shall elect a chairman, vice chairman, secretary and treasurer from among its members. The secretary and the treasurer may be one person. The terms of the officers expire on July 1 of each odd-numbered year.

      4.  The secretary shall maintain a record of all of the proceedings of the commission, minutes of all meetings, certificates, contracts and other acts of the commission. The records must be open to the inspection of all interested persons at a reasonable time and place.

      5.  The treasurer shall keep an accurate account of all money received by and disbursed on behalf of the commission. He shall file with the clerk of Carson City, at the expense of the commission, a fidelity bond in an amount not less than $10,000, conditioned for the faithful performance of his duties.

      Sec. 5.  1.  The commission shall meet upon the call of the chairman or a majority of the commissioners.


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

ê1993 Statutes of Nevada, Page 2328 (Chapter 566, AB 696)ê

 

      2.  A majority of the commissioners constitutes a quorum at any meeting.

      3.  The governing bodies shall each make available an appropriate meeting room and provide adequate clerical staff and equipment to provide adequate notice of the meeting and to produce minutes of the meeting and any other assistance necessary to allow the commission to comply with the provisions of chapter 241 of NRS.

      4.  The commission shall alternate the location of its meetings among the facilities provided pursuant to subsection 1.

      5.  A commissioner is not personally liable for any actions taken or omitted in good faith in the performance of his duties pursuant to the provisions of this act.

      Sec. 6.  The commission may:

      1.  Acquire by gift, devise, purchase, lease or trade any real and personal property it deems necessary for any project authorized by this act.

      2.  Lease, sell or otherwise dispose of any property.

      3.  Enter into any contracts necessary for any project authorized by this act. The duration of any such contracts may exceed the terms of office of the commissioners.

      4.  Construct and provide for the maintenance of walkways, parks and pathways for bicycles.

      5.  Solicit, accept and use gifts, grants and other donations from public and private sources.

      6.  Exercise the power of eminent domain as provided in chapter 37 of NRS to acquire the property rights necessary for any project authorized by this act, which is hereby declared to be a public purpose.

      7.  Adopt, enforce, amend and repeal any rules and regulations necessary for the administration and use of any railway, park, walkways, pathway for bicycles or other facilities leased, constructed, created or acquired by the commission.

      8.  Employ or contract with any persons or governmental entities necessary for the operation or maintenance of any project authorized pursuant to this act.

      9.  Establish fees and other charges for the use of any railway, park, walkways, pathway for bicycles or other facilities leased, constructed, created or acquired by the commission.

      10.  Regulate vehicular traffic on the right of ways and property leased or owned by the commission.

      11.  Grant any exclusive franchises and concessions it deems appropriate to carry out the provisions of this act.

      12.  Take such other actions necessary to accomplish the purposes of this act and to comply with any statute or regulation of this state or of the Federal Government.

      Sec. 7.  1.  The commission may do all things necessary to establish and maintain a railway, including, without limitation:

      (a) Purchasing, leasing or otherwise acquiring right of ways and constructing railways and any facilities or other appurtenances it deems appropriate in connection therewith; and

      (b) Operating or granting franchises for the operation of a railroad that carries passengers to locations within the jurisdiction of the commission.


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ê1993 Statutes of Nevada, Page 2329 (Chapter 566, AB 696)ê

 

      2.  In addition to regulation by another agency related to public health and safety that is required by local ordinance or state or federal law, the commission shall regulate all franchisees and concessionaires who operate on the right of way or property owned or leased by the commission.

      3.  A railway acquired, constructed or leased by the commission pursuant to this act is not a street railway for the purposes of chapter 709 of NRS.

      4.  Notwithstanding any provision of Title 58 of NRS to the contrary, the rates charged by a railroad operated by the commission or pursuant to a franchise or other agreement with the commission, are not subject to regulation by the public service commission of Nevada.

      Sec. 8.  1.  The commission may enter into an agreement with the district attorney of Carson City or Lyon or Storey County, or any combination thereof, to provide legal services to the commission. The commission may authorize payment to the district attorney for the costs to the district attorney for providing such services.

      2.  The commission shall enter into an agreement with the treasurer of Carson City or Lyon or Storey County to create a fund for the commission and pay all claims against the fund that are properly approved by the commission. The commission may authorize payment to the treasurer for the costs to the treasurer for providing such services.

      3.  All money received by the commission must be deposited in the fund created pursuant to subsection 2. The money in the fund must be used only for the necessary expenses of the commission and the costs of the projects authorized by this act.

      Sec. 9.  1.  The commission shall adopt a budget for its operation and for each project it proposes for presentation to the governing bodies. Each budget must be accompanied by a proposed allocation of the net cost of the budget among the governing bodies which must be based upon the benefit of the commission or project to the jurisdiction of the governing body or another equally appropriate indicator.

      2.  Upon final determination and allocation of the costs by agreement of the governing bodies, each governing body shall include its portion of the costs in its budget for the purposes of chapter 354 of NRS and shall fund its share of the cost by:

      (a) Issuing bonds pursuant to chapter 350 of NRS;

      (b) Imposing an additional tax on the rental of transient lodging;

      (c) Upon approval by the voters, imposing an additional tax upon retailers at a rate not exceeding one-half of 1 percent of the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed in the county;

      (d) Upon approval of the voters, levying a property tax not exceeding 2 cents per $100 of assessed valuation on all taxable property in the county; or

      (e) Any combination of the options provided in paragraphs (a) to (d), inclusive, including the issuance of bonds which will be repaid from the revenue of one or more of the taxes authorized in this section which may be treated as pledged revenues for the purposes of NRS 350.020.

      3.  If the county imposes a tax pursuant to paragraph (c) of subsection 2 it shall include in the ordinance imposing the tax:


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

ê1993 Statutes of Nevada, Page 2330 (Chapter 566, AB 696)ê

 

      (a) Provisions substantially identical to those contained in chapter 374 of NRS;

      (b) A provision stating that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with the provisions of the ordinance, automatically become a part of the ordinance;

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

      (d) The date on which the tax must first be imposed, which must not be earlier than the first day of the second calendar month following the adoption of the ordinance by the governing body.

      4.  The commission is not entitled to a distribution of revenue from the supplemental city-county relief tax.

      Sec. 10.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, the invalidity does not affect the provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

      Sec. 11.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 567, AB 706

Assembly Bill No. 706—Committee on Government Affairs

CHAPTER 567

AN ACT relating to counties; authorizing the county fair and recreation boards in larger counties to expend money to improve, operate or maintain certain airports; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244.3354 is hereby amended to read as follows:

      244.3354  1.  The proceeds of the tax imposed pursuant to NRS 244.3352 and any applicable penalty or interest must be distributed as follows:

      [1.](a) Three-eighths must be paid to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism.

      [2.](b) Five-eighths must be deposited with the county fair and recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the board of county commissioners, to be used to advertise the resources of that county related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.

      2.  In a county whose population is 400,000 or more, the money deposited pursuant to paragraph (b) of subsection 1 may also be used in the manner authorized by section 2 of this act.


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

ê1993 Statutes of Nevada, Page 2331 (Chapter 567, AB 706)ê

 

      Sec. 2.  Chapter 244A 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, in a county whose population is 400,000 or more, the county fair and recreation board, in addition to any other powers, may also use any money that it receives to pay the cost of projects for improving, operating or maintaining an airport, or any combination thereof, including, without limitation, projects designed to encourage tourism or to improve access to airports by tourists.

      2.  Money may only be used pursuant to this section with respect to an airport that is not less than 90 miles by road from any airport owned by the county with 100 or more scheduled flights per day.

      3.  No money may be expended pursuant to this section with respect to a particular airport:

      (a) In excess of $500,000 during any fiscal year.

      (b) During more than 3 fiscal years.

      Sec. 3.  NRS 268.0962 is hereby amended to read as follows:

      268.0962  1.  The proceeds of the tax imposed pursuant to NRS 268.096 and any applicable penalty or interest must be distributed as follows:

      [1.](a) Three-eighths must be paid to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism.

      [2.](b) Five-eighths must be deposited with the county fair and recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the city council or other governing body of the incorporated city , to be used to advertise the resources of that county or incorporated city related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.

      2.  In a county whose population is 400,000 or more, the money deposited pursuant to paragraph (b) of subsection 1 may also be used in the manner authorized by section 2 of this act.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 2332ê

 

CHAPTER 568, AB 680

Assembly Bill No. 680—Assemblymen McGaughey, Bache, Smith, Gibbons, Freeman, Ernaut, Gregory, Garner, Bennett, Regan, Carpenter, Segerblom, Lambert, de Braga, Anderson, Marvel, Evans, Chowning, Humke, Toomin, Kenny, Myrna Williams, Schneider, Neighbors, Petrak, Hettrick, Bonaventura, Arberry, Spitler, Price, Wendell Williams, Heller, Perkins, Giunchigliani and Tiffany

CHAPTER 568

AN ACT relating to the local school support tax; revising the provision concerning authorized appraisals of vehicles for the purpose of computing the sales tax for certain motor vehicles; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 374.112 is hereby amended to read as follows:

      374.112   1.  For the purposes of this section, “authorized appraisal” means an appraisal of the value of a motor vehicle made by:

      (a) An employee of the department of motor vehicles and public safety on its behalf;

      (b) A county assessor or his employee as an agent of the department of motor vehicles and public safety; [or]

      (c) A person licensed by the department of motor vehicles and public safety as a dealer [, rebuilder or automobile wrecker.] ; or

      (d) An independent appraiser authorized by the department of motor vehicles and public safety.

      2.  When computing the tax on the sale of a vehicle by a seller who is not required to be registered by the department of taxation, the department of motor vehicles and public safety or county assessor as an agent of the department of taxation shall, if an authorized appraisal is submitted [:

      (a) Require the submission of a notarized copy of the bill of sale or a copy of the bill of sale that is witnessed by an employee of the department of motor vehicles and public safety for the particular vehicle; and

      (b) Use] , use as the vehicle’s sales price the amount stated on the authorized appraisal [, the cost of the vehicle as evidenced by the copy of the bill of sale] or $100, whichever is greater.

      3.  The department of motor vehicles and public safety shall establish by regulation the procedure for appraising vehicles and establish and make available a form for an authorized appraisal.

      4.  The department of motor vehicles and public safety shall retain a copy of the appraisal [and bill of sale] considered pursuant to subsection 2 with its record of the collection of the tax.

      5.  A fee which does not exceed $10 may be charged and collected for each authorized appraisal made. Any money so collected by the department of motor vehicles and public safety for such an appraisal made by its employees must be deposited with the state treasurer to the credit of the motor vehicle fund. Any money so collected by a county assessor must be deposited with the county treasurer to the credit of the county’s general fund.


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ê1993 Statutes of Nevada, Page 2333 (Chapter 568, AB 680)ê

 

      6.  If an authorized appraisal is not submitted, the department of motor vehicles and public safety or the county assessor as an agent of the department of taxation shall establish the sales price as a value which is based on the depreciated value of the vehicle as determined in accordance with the schedule in NRS 374.113. To determine the original price from which the depreciation is calculated, the department of motor vehicles and public safety shall use:

      (a) The manufacturer’s suggested retail price in Nevada, excluding options and extras, as of the time the particular make and year model is first offered for sale in Nevada;

      (b) If the vehicle is specially constructed, the original retail price to the original purchaser of the vehicle as evidenced by such document or documents as the department may require;

      (c) The procedures set forth in subsections 3 and 4 of NRS 371.050; or

      (d) If none of these applies, its own estimate from any available information.

 

________

 

 

CHAPTER 569, AB 669

Assembly Bill No. 669—Assemblymen McGaughey, Tiffany, Hettrick, Bache, Toomin, Kenny, Giunchigliani, Schneider, Ernaut, Carpenter, Haller, Collins, Regan, Marvel, Gregory, Augustine, Petrak, Segerblom, Smith, Evans, Price, Anderson, Chowning, Garner and Lambert

CHAPTER 569

AN ACT relating to real property; defining certain terms relating to title insurance; making various changes relating to the transfer of title to real property; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 692A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  “Abstract of title” means any written representation listing all recorded conveyances, instruments and documents which, under the laws of this state, impart constructive notice with respect to the chain of title of the real property described therein. The term does not include a binder, commitment to insure or preliminary report of title.

      Sec. 3.  “Business of title insurance” or “title insurance business” includes:

      1.  The issuance of or proposal to issue any policy of title insurance as an insurer, guarantor or indemnitor;

      2.  The solicitation, negotiation or execution of a policy of title insurance, or the performance of any related services arising out of the execution of a policy of title insurance, excluding reinsurance;


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

ê1993 Statutes of Nevada, Page 2334 (Chapter 569, AB 669)ê

 

      3.  The performance by a title insurer, a title agent or an escrow agency owned, in whole or in part, by a title insurer or title agent, of any service in conjunction with the issuance or contemplated issuance of a policy of title insurance, including, but not limited to, the handling of any escrow, settlement or closing in connection therewith, or doing or proposing to do any business which is in substance the equivalent of the services described in this subsection; and

      4.  The act of a title insurer whereby he provides a prospective purchaser of a policy of title insurance with a closing letter which assures and assumes liability for the proper performance of any services required to conduct a real estate closing performed by a title agent with which the insurer maintains an underwriting agreement.

      Sec. 4.  “Commitment to insure” or “preliminary report of title” means a report furnished in connection with an application for title insurance which constitutes an offer to issue a policy of title insurance subject to the terms, conditions and exceptions stated in the report, but which does not constitute a representation as to the condition of the title to real property. The term does not include an abstract of title.

      Sec. 5.  “Policy of title insurance” or “title policy” means a written instrument or contract by which title insurance liability is assumed. The term does not include an abstract of title, binder, commitment to insure or preliminary report of title.

      Sec. 6.  NRS 692A.011 is hereby amended to read as follows:

      692A.011  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 692A.021 to 692A.080, inclusive, and sections 2 to 5, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 7.  NRS 692A.100 is hereby amended to read as follows:

      692A.100  1.  The commissioner shall provide by regulation for the licensing of title agents, their branch offices, direct writing title insurers and escrow officers.

      2.  Each title agent shall maintain his books of account and record and his vouchers pertaining to title insurance business in a manner which permits the commissioner or his representative to ascertain readily whether the agent has complied with the provisions of this chapter.

      3.  A title agent or escrow officer may engage in the business of handling escrows, settlements and closings if he maintains a separate record of all receipts and disbursements of money held in escrow and does not commingle that money with his own.

      4.  For the purpose of determining its financial condition, fulfillment of its contractual obligations and compliance with law, the commissioner or his representative or the commissioner of financial institutions of the department of commerce or his representative when requested by the commissioner of insurance shall each year examine or cause to be examined the affairs, transactions, agreements, assets, records and accounts, including the escrow accounts, of a title agent, title insurer or escrow officer.

      5.  A title agent or insurer may engage a certified public accountant to perform such an examination in lieu of the commissioner. In such a case, the examination must be equivalent to the type of examination made by the commissioner and the expense must be borne by the title agent or insurer being examined.


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commissioner and the expense must be borne by the title agent or insurer being examined.

      6.  The commissioner shall determine whether an examination performed by an accountant pursuant to subsection 5 is equivalent to an examination conducted by him. The commissioner may examine any area of the operation of a title agent or insurer if the commissioner determines that the examination of that area is not equivalent to an examination conducted by him.

      7.  A person shall not become licensed to circumvent the provisions of this chapter or any other law of this state.

      Sec. 8.  NRS 692A.120 is hereby amended to read as follows:

      692A.120  1.  Each title insurer shall file with the commissioner all rate schedules, schedules of charges and all forms, including:

      (a) Preliminary reports of title.

      (b) Binders for insurance and commitments to insure.

      (c) Letters of indemnity.

      (d) Policies of insurance or guaranty.

      (e) Terms and conditions of insurance coverage or guarantee which relate to title to any interest in property.

      2.  A title insurer need not file:

      (a) Reinsurance contracts and agreements.

      (b) Closing letters.

      (c) Specific defects in title which may be ascertained from an examination of the risk and excepted in reports, binders, commitments or policies, or any affirmative assurances of the title insurer with respect to those defects, whether given by endorsement or otherwise.

      [(c)](d) Specific exceptions from coverage by reason of limitations upon the examination of the risk imposed by the applicant for insurance or through failure of the applicant to provide data requisite to a judgment of insurability.

      3.  Unless the commissioner disapproves a form or schedule within 30 days after it is filed in his office, the form or schedule is approved.

      4.  No form or schedule may be used until it is approved by the commissioner.

      5.  No title insurer or title agent may make or impose any charge for premium, escrow, settlement or closing services when performed in connection with the issue of a title insurance policy except in accordance with the schedule of charges filed with the commissioner as required by this section.

      6.  A title insurer or title agent shall not charge a fee for any statement or tax return regarding payments of interest which federal law requires the insurer or agent to furnish and file.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10.  NRS 107.073 is hereby amended to read as follows:

      107.073  1.  Except as otherwise provided in subsection 2, a recorded deed of trust may be discharged by an entry on the margin of the record thereof, signed by the trustee or his personal representative or assignee in the presence of the recorder or his deputy, acknowledging the satisfaction of or value received for the deed of trust and the debt secured thereby. The recorder or his deputy shall subscribe the entry as witness. The entry has the same effect as a [discharge or release] reconveyance of the deed of trust acknowledged and recorded as provided by law.


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acknowledged and recorded as provided by law. The recorder shall properly index each marginal discharge.

      2.  If the deed of trust has been recorded by a microfilm or other photographic process, a marginal release may not be used and an acknowledged [discharge or release] reconveyance of the deed of trust must be recorded.

      3.  If the recorder or his deputy is presented with a certificate executed by the trustee or his personal representative or assignee, specifying that the deed of trust has been paid or otherwise satisfied or discharged, the recorder or his deputy shall discharge the deed of trust upon the record.

      Sec. 11.  NRS 107.077 is hereby amended to read as follows:

      107.077  1.  Within 21 calendar days after receiving written notice that a debt secured by a deed of trust made on or after October 1, 1991, has been paid or otherwise satisfied or discharged, the beneficiary shall deliver to the trustee or the trustor the original note and deed of trust, if he is in possession of those documents, and a properly executed request to reconvey the estate in real property conveyed to the trustee by the grantor. If the beneficiary delivers the original note and deed of trust to the trustee or the trustee has those documents in his possession, the trustee shall deliver those documents to the grantor.

      2.  Within 45 calendar days after a debt secured by a deed of trust made on or after October 1, 1991, is paid or otherwise satisfied or discharged, and a properly executed request to reconvey is received by the trustee, the trustee shall cause to be recorded a [discharge or release] reconveyance of the deed of trust . [pursuant to NRS 107.073.]

      3.  If the beneficiary fails to deliver to the trustee a properly executed request to reconvey pursuant to subsection 1, or if the trustee fails to cause to be recorded a [discharge or release] reconveyance of the deed of trust pursuant to subsection 2, the beneficiary or the trustee, as the case may be, is liable in a civil action to the grantor, his heirs or assignees in the sum of $100, plus a reasonable attorney’s fee and the costs of bringing the action, and he is liable in a civil action to any party to the deed of trust for any actual damages caused by his failure to comply with the provisions of this section and for a reasonable attorney’s fee and the costs of bringing the action.

      4.  Except as otherwise provided in this subsection, if a reconveyance is not recorded pursuant to subsection 2 within:

      (a) Seventy-five calendar days after the payment, satisfaction or discharge of the debt, if the payment, satisfaction or discharge was made on or after October 1, 1993; or

      (b) Ninety calendar days after the payment, satisfaction or discharge of the debt, if the payment, satisfaction or discharge was made before October 1, 1993,

a title insurer may prepare and cause to be recorded a release of the deed of trust. At least 30 calendar days before the recording of a release pursuant to this subsection, the title insurer shall mail, by first-class mail, postage prepaid, notice of the intention to record the release of the deed of trust to the trustee, trustor and beneficiary of record, or their successors in interest, at the last-known address of each such person. A release prepared and recorded pursuant to this subsection shall be deemed a reconveyance of a deed of trust. The title insurer shall not cause a release to be recorded pursuant to this subsection if the title insurer receives written instructions to the contrary from the trustee, the trustor, the owner of the land, the holder of the escrow or the owner of the debt secured by the deed of trust of his agent.


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subsection if the title insurer receives written instructions to the contrary from the trustee, the trustor, the owner of the land, the holder of the escrow or the owner of the debt secured by the deed of trust of his agent.

      5.  The release prepared pursuant to subsection 4 must set forth:

      (a) The name of the beneficiary;

      (b) The name of the trustor;

      (c) The recording reference to the deed of trust;

      (d) A statement that the date secured by the deed of trust has been paid in full or otherwise satisfied or discharged;

      (e) The date and amount of payment or other satisfaction or discharge; and

      (f) The name and address of the title insurer issuing the release.

      6.  A release prepared and recorded pursuant to subsection 4 does not relieve a beneficiary or trustee of the requirements imposed by subsections 1 and 2.

      7.  A trustee may charge a reasonable fee to the trustor or the owner of the land for services relating to the preparation, execution or recordation of a reconveyance or release pursuant to this section. A trustee shall not require the fees to be paid before the opening of an escrow, or earlier than 60 calendar days before the payment, satisfaction or discharge of the debt secured by the deed of trust. If a fee charged pursuant to this subsection does not exceed $100, the fee is conclusively presumed to be reasonable.

      8.  In addition to any other remedy provided by law, a title insurer who improperly causes to be recorded a release of a deed of trust pursuant to this section is liable for actual damages and a reasonable attorney’s fee to any person who is injured because of the improper recordation of the release.

      9.  Any person who willfully violates this section is guilty of a misdemeanor.

      10.  As used in this section, “title insurer” has the meaning ascribed to it in NRS 692A.070.

      Sec. 12.  NRS 278.374 is hereby amended to read as follows:

      278.374  1.  A final map presented for filing [shall] must include a certificate signed and acknowledged, in the manner provided in section 14 or 15 of [this act, by any] Assembly Bill No. 362 of this session, by each person who is [the] an owner of the land:

      (a) Consenting to the preparation and recordation of the final map.

      (b) Offering for dedication that part of the land which the person wishes to dedicate for public use, subject to any reservation contained therein.

      (c) Reserving any parcel from dedication.

      (d) Granting any permanent easement for utility installation or access, as designated on the final map, together with a statement approving such easement, signed by the public utility or person in whose favor the easement is created or whose services are required.

      2.  For the purpose of this section the following shall be deemed not to be an interest in land : [under this section:]

      (a) A lien for taxes or special assessments.

      (b) A trust interest under a bond indenture.

      3.  Upon the final map presented for filing by a common-interest community, a title company must, and for any other subdivision a local government may by ordinance require a title company to [:


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ê1993 Statutes of Nevada, Page 2338 (Chapter 569, AB 669)ê

 

      (a) Certify that each person signing the final map owns of record an interest in the land and that all of the owners of record of the land have signed the final map; and

      (b) List any] certify that the title company has issued a guarantee for the benefit of the local government which lists:

      (a) Each owner of record of the land; and

      (b) The lien or mortgage holders of record. For a common-interest community, the [certificate] guarantee must show that there are no liens against the common-interest community or any part thereof for delinquent state, county, municipal, federal or local taxes or assessments collected as taxes or special assessments.

      4.  As used in this section, “guarantee” means a guarantee of the type filed with the commissioner of insurance pursuant to paragraph (e) of subsection 1 of NRS 692A.120.

      Sec. 13.  Section 12 of this act becomes effective at 12:01 a.m. on October 1, 1993.

 

________

 

 

CHAPTER 570, AB 665

Assembly Bill No. 665—Assemblymen Arberry, Augustine, Bennett, Bache, Porter, Sader and Price

CHAPTER 570

AN ACT relating to highways; authorizing the department of transportation to establish a system of emergency telephones along the most frequently traveled public highways; requiring that a study be performed regarding the alternative methods of establishing such a system; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 408 of NRS is hereby amended by adding thereto a new section to read as follows:

      The department may establish along the most frequently traveled highways of this state a system of telephones for members of the public to report fires, accidents or other emergencies or to receive information concerning the conditions for driving on certain highways.

      Sec. 2.  The department of transportation, in cooperation with the telecommunications division of the department of general services, shall study alternative methods of establishing a system of telephones along the most frequently traveled highways of this state for members of the public to use for reporting emergencies. The findings and recommendations of the study must include a comprehensive, statewide plan for establishing such a system. The study must:

      1.  Include recommended criteria for the placement of telephones for the system, specifically addressing the location and frequency of the telephones to be placed along the highways of this state;

      2.  Include guidelines for the operation of the system which address:


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ê1993 Statutes of Nevada, Page 2339 (Chapter 570, AB 665)ê

 

      (a) The type of calls that may be placed through the telephones of the system, specifically whether the telephones of the system may be used only for emergencies or may also be used for other applications;

      (b) The charges for the use of the system, if any;

      (c) The location where the calls from the system are to be answered; and

      (d) Whether the telephones of the system will dial automatically or require a user to dial manually;

      3.  Identify potential sources for the funding of the system;

      4.  Include alternative designs for the system that encompasses the participation of the private sector;

      5.  Identify potential additional applications for the system;

      6.  Recommend a state agency to be responsible for the administration of the system;

      7.  Include a comparison of similar systems in other states, specifically the costs, features and benefits of such systems; and

      8.  Include plans for a pilot project for the system.

A report of the findings and recommendations of the study must be submitted to the director of the legislature counsel bureau on or before January 3, 1995, for distribution to the 68th session of the Nevada legislature.

 

________

 

 

CHAPTER 571, AB 645

Assembly Bill No. 645—Committee on Transportation

CHAPTER 571

AN ACT relating to motor vehicles; making various changes in the regulation of dealers and other enterprises involved with motor vehicles; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.020 is hereby amended to read as follows:

      482.020  1.  “Dealer” or “vehicle dealer” means any person who:

      (a) For compensation, money or other thing of value sells, exchanges, buys, offers or displays for sale, negotiates or attempts to negotiate a sale or exchange of an interest in a vehicle subject to registration under this chapter or induces or attempts to induce any person to buy or exchange an interest in a vehicle;

      (b) Receives or expects to receive a commission, money, brokerage fee, profit or any other thing of value from [either] the seller or purchaser of a vehicle; or

      (c) Is engaged wholly or in part in the business of selling vehicles or buying or taking in trade vehicles for the purpose of resale, selling or offering for sale or consignment to be sold or otherwise dealing in vehicles, whether or not he owns [such] the vehicles.

      2.  “Dealer” or “vehicle dealer” does not include:


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ê1993 Statutes of Nevada, Page 2340 (Chapter 571, AB 645)ê

 

      (a) An insurance company, bank, finance company, government agency or any other person coming into possession of a vehicle, acquiring a contractual right to a vehicle or incurring an obligation with respect to a vehicle in the performance of official duties or under the authority of any court of law, if the sale of the vehicle is for the purpose of saving the seller from loss or pursuant to the authority of a court of competent jurisdiction;

      (b) A person, other than a long-term or short-term lessor, who is not engaged in the purchase or sale of vehicles as a business, but is disposing of vehicles acquired by the owner for his use and not for the purpose of avoiding the provisions of this chapter [;] , or a person who sells not more than three personally owned vehicles in any 12-month period;

      (c) Persons regularly employed as salesmen by dealers, licensed under this chapter, while [such] those persons are acting within the scope of [such] their employment; or

      (d) Persons who are incidentally engaged in the business of soliciting orders for the sale and delivery of vehicles outside the territorial limits of the United States if their sales of such vehicles produce less than 5 percent of their total gross revenue.

      Sec. 2.  NRS 482.107 is hereby amended to read as follows:

      482.107  “Salesman” means [any] :

      1.  A person employed by a vehicle [, trailer or semitrailer] dealer, under any form of contract or arrangement to sell, exchange, buy, or offer for sale, or exchange an interest in a vehicle [, trailer or semitrailer] to any person, [and] who receives or expects to receive a commission, fee or any other consideration from [either] the seller or purchaser of [such vehicle, trailer or semitrailer.] the vehicle; or

      2.  A person who exercises managerial control within the business of a dealer or a long-term or short-term lessor, or who supervises salesmen employed by a dealer or a long-term or short-term lessor, whether compensated by salary or by commission, or who negotiates with or induces a customer to enter into a security agreement on behalf of a dealer or a long-term or short-term lessor.

      Sec. 3.  NRS 482.3167 is hereby amended to read as follows:

      482.3167  1.  Before any license as a vehicle transporter is issued or special license plate is assigned, the applicant shall procure and file with the department a good and sufficient bond in the amount of $100,000 with a corporate surety thereon, licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a vehicle transporter without fraud or fraudulent representation, and without violation of the provisions of this chapter.

      2.  The bond must be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond, but in no case may the amount of any judgment in an action on such a bond exceed the retail value of any vehicle in connection with which the action was brought.

      3.  The undertaking on the bond includes any fraud or fraudulent representation or violation of any of the provisions of this chapter by any employee of the licensee on his behalf and within the scope of his employment.


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ê1993 Statutes of Nevada, Page 2341 (Chapter 571, AB 645)ê

 

      4.  The bond must provide that any person injured by the action of the licensee or his employee in violation of any provisions of this chapter may [bring an action on the bond.] apply to the director for compensation from the bond. The director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      5.  In lieu of the bond required by this section, an applicant may make a deposit with the department that satisfies the requirements of NRS 482.346.

      Sec. 4.  NRS 482.320 is hereby amended to read as follows:

      482.320  1.  A manufacturer, distributor, dealer or rebuilder who has an established place of business in this state, or a manufacturer who has executed a franchise with a dealer or distributor who has an established place of business in this state, and who owns or controls any new or used vehicle of a type otherwise required to be registered under the provisions of this chapter, may operate that vehicle or allow it to be operated for purposes of display, demonstration, maintenance, sale or exchange if there is displayed thereon a special plate or plates issued to the manufacturer, distributor, dealer or rebuilder as provided in NRS 482.275 and 482.330. Such a vehicle may also be moved or operated for the purpose of towing other vehicles which are to be sold or exchanged, or stored for the purpose of sale or exchange. Owners or officers of the corporation, heads of departments and salesmen may [for any purpose] operate a vehicle displaying such plates.

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

      (a) Work or service vehicles owned or controlled by a manufacturer, distributor, dealer or rebuilder.

      (b) Vehicles leased by dealers, except vehicles rented or leased to vehicle salesmen in the course of their employment.

      (c) Vehicles which are privately owned by the owners, officers or employees of the manufacturer, distributor, dealer or rebuilder.

      (d) Vehicles which are being used for personal reasons by a person who is not licensed by the department or otherwise exempted in subsection 1.

      (e) Vehicles which have been given or assigned to persons who work for a manufacturer, distributor, dealer or rebuilder for services performed.

      Sec. 5.  NRS 482.325 is hereby amended to read as follows:

      482.325  1.  Applications for a manufacturer’s, distributor’s, dealers or rebuilder’s license must be filed upon forms supplied by the department. The forms must designate the persons whose names are required to appear thereon. The applicant shall furnish:

      (a) Such proof as the department may deem necessary that the applicant is a manufacturer, distributor, dealer or rebuilder.

      (b) A fee of $125.

      (c) A fee of $38 for each person whose name appears on the application.

      (d) For initial licensure, a complete set of his fingerprints and written permission authorizing the department to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report.

      (e) A certificate of insurance for automobile liability.


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ê1993 Statutes of Nevada, Page 2342 (Chapter 571, AB 645)ê

 

      2.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a dealer’s, manufacturer’s, distributor’s or rebuilder’s license certificate containing the latter’s name and the address of his established place of business or the address of the main office of a manufacturer without an established place of business in this state.

      3.  Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the department with an application for renewal of his license accompanied by an annual fee of $50. An additional fee of $38 must be submitted for each applicant whose name does not appear on the original application for the license. The renewal application must be provided by the department and contain information required by the department.

      Sec. 6.  NRS 482.3263 is hereby amended to read as follows:

      482.3263  1.  Every dealer shall keep his books and records at his principal place of business and shall permit any authorized agent of the director or the State of Nevada to inspect and copy them during usual business hours.

      2.  A dealer shall retain his books and records for 3 years after he ceases to be licensed as a dealer.

      Sec. 7.  NRS 482.327 is hereby amended to read as follows:

      482.327  1.  If a vehicle dealer has one or more branches, he shall procure from the department a license for each branch in addition to the license issued for his principal place of business.

      2.  The department shall specify on each license it issues:

      (a) The name of the licensee;

      (b) The location for which the license is issued; and

      (c) The name under which the licensee does business at that location.

      3.  The department shall, by regulation, provide for the issuance of a temporary license for a licensed dealer to conduct business at a temporary location. Any such regulations must include the imposition of a reasonable fee for the issuance of the temporary license.

      Sec. 8.  NRS 482.345 is hereby amended to read as follows:

      482.345  1.  Except as otherwise provided in subsection 6, before any dealer’s license, dealer’s plate, special dealer’s plate, rebuilder’s license or rebuilder’s plate, distributor’s license or distributor’s plate or manufacturer’s license or manufacturer’s plate is furnished to a manufacturer, distributor, dealer or rebuilder as provided in this chapter, the department shall require that the applicant make an application for such a license and plate upon a form to be furnished by the department, and the applicant shall furnish such information as the department requires, including proof that the applicant has an established place of business in this state, and also, except as otherwise provided in subsection 2, procure and file with the department a good and sufficient bond in the amount of $50,000 with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer, distributor, manufacturer or rebuilder without fraud or fraudulent representation, and without violation of the provisions of this chapter. The department may, by agreement with any dealer, distributor, manufacturer or rebuilder who has been in business for 5 years or more, allow a reduction in the amount of the bond of the dealer, if his business has been conducted satisfactorily for the proceeding 5 years, but no bond may be in an amount less than $5,000.


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ê1993 Statutes of Nevada, Page 2343 (Chapter 571, AB 645)ê

 

allow a reduction in the amount of the bond of the dealer, if his business has been conducted satisfactorily for the proceeding 5 years, but no bond may be in an amount less than $5,000.

      2.  A manufacturer, distributor, rebuilder or dealer who manufactures, distributes or sells only motorcycles, horse trailers, tent trailers, utility trailers or trailers designed to carry boats shall file a bond as required by subsection 1 in the amount of $5,000 regardless of the length of time he has been in business.

      3.  The bond must be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond, but in no case may the amount of any judgment in an action on such a bond exceed the retail value of any vehicle in connection with which the action was brought.

      4.  The undertaking on the bond includes any fraud or fraudulent representation or violation of any of the provisions of this chapter by the representative of any licensed distributor or the salesman of any licensed dealer, manufacturer or rebuilder who acts for the dealer, distributor, manufacturer or rebuilder on his behalf and within the scope of the employment of the representative or the salesman.

      5.  The bond must provide that any person injured by the action of the dealer, distributor, rebuilder, manufacturer, representative or salesman in violation of any provisions of this chapter may [bring an action on the bond.] apply to the director, for good cause shown and after notice and opportunity for hearing, for compensation from the bond. The director may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      6.  The provisions of this section do not apply to a manufacturer without an established place of business in this state.

      Sec. 9.  NRS 482.346 is hereby amended to read as follows:

      482.346  1.  In lieu of a bond an applicant may deposit with the department, under terms prescribed by the department:

      (a) A like amount of lawful money of the United States or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or

      (b) A savings certificate of a bank or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by NRS 482.345 and that this amount is unavailable for withdrawal except upon order of the department. Interest earned on the amount accrues to the account of the applicant.

      2.  A deposit made pursuant to subsection 1 may be disbursed by the director, for good cause shown and after notice and opportunity for hearing, in an amount determined by him to compensate a person injured by an action of the licensee, or released upon receipt of:

      (a) A court order requiring the director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person or persons under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.


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or a specified portion thereof, and stating the purpose for which the release is requested.

      3.  When a deposit is made pursuant to subsection 1, liability under the deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding court judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1 of NRS 482.345;

      (b) Restores the deposit with the department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which he is liable under the deposit.

      4.  A deposit made pursuant to subsection 1 may be refunded:

      (a) By order of the director, at the expiration of 3 years from the date when the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time prior to the expiration of 3 years from the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      5.  Any money received by the department pursuant to subsection 1 must be deposited with the state treasurer for credit to the motor vehicle fund.

      Sec. 10.  NRS 487.060 is hereby amended to read as follows:

      487.060  1.  No license may be issued to an automobile wrecker until he has procured and filed with the department a good and sufficient bond in the amount of $50,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant conducts his business as a wrecker without fraud or fraudulent representation, and without violation of the provisions of NRS 487.050 to 487.190, inclusive. The department may, by agreement with any automobile wrecker who has been licensed for 5 years or more by the department or a department of motor vehicles in another state, reduce the amount of the bond of the wrecker, if the business of that wrecker has been conducted satisfactorily for the preceding 5 years, but to bond may be in an amount less than $5,000. The department shall make the necessary investigation to determine whether a wrecker licensed in another state has conducted its business satisfactorily.

      2.  The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      3.  The bond must provide that any person injured by the action of the automobile wrecker in violation of any of the provisions of NRS 487.050 to 487.160, inclusive, may [bring an action on the bond.] apply to the director for compensation from the bond. The director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      4.  In lieu of a bond an automobile wrecker may deposit with the department, under the terms prescribed by the department:


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ê1993 Statutes of Nevada, Page 2345 (Chapter 571, AB 645)ê

 

      (a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or

      (b) A savings certificate of a bank or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the department. Interest earned on the certificate accrues to the account of the applicant.

      5.  A deposit made pursuant to subsection 4 may be disbursed by the director, for good cause shown and after notice and opportunity for hearing, in an amount determined by him to compensate a person injured by an action of the licensee, or released upon receipt of:

      (a) A court order requiring the director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person in whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      6.  When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1;

      (b) Restores the deposit with the department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which he is liable under the deposit.

      7.  A deposit made pursuant to subsection 4 may be refunded:

      (a) By order of the director, 3 years after the date the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      8.  Any money received by the department pursuant to subsection 4 must be deposited with the state treasurer for credit to the motor vehicle fund.

      Sec. 11.  NRS 487.420 is hereby amended to read as follows:

      487.420  1.  No applicant may be granted a license to operate a salvage pool until he has procured and filed with the department a good and sufficient bond in the amount of $50,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant conducts his business as an operator of a salvage pool without fraud or fraudulent representation, and without violation of the provisions of NRS 487.400 to 487.510, inclusive. The department may, by agreement with any operator of a salvage pool who has been licensed by the department for 5 years or more, allow a reduction in the amount of his bond, if his business has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000.


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ê1993 Statutes of Nevada, Page 2346 (Chapter 571, AB 645)ê

 

      2.  The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      3.  The bond must provide that any person injured by the action of the operator of the salvage pool in violation of any of the provisions of NRS 487.400 to 487.510, inclusive, may [bring an action on the bond.] apply to the director for compensation from the bond. The director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      4.  In lieu of a bond an operator of a salvage pool may deposit with the department, under the terms prescribed by the department:

      (a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or

      (b) A savings certificate of a bank or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the department. Interest earned on the certificate accrues to the account of the applicant.

      5.  A deposit made pursuant to subsection 4 may be disbursed by the director, for good cause shown and after notice and opportunity for hearing, in an amount determined by him to compensate a person injured by an action of the licensee, or released upon receipt of:

      (a) A court order requiring the director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      6.  When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding judgment of a court for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1;

      (b) Restores the deposit with the department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which he is liable under the deposit.

      7.  A deposit made pursuant to subsection 4 may be refunded;

      (a) By order of the director, 3 years after the date the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      8.  Any money received by the department pursuant to subsection 4 must be deposited with the state treasurer for credit to the motor vehicle fund.


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ê1993 Statutes of Nevada, Page 2347 (Chapter 571, AB 645)ê

 

      Sec. 12.  NRS 487.600 is hereby amended to read as follows:

      487.600  As used in NRS 487.610 to 487.690, inclusive, “body shop” means any place where the body of a motor vehicle is painted, fixed, repaired or replaced for compensation.

      Sec. 13.  NRS 487.640 is hereby amended to read as follows:

      487.640  1.  No license may be issued to an operator of a body shop until he procures and files with the department a good and sufficient bond in the amount of $10,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as an operator of a body shop without fraud or fraudulent representation, and in compliance with the provisions of NRS 487.035, 487.610 to 487.690, inclusive, and 598.690 to 598.745, inclusive. The department may, by agreement with any operator of a body shop who has been licensed by the department for 5 years or more, allow a reduction in the amount of the bond of the operator, if the business of the operator has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $1,000.

      2.  The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      3.  The bond must provide that any person injured by the action of the operator of the body shop in violation of any of the provisions of NRS 487.035, 487.610 to 487.690, inclusive, and 598.690 to 598.745, inclusive, may [bring an action on the bond.] apply to the director for compensation from the bond. The director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      4.  In lieu of a bond an operator of a body shop may deposit with the department, under the terms prescribed by the department:

      (a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or

      (b) A savings certificate of a bank or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the department. Interest earned on the certificate accrues to the account of the applicant.

      5.  A deposit made pursuant to subsection 4 may be disbursed by the director, for good cause shown and after notice and opportunity for hearing, in an amount determined by him to compensate a person injured by an action of the licensee, or released upon receipt of:

      (a) An order of a court requiring the director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      6.  When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding judgment of a court for which the licensee is liable under the deposit, the license is automatically suspended.


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ê1993 Statutes of Nevada, Page 2348 (Chapter 571, AB 645)ê

 

deposit is reduced or there is an outstanding judgment of a court for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1;

      (b) Restores the deposit with the department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which he is liable under the deposit.

      7.  A deposit made pursuant to subsection 4 may be refunded:

      (a) By order of the director, 3 years after the date the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      8.  Any money received by the department pursuant to subsection 4 must be deposited with the state treasurer for credit to the motor vehicle fund.

      Sec. 14.  NRS 482.348 is hereby repealed.

      Sec. 15.  1.  This section and sections 7 and 14 of this act become effective upon passage and approval.

      2.  Sections 1 to 6, inclusive, and 8 to 13, inclusive, of this act become effective on October 1, 1993.

 

________

 

 

CHAPTER 572, AB 624

Assembly Bill No. 624—Committee on Natural Resources, Agriculture and Mining

CHAPTER 572

AN ACT relating to water; revising procedures concerning applications for water rights; requiring proof of reasonable diligence in pursuing perfection before an extension of time may be granted; clarifying the manner in which money in basin well accounts may be used; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 533.295 is hereby amended to read as follows:

      533.295  1.  [The] Except as otherwise provided in NRS 534.040, money in the water district account must be used exclusively for expenses incurred in the administration, operation and maintenance of the particular stream system from which the money is budgeted and collected.

      2.  The term “expenses” referred to in NRS 533.270 to 533.290, inclusive, includes salaries, hydrographic surveys, per diem expenses, car rental, equipment, including necessary automobiles, supplies and materials incidental to the proper administration and distribution of water.


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ê1993 Statutes of Nevada, Page 2349 (Chapter 572, AB 624)ê

 

      Sec. 2.  NRS 533.370 is hereby amended to read as follows:

      533.370  1.  Except as otherwise provided in NRS 533.345, 533.371 and 533.372 and this section, the state engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:

      (a) The application is accompanied by the prescribed fees; [and]

      (b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the district’s efficiency in its delivery or use of water [.] ; and

      (c) The applicant provides proof satisfactory to the state engineer of:

             (1) His intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and

             (2) If the application proposes to divert 1 or more cubic feet per second of water, his financial ability to construct the work with reasonable diligence.

      2.  Except as otherwise provided in subsection 5, the state engineer shall either approve or reject each application within 1 year after the final date for filing protest. However:

      (a) Action can be postponed by the state engineer upon written authorization to do so by the applicant or, in case of protested application, by both the protestant and the applicant; and

      (b) In areas where studies of water supplies are being made or where court actions are pending, the state engineer may withhold action until it is determined there is unappropriated water or the court action becomes final.

      3.  Except as otherwise provided in subsection 5, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interest, the state engineer shall reject the application and refuse to issue the permit asked for. Where a previous application for a similar use of water within the same basin has been rejected on these grounds, the new application may be denied without publication.

      4.  The rejection or approval of an application must be endorsed on a copy of the original application, and a record made of the endorsement in the records of the state engineer. The copy of the application so endorsed must be returned to the applicant. If the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water so long as the rejection continues in force.

      5.  The provisions of subsections 1, 2 and 3 do not apply to an application for an environmental permit.

      Sec. 3.  NRS 533.380 is hereby amended to read as follows:

      533.380  1.  Except as otherwise provided in subsection 5, in his endorsement of approval upon any application, the state engineer shall:

      (a) Set a time before which the construction of the work must be completed, which must be within 5 years after the date of approval.

      (b) Except as otherwise provided in this paragraph, set a time before which the complete application of water to a beneficial use must be made, which must not exceed 10 years after the date of the approval.


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ê1993 Statutes of Nevada, Page 2350 (Chapter 572, AB 624)ê

 

must not exceed 10 years after the date of the approval. The time set under this paragraph respecting an application for a permit to apply water to a municipal or quasi-municipal use on any land:

             (1) For which a final subdivision map has been recorded pursuant to chapter 278 of NRS;

             (2) For which a plan for the development of a project has been approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or

             (3) On any land for which a plan for the development of a planned unit development has been recorded pursuant to chapter 278A of NRS,

must not be less than 5 years.

      2.  The state engineer may limit the applicant to a smaller quantity of water, to a shorter time for the completion of work, and, except as otherwise provided in paragraph (b) of subsection 1, to a shorter time for the perfecting of the application than named in the application.

      3.  Except as otherwise provided in subsection 4 and NRS 533.395 and 533.4377, the state engineer may, for good cause shown, extend the time within which construction work must be completed, or water must be applied to a beneficial use under any permit therefor issued by him, but an application for the extension must in all cases be [made] :

      (a) Made within 30 days following notice by registered or certified mail that proof of the work is due as provided for in NRS 533.390 and 533.410 [.] ; and

      (b) Accompanied by proof and evidence of the reasonable diligence with which the applicant is pursuing the perfection of the application.

The state engineer shall not grant an extension of time unless he determines from the proof and evidence so submitted that the applicant is proceeding in good faith and with reasonable diligence to perfect the application. The failure to provide the proof and evidence required pursuant to this subsection is prima facie evidence that the holder is not proceeding in good faith and with reasonable diligence to perfect the application.

      4.  Except as otherwise provided in subsection 5 and NRS 533.395, whenever the holder of a permit issued for any municipal or quasi-municipal use of water on any land referred to in paragraph (b) of subsection 1, or for any use which may be served by a county, city, town, public water district or public water company, requests an extension of time to apply the water to a beneficial use, the state engineer shall, in determining whether to grant or deny the extension, consider, among other factors:

      (a) Whether the holder has shown good cause for not having made a complete application of the water to a beneficial use;

      (b) The number of parcels and commercial or residential units which are contained in or planned for the land being developed or the area being served by the county, city, town, public water district or public water company;

      (c) Any economic conditions which affect the ability of the holder to make a complete application of the water to a beneficial use;

      (d) Any delays in the development of the land or the area being served by the county, city, town, public water district or public water company which were caused by unanticipated natural conditions; and

      (e) The period contemplated in the:


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ê1993 Statutes of Nevada, Page 2351 (Chapter 572, AB 624)ê

 

             (1) Plan for the development of a project approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or

             (2) Plan for the development of a planned unit development recorded pursuant to chapter 278A of NRS,

if any, for completing the development of the land.

      5.  The provisions of subsections 1 and 4 do not apply to an environmental permit.

      6.  For the purposes of this section, the measure of reasonable diligence is the steady application of effort to perfect the application in a reasonably expedient and efficient manner under all the facts and circumstances. When a project or integrated system is comprised of several features, work on one feature of the project or system may be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.

      Sec. 4.  NRS 533.395 is hereby amended to read as follows:

      533.395  1.  If, at any time in the judgment of the state engineer, the holder of any permit to appropriate the public water is not proceeding in good faith and with reasonable diligence to perfect the appropriation, the state engineer [may require at any time] shall require the submission of such proof and evidence as may be necessary to show a compliance with the law. If, in his judgment, the holder of a permit is not proceeding in good faith and with reasonable diligence to perfect the appropriation, the state engineer shall cancel the permit, and advise the holder of its cancellation. The failure to provide the proof and evidence required pursuant to this subsection is prima facie evidence that the holder is not proceeding in good faith and with reasonable diligence to perfect the appropriation.

      2.  If any permit is canceled under the provisions of NRS 533.390, this section or 533.410, the holder of the permit may within 60 days of the cancellation of the permit file a written petition with the state engineer requesting a review of the cancellation by the state engineer at a public hearing. The state engineer may, after receiving and considering evidence, affirm, modify or rescind the cancellation.

      3.  If the decision of the state engineer modifies or rescinds the cancellation of a permit, the effective date of the appropriation under the permit is vacated and replaced by the date of the filing of the written petition with the state engineer.

      4.  The cancellation of a permit may not be reviewed or be the subject of any judicial proceedings unless a written petition for review has been filed and the cancellation has been affirmed, modified or rescinded pursuant to subsection 2.

      5.  For the purposes of this section, the measure of reasonable diligence is the steady application of effort to perfect the appropriation in a reasonably expedient and efficient manner under all the facts and circumstances. When a project or integrated system is comprised of several features, work on one feature of the project or system may be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.

 


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ê1993 Statutes of Nevada, Page 2352 (Chapter 572, AB 624)ê

 

      Sec. 5.  NRS 534.040 is hereby amended to read as follows:

      534.040  1.  Upon the initiation of the administration of this chapter in any particular basin, and where the investigations of the state engineer have shown the necessity for the supervision over the waters of that basin, the state engineer may employ a well supervisor and other necessary assistants, who shall execute the duties as provided in this chapter under the direction of the state engineer. The salaries of the well supervisor and his assistants must be fixed by the state engineer. The well supervisor and his assistants are exempt from the provisions of chapter 284 of NRS.

      2.  The board of county commissioners shall levy a special tax annually, or at such time as the tax is needed, upon all taxable property situated within the confines of the area designated by the state engineer to come under the provisions of this chapter in such an amount as is necessary to pay those salaries, together with necessary expenses, including the compensation and other expenses of the state well drillers’ advisory board if the money available from the license fees provided for in NRS 534.140 is not sufficient to pay those costs. In designated areas within which the use of ground water is predominantly for agricultural purposes the levy must be charged against each water user who has a permit to appropriate water or a perfected water right, and the charge against each water user must be based upon the proportion which his water right bears to the aggregate water rights in the designated area. The minimum charge is $1.

      3.  The salaries and expenses may be paid by the state engineer from the water distribution revolving account pending the levy and collection of the tax as provided in this section.

      4.  The proper officers of the county shall levy and collect the special tax as other special taxes are levied and collected, and the tax is a lien upon the property.

      5.  The tax provided for, when collected, must be deposited with the state treasurer for credit to the water district account to be accounted for in basin well accounts.

      6.  Upon determination and certification by the state engineer of the amount to be budgeted for the current or ensuing fiscal year for the purpose of paying the per diem and travel allowances of the ground water board and employing consultants or other help needed to fulfill its responsibilities, the state controller must transfer that amount to a separate operating account for that fiscal year for the ground water basin. Claims against the account must be approved by the ground water board and paid as other claims against the state are paid. The state engineer may use money in a particular basin well account to support an activity outside the basin in which the money is collected if the activity bears a direct relationship to the responsibilities or activities of the state engineer regarding the particular ground water basin.

 

________

 

 


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ê1993 Statutes of Nevada, Page 2353ê

 

CHAPTER 573, AB 612

Assembly Bill No. 612—Committee on Judiciary

CHAPTER 573

AN ACT relating to property; making various changes in the Uniform Common-Interest Ownership Act; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 116 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  1.  Except as otherwise provided in subsection 2, the declaration may provide for a period of declarant’s control of the association, during which a declarant, or persons designated by him, may appoint and remove the officers of the association and members of the executive board. Regardless of the period provided in the declaration, a period of declarant’s control terminates no later than the earlier of:

      (a) Sixty days after conveyance of 75 percent of the units that may be created to units’ owners other than a declarant, except that if a majority of the units are divided into time shares, the percentage is 80 percent;

      (b) Five years after all declarants have ceased to offer units for sale in the ordinary course of business; or

      (c) Five years after any right to add new units was last exercised.

A declarant may voluntarily surrender the right to appoint and remove officers and members of the executive board before termination of that period, but in that event the declarant may require, for the duration of the period of declarant’s control, that specified actions of the association or executive board, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective.

      2.  Not later than 60 days after conveyance of 25 percent of the units that may be created to units’ owners other than a declarant, at least one member and not less than 25 percent of the members of the executive board must be elected by units’ owners other than the declarant. Not later than 60 days after conveyance of 50 percent of the units that may be created to units’ owners other than a declarant, not less than 33 1/3 percent of the members of the executive board must be elected by units’ owners other than the declarant.

      Sec. 3. 1.  Except as otherwise provided in subsection 5 of NRS 116.2120, not later than the termination of any period of declarant’s control, the units’ owners shall elect an executive board of at least three members, at least a majority of whom must be units’ owners. The executive board shall elect the officers. The members and officers of the executive board shall take office upon election.

      2.  An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, and a fiduciary of an estate that owns a unit may be an officer or member of the executive board. In all events where the person serving or offering to serve as an officer or member of the executive board is not the record owner, he shall file proof of authority in the records of the association.


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ê1993 Statutes of Nevada, Page 2354 (Chapter 573, AB 612)ê

 

not the record owner, he shall file proof of authority in the records of the association.

      Sec. 4.  1.  Notwithstanding any provision of the declaration or bylaws to the contrary, the units’ owners, by a two-thirds vote of all persons present and entitled to vote at any meeting of the units’ owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant.

      2.  If a member of an executive board is sued for liability for actions undertaken in his role as a member of the board, the association shall indemnify him for his losses or claims, and undertake all costs of defense, unless it is proven that he acted with willful or wanton misfeasance or with gross negligence. After such proof the association is no longer liable for the cost of defense, and may recover costs already expended from the member of the executive board who so acted. Members of the executive board are not personally liable to the victims of crimes occurring on the property. Punitive damages may not be recovered against the association, but may be recovered from persons whose activity gave rise to the damages.

      Sec. 5.  Within 30 days after units’ owners other than the declarant may elect a majority of the members of the executive board, the declarant shall deliver to the association all property of the units’ owners and of the association held by or controlled by him, including:

      1.  The original or a certified copy of the recorded declaration as amended, the association’s articles of incorporation if the association is incorporated, bylaws, minute books and other books and records of the association and any rules or regulations which may have been adopted.

      2.  An accounting for money of the association and financial statements from the date the association received money to the date the period of the declarant’s control ends. The financial statements must fairly and accurately report the association’s financial condition prepared in accordance with generally accepted accounting principles.

      3.  The association’s money or control thereof.

      4.  All of the declarant’s tangible personal property that has been represented by the declarant as property of the association or, unless the declarant has disclosed in the public offering statement that all such personal property used in the common-interest community will remain the declarant’s property, all of the declarant’s tangible personal property that is necessary for, and has been used exclusively in, the operation and enjoyment of the common elements, and inventories of these properties.

      5.  A copy of any plans and specifications used in the construction of the improvements in the common-interest community which were completed within 2 years before the declaration was recorded.

      6.  All insurance policies then in force, in which the units’ owners, the association, or its directors and officers are named as insured persons.

      7.  Copies of any certificates of occupancy that may have been issued with respect to any improvements comprising the common-interest community other than units in a planned community.

      8.  Any renewable permits and approvals issued by governmental bodies applicable to the common-interest community which are in force and any other permits and approvals so issued and applicable which are required by law to be kept on the premises of the community.


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ê1993 Statutes of Nevada, Page 2355 (Chapter 573, AB 612)ê

 

other permits and approvals so issued and applicable which are required by law to be kept on the premises of the community.

      9.  Written warranties of the contractor, subcontractors, suppliers and manufacturers that are still effective.

      10.  A roster of owners and mortgagees of units and their addresses and telephone numbers, if known, as shown on the declarant’s records.

      11.  Contracts of employment in which the association is a contracting party.

      12.  Any contract for service in which the association is a contracting party or in which the association or the units’ owners have any obligation to pay a fee to the persons performing the services.

      Sec. 6.  The association or other person conducting the sale shall also mail, within 10 days after the notice of default and election to sell is recorded, a copy of the notice by first-class mail to:

      1.  Each person who has requested notice pursuant to NRS 107.090 or 116.31168;

      2.  Any holder of a recorded security interest encumbering the unit’s owner’s interest who has notified the association, 30 days before the recordation of the notice of default, of the existence of the security interest; and

      3.  A purchaser of the unit, if the unit’s owner has notified the association, 30 days before the recordation of the notice, that the unit is the subject of a contract of sale and the association has been requested to furnish the certificate required by subsection 2 of NRS 116.4109.

      Sec. 7.  The association or other person conducting the sale shall also, after the expiration of the 60 days and before selling the unit:

      1.  Give notice of the time and place of the sale in the manner and for a time not less than that required by law for the sale of real property upon execution, except that a copy of the notice of sale must be mailed, on or before the date of first publication or posting, by certified or registered mail, return receipt requested, to the unit’s owner or his successor in interest at his address if known, and to the address of the unit.

      2.  Mail, on or before the date of first publication or posting, a copy of the notice by first-class mail to:

      (a) Each person entitled to receive a copy of the notice of default and election to sell notice under section 6 of this act; and

      (b) The holder of a recorded security interest or the purchaser of the unit, if either of them has notified the association, before the mailing of the notice of sale, of the existence of the security interest, lease or contract of sale, as applicable.

      Sec. 8.  1.  In a condominium or planned community:

      (a) Except as otherwise provided in paragraph (b), a judgment for money against the association, if a copy of the docket or an abstract or copy of the judgment is recorded, is not a lien on the common elements, but is a lien in favor of the judgment lien holder against all of the units in the common-interest community at the time the judgment was entered. No other property of a unit’s owner is subject to the claims of creditors of the association.

      (b) If the association has granted a security interest in the common elements to a creditor of the association pursuant to NRS 116.3112, the holder of that security interest shall exercise its right against the common elements before its judgment lien on any unit may be enforced.


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ê1993 Statutes of Nevada, Page 2356 (Chapter 573, AB 612)ê

 

of that security interest shall exercise its right against the common elements before its judgment lien on any unit may be enforced.

      (c) Whether perfected before or after the creation of the common-interest community, if a lien, other than a deed of trust or mortgage, including a judgment lien or lien attributable to work performed or materials supplied before creation of the common-interest community, becomes effective against two or more units, the owner of an affected unit may pay to the lien holder the amount of the lien attributable to his unit, and the lien holder, upon receipt of payment, promptly shall deliver a release of the lien covering that unit. The amount of the payment must be proportionate to the ratio which that owner’s liability for common expenses bears to the liabilities for common expenses of all owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that owner’s unit for any portion of the common expenses incurred in connection with that lien.

      (d) A judgment against the association must be indexed in the name of the common-interest community and the association and, when so indexed, is notice of the lien against the units.

      2.  In a cooperative:

      (a) If the association receives notice of an impending foreclosure on all or any portion of the association’s real estate, the association shall promptly transit a copy of that notice to each owner of a unit located within the real estate to be foreclosed. Failure of the association to transmit the notice does not affect the validity of the foreclosure.

      (b) Whether or not an owner’s unit is subject to the claims of the association’s creditors, no other property of an owner is subject to those claims.

      Sec. 9.  NRS 116.110318 is hereby amended to read as follows:

      116.110318  “Common elements” means:

      1.  In a condominium or cooperative, all portions of the common-interest community other than the units, including easements in favor of units or the common elements over other units; and

      2.  In a planned community, any real estate within [a] the planned community owned or leased by the association, other than a unit . [; and

      3.  All real and personal property owned or leased by the association.]

      Sec. 10.  (Deleted by amendment.)

      Sec. 11.  NRS 116.110348 is hereby amended to read as follows:

      116.110348  “Identifying number” means a symbol [or address that] , address or legally sufficient description of real estate which identifies only one unit in a common-interest community.

      Sec. 12.  (Deleted by amendment.)

      Sec. 13.  NRS 116.1115 is hereby amended to read as follows:

      116.1115  1.  From time to time the dollar amounts specified in NRS 116.1203 , [and] 116.4101 and 116.41035 must change, as provided in subsections 2 and 3, according to and to the extent of changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers: U.S. City Average, All Items [1967] 1982-1984 = 100, compiled by the Bureau of Labor Statistics, United States Department of Labor, (the “Index”). The Index for December [1982-1984] 1990 is the Reference Base Index.

      2.  The dollar amounts specified in NRS 116.1203 [and 116.4101,] , 116.4101 and 116.41035, and any amount stated in the declaration pursuant to those sections, must change on July 1 of each year if the percentage of change, calculated to the nearest whole percentage point, between the Index at the end of the preceding year and the Reference Base Index is 10 percent or more, but:

 


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ê1993 Statutes of Nevada, Page 2357 (Chapter 573, AB 612)ê

 

to those sections, must change on July 1 of each year if the percentage of change, calculated to the nearest whole percentage point, between the Index at the end of the preceding year and the Reference Base Index is 10 percent or more, but:

      (a) The portion of the percentage change in the Index in excess of a multiple of 10 percent must be disregarded and the dollar amounts must change only in multiples of 10 percent of the amounts appearing in this chapter on the date of enactment;

      (b) The dollar amounts must not change if the amounts required by this section are those currently in effect pursuant to this chapter as a result of earlier application of this section; and

      (c) In no event may the dollar amounts be reduced below the amounts appearing in this chapter on the date of enactment.

      3.  If the Index is revised after December [1979,] 1990, the percentage of change pursuant to this section must be calculated on the basis of the revised Index. If the revision of the Index changes the Reference Base Index, a revised Reference Base Index must be determined by multiplying the Reference Base Index then applicable by the rebasing factor furnished by the Bureau of Labor Statistics. If the Index is superseded, the index referred to in this section is the one represented by the Bureau of Labor Statistics as reflecting most accurately changes in the purchasing power of the dollar for consumers.

      Secs. 14 and 15.  (Deleted by amendment.)

      Sec. 16.  NRS 116.1203 is hereby amended to read as follows:

      116.1203  [If]

      1.  Except as otherwise provided in subsection 2, if a planned community:

      [1.](a) Contains no more than 12 units and is not subject to any developmental rights; or

      [2.](b) Provides, in its declaration, that the annual average liability for common expenses of all units restricted to residential purposes, exclusive of optional users’ fees and any insurance premiums paid by the association, may not exceed $500 [, as adjusted pursuant to NRS 116.1115,] per unit,

it is subject only to NRS 116.1105, 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.

      2.  Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, NRS 116.3101 to 116.3119, inclusive, and 116.11031 to 116.110393, inclusive, to the extent necessary in construing any of those sections, apply to a residential planned community containing more than six units.

      Secs. 17-19. (Deleted by amendment.)

      Sec. 20.  NRS 116.2104 is hereby amended to read as follows:

      116.2104  A description of a unit which sets forth the name of the common-interest community, the file number and book or other information to show where the declaration is recorded, the county in which the common-interest community is located and the identifying number of the unit, is a legally sufficient description of that unit and all rights, obligations and interests appurtenant to that unit which were created by the declaration or bylaws.

      Sec. 21.  NRS 116.2105 is hereby amended to read as follows:

      116.2105  1.  The declaration must contain:


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ê1993 Statutes of Nevada, Page 2358 (Chapter 573, AB 612)ê

 

      (a) The names of the common-interest community and the association and a statement that the common-interest community is either a condominium, cooperative or planned community;

      (b) The name of every county in which any part of the common-interest community is situated;

      (c) A [legally] sufficient description of the real estate included in the common-interest community;

      (d) A statement of the maximum number of units that the declarant reserves the right to create;

      (e) In a condominium or planned community, a description of the boundaries of each unit created by the declaration, including the unit’s identifying number or, in a cooperative, a description, which may be by plats or plans, of each unit created by the declaration, including the unit’s identifying number, its size or number of rooms, and its location within a building if it is within a building containing more than one unit;

      (f) A description of any limited common elements, other than those specified in subsections 2 and 4 of NRS 116.2102, as provided in paragraph [(j)] (g) of subsection 2 of NRS 116.2109 and, in a planned community, any real estate that is or must become common elements;

      (g) A description of any real estate, except real estate subject to developmental rights, that may be allocated subsequently as limited common elements, other than limited common elements specified in subsections 2 and 4 of NRS 116.2102, together with a statement that they may be so allocated;

      (h) A description of any developmental rights (NRS 116.11034) and other special declarant’s rights (NRS 116.110385) reserved by the declarant, together with a legally sufficient description of the real estate to which each of those rights applies, and a time within which each of those rights must be exercised;

      (i) If any developmental right may be exercised with respect to different parcels of real estate at different times, a statement to that effect together with:

             (1) Either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each developmental right or a statement that no assurances are made in those regards; and

             (2) A statement whether, if any developmental right is exercised in any portion of the real estate subject to that developmental right, that developmental right must be exercised in all or in any other portion of the remainder of that real estate;

      (j) Any other conditions or limitations under which the rights described in paragraph (h) may be exercised or will lapse;

      (k) An allocation to each unit of the allocated interests in the manner described in NRS 116.2107;

      (l) Any restrictions:

             (1) On use, occupancy and alienation of the units; and

             (2) On the amount for which a unit may be sold or on the amount that may be received by a unit’s owner on sale, condemnation or casualty to the unit or to the common-interest community, or on termination of the common-interest community;


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ê1993 Statutes of Nevada, Page 2359 (Chapter 573, AB 612)ê

 

      (m) The [recording data] file number and book or other information to show where easements and licenses are recorded appurtenant to or included in the common-interest community or to which any portion of the common-interest community is or may become subject by virtue of a reservation in the declaration; and

      (n) All matters required by NRS 116.2106 to 116.2109, inclusive, 116.2115 and 116.2116 and [subsection 4 of NRS 116.3103.] section 2 of this act.

      2.  The declaration may contain any other matters the declarant considers appropriate.

      Sec. 22.  NRS 116.2107 is hereby amended to read as follows:

      116.2107  1.  The declaration must allocate to each unit:

      (a) In a condominium, a fraction or percentage of undivided interests in the common elements and in the common expenses of the association (NRS 116.3115) and a portion of the votes in the association;

      (b) In a cooperative, a proportionate ownership in the association, a fraction or percentage of the common expenses of the association (NRS 116.3115) and a portion of the votes in the association; and

      (c) In a planned community, a fraction or percentage of the common expenses of the association (NRS 116.3115) and a portion of the votes in the association.

      2.  The declaration must state the formulas used to establish allocations of interests. Those allocations may not discriminate in favor of units owned by the declarant or an affiliate of the declarant.

      3.  If units may be added to or withdrawn from the common-interest community, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the common-interest community after the addition or withdrawal.

      4.  The declaration may provide:

      (a) That different allocations of votes are made to the units on particular matters specified in the declaration;

      (b) For cumulative voting only for the purpose of electing members of the executive board; and

      (c) For class voting on specified issues affecting the class if necessary to protect valid interests of the class.

Except as otherwise provided in [NRS 116.3103,] section 2 of this act, a declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by this chapter nor may units constitute a class because they are owned by a declarant.

      5.  Except for minor variations because of rounding, the sum of the liabilities for common expenses and, in a condominium, the sum of the undivided interests in the common elements allocated at any time to all the units must each equal one if stated as a fraction or 100 percent if stated as a percentage. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.

      6.  In a condominium, the common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void.


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ê1993 Statutes of Nevada, Page 2360 (Chapter 573, AB 612)ê

 

or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void.

      7.  In a cooperative, any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an ownership interest in the association made without the possessory interest in the unit to which that interest is related is void.

      Sec. 23.  NRS 116.2109 is hereby amended to read as follows:

      116.2109  1.  Plats and plans are a part of the declaration, and are required for all common-interest communities except cooperatives. [Separate plats and plans are not required by this chapter if all the information required by this section is contained in either a plat or plan.] Each plat and plan must be clear and legible and contain a certification that the plat or plan contains all information required by this section.

      2.  Each plat must comply with the provisions of chapter 278 of NRS and show:

      (a) The name and a survey of the area which is the subject of the plat;

      (b) [The approximate location and approximate dimensions of all real estate not subject to developmental rights, or subject only to the developmental right to withdraw, and the location and dimensions of all existing improvements within that real estate;

      (c) A legally] A sufficient description of [any] the real estate ; [subject to developmental rights, labeled to identify the rights applicable to each parcel;

      (d)](c) The extent of any encroachments by or upon any portion of the [common-interest community;

      (e) To the extent feasible, a legally sufficient description of all easements serving or burdening] property which is the subject of the plat;

      (d) The location and dimensions of all easements having a specific location and dimension which serve or burden any portion of the common-interest community;

      [(f)](e) The location and dimensions of any vertical unit boundaries [not shown or projected on plans recorded pursuant to subsection 4] and that unit’s identifying number;

      [(g)](f) The location with reference to an established datum of any horizontal unit boundaries not shown or projected on plans recorded pursuant to subsection 4 and that unit’s identifying number;

      [(h) A legally sufficient description of any real estate in which the units’ owners will own only an estate for years, labeled as “leasehold real estate”;

      (i) The distance between noncontiguous parcels of real estate comprising the common-interest community;

      (j)] and

      (g) The location and dimensions of limited common elements, including porches, balconies and patios, other than parking spaces and the other limited common elements described in subsections 2 and 4 of NRS 116.2102 . [; and

      (k) In case of real estate not subject to developmental rights, all other matters customarily shown on land surveys.

      3.  A plat may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the common-interest community. Any contemplated improvement shown must be labeled either “MUST BE BUILT” or “NEED NOT BE BUILT.”


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ê1993 Statutes of Nevada, Page 2361 (Chapter 573, AB 612)ê

 

      4.]3.  To the extent not shown or projected on the plats, plans of the units must show or project [:

      (a) The location and dimensions of the vertical boundaries of each unit, and that unit’s identifying number;

      (b) Any horizontal unit boundaries, with reference to an established datum, and that unit’s identifying number; and

      (c) Any] any units in which the declarant has reserved the right to create additional units or common elements (paragraph (h) of subsection 1 of NRS 116.2105), identified appropriately.

      [5.]4.  Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside a building have the same elevation as the horizontal boundaries of the inside part and need not be depicted on the plats and plans [.] of the units.

      5.  A declarant shall also provide a plan of development for the common-interest community with its initial phase of development. The declarant shall revise the plan of development with each subsequent phase. The plan of development may show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the common-interest community. Any contemplated improvement shown must be labeled either “MUST BE BUILT” or “NEED NOT BE BUILT.” The plan of development must also show or project:

      (a) The location and dimensions of all real estate not subject to developmental rights, or subject only to the developmental right to withdraw, and the location and dimensions of all existing improvements within that real estate;

      (b) A sufficient description of any real estate subject to developmental rights, labeled to identify the rights applicable to each parcel; and

      (c) A sufficient description of any real estate in which the units’ owners will own only an estate for years, labeled as “leasehold real estate.”

      6.  Upon exercising any developmental right, the declarant shall record [either] new or amended plats [and plans] necessary to conform to the requirements of [subsections 1, 2 and 4 or new certifications of plats and plans previously recorded if those plats and] subsection 2 and provide new or amended plans of the units and a new or amended plan of development or new certifications of those plans if the plans otherwise conform to the requirements of [those subsections.

      7.  A declarant shall provide a general schematic plan of the planned unit development comprising its common-interest community with its initial phase of development. The declarant shall revise the plan with each subsequent phase.

      8.] subsections 3 and 5.

      7.  Each plat must be certified by an independent professional land surveyor. [Each plan] The plans of the units must be certified by an independent professional engineer or architect. If the plan of development is not certified by an independent professional land surveyor or an independent professional engineer or architect, it must be acknowledged by the declarant.

      Sec. 24.  NRS 116.2115 is hereby amended to read as follows:

      116.2115  A declarant may maintain offices for sales and management, and models in units or on common elements in the common-interest community only if the declaration so provides . [and specifies the rights of a delcarant with regard to the number, size, location and relocation thereof.


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ê1993 Statutes of Nevada, Page 2362 (Chapter 573, AB 612)ê

 

with regard to the number, size, location and relocation thereof. In a cooperative or condominium, any office for sales or management or model not designated a unit by the declaration is a common element. If a declarant ceases to be a unit’s owner, he ceases to have any rights with regard thereto unless it is removed promptly from the common-interest community in accordance with a right to remove reserved in the declaration.] Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the common-interest community. This section is subject to the provisions of other state law and to local ordinances.

      Sec. 25.  NRS 116.2117 is hereby amended to read as follows:

      116.2117  1.  Except in cases of amendments that may be executed by a declarant under NRS 116.2109 or 116.2110 or by the association under NRS 116.1107, subsection 3 of NRS 116.2108, or NRS 116.2113, or by certain units’ owners under subsection 2 of NRS 116.2108 or NRS 116.2112 or 116.2118, and except as limited by subsection 4, the declaration, including any plats and plans, may be amended only by vote or agreement of units’ owners of units to which at least a majority of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use.

      2.  No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.

      3.  Every amendment to the declaration must be recorded in every county in which any portion of the common-interest community is located and is effective only upon recordation. An amendment, except an amendment pursuant to NRS 116.2112, must be indexed in the grantee’s index in the name of the common-interest community and the association and in the grantor’s index in the name of the parties executing the amendment.

      4.  Except to the extent expressly permitted or required by other provisions of this chapter, no amendment may [create or increase special declarant’s rights, increase the number of units,] change the boundaries of any unit, [change] the allocated interests of a unit or [change] the uses to which any unit is restricted, in the absence of unanimous consent of the units’ owners affected and the consent of a majority of the owners of the remaining units.

      5.  Amendments to the declaration required by this chapter to be recorded by the association must be prepared, executed, recorded and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.

      Sec. 26.  NRS 116.2120 is hereby amended to read as follows:

      116.2120  1.  If the declaration provides that any of the powers described in NRS 116.3102, are to be exercised by or may be delegated to a profit or nonprofit corporation that exercises those or other powers on behalf of one or more common-interest communities or for the benefit of the units’ owners of one or more common-interest communities, all provisions of this chapter applicable to unit-owners’ associations apply to any such corporation, except as modified by this section.


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ê1993 Statutes of Nevada, Page 2363 (Chapter 573, AB 612)ê

 

      2.  Unless it is acting in the capacity of an association described in NRS 116.3101, a master association may exercise the powers set forth in paragraph (b) of subsection 1 of NRS 116.3102 only to the extent expressly permitted in the declarations of common-interest communities which are part of the master association or expressly described in the delegations of power from those common-interest communities to the master association.

      3.  If the declaration of any common-interest community provides that the executive board may delegate certain powers to a master association, the members of the executive board have no liability for the acts or omissions of the master association with respect to those powers following delegation.

      4.  The rights and responsibilities of units’ owners with respect to the unit-owners’ association set forth in NRS 116.3103, 116.3108, 116.3109, 116.3110 and 116.3112 and sections 2 to 5, inclusive, of this act apply in the conduct of the affairs of a master association only to persons who elect the board of a master association, whether or not those persons are otherwise units’ owners within the meaning of this chapter.

      5.  Even if a master association is also an association described in NRS 116.3101, the certificate of incorporation or other instrument creating the master association and the declaration of each common-interest community, the powers of which are assigned by the declaration or delegated to the master association, may provide that the executive board of the master association must be elected after the period of declarant’s control in any of the following ways:

      (a) All units’ owners of all common-interest communities subject to the master association may elect all members of the master association’s executive board.

      (b) All members of the executive boards of all common-interest communities subject to the master association may elect all members of the master association’s executive board.

      (c) All units’ owners of each common-interest community subject to the master association may elect specified members of the master association’s executive board.

      (d) All members of the executive board of each common-interest community subject to the master association may elect specified members of the master association’s executive board.

      Sec. 27.  NRS 116.2122 is hereby amended to read as follows:

      116.2122  In a planned community, if the right is originally reserved in the declaration, the declarant, in addition to any other developmental right, may amend the declaration at any time during as many years as are specified in the declaration for adding additional real estate to the planned community without describing the location of that real estate in the original declaration; but the amount of real estate added to the planned community pursuant to this section may not exceed 10 percent of the real estate described in paragraph (c) of subsection 1 of NRS 116.2105 and the declarant may not in any event increase the number of units in the planned community beyond the number stated in the original declaration pursuant to paragraph [(e)] (d) of that subsection.


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ê1993 Statutes of Nevada, Page 2364 (Chapter 573, AB 612)ê

 

      Sec. 28.  NRS 116.3103 is hereby amended to read as follows:

      116.3103  1.  Except as otherwise provided in the declaration, the bylaws, this section or other provisions of this chapter, the executive board may act in all instances on behalf of the association. In the performance of their duties, the officers and members of the executive board are fiduciaries and are subject to the insulation from liability provided for directors of corporations by the laws of this state. The members of the executive board are required to exercise the ordinary and reasonable care of directors of a corporation, subject to the business-judgment rule.

      2.  The executive board may not act on behalf of the association to amend the declaration (NRS 116.2117), to terminate the common-interest community (NRS 116.2118), or to elect members of the executive board or determine their qualifications, powers and duties or terms of office (subsection 6), but the executive board may fill vacancies in its membership for the unexpired portion of any term.

      3.  Within 30 days after adoption of any proposed budget for the common-interest community, the executive board shall provide a summary of the budget to all the units’ owners, and shall set a date for a meeting of the units’ owners to consider ratification of the budget not less than 14 nor more than 30 days after mailing of the summary. Unless at that meeting a majority of all units’ owners or any larger vote specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present. If the proposed budget is rejected, the periodic budget last ratified by the units’ owners must be continued until such time as the units’ owners ratify a subsequent budget proposed by the executive board.

      [4.  Subject to subsection 5, the declaration may provide for a period of declarant’s control of the association, during which a declarant, or persons designated by him, may appoint and remove the officers and members of the executive board. Regardless of the period provided in the declaration, a period of declarant’s control terminates no later than the earlier of:

      (a) Sixty days after conveyance of 75 percent of the units that may be created to units’ owners other than a declarant;

      (b) Two years after all declarants have ceased to offer units for sale in the ordinary course of business; or

      (c) Two years after any right to add new units was last exercised.

A declarant may voluntarily surrender the right to appoint and remove officers and members of the executive board before termination of that period, but in that event the declarant may require, for the duration of the period of declarant’s control, that specified actions of the association or executive board, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective.

      5.  Not later than 60 days after conveyance of 25 percent of the units that may be created to units’ owners other than a declarant, at least one member and not less than 25 percent of the members of the executive board must be elected by units’ owners other than the declarant. Not later than 60 days after conveyance of 50 percent of the units that may be created to units’ owners other than a declarant, not less than 33 1/3 percent of the members of the executive board must be elected by units’ owners other than the declarant.


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ê1993 Statutes of Nevada, Page 2365 (Chapter 573, AB 612)ê

 

      6.  Except as otherwise provided in subsection 5 of NRS 116.2120, not later than the termination of any period of declarants’ control, the units’ owners shall elect an executive board of at least three members, at least a majority of whom must be units’ owners. The executive board shall elect the officers. The members and officers of the executive board shall take office upon election.

      7.  Notwithstanding any provision of the declaration or bylaws to the contrary, the units’ owners, by a two-thirds vote of all persons present and entitled to vote at any meeting of the units’ owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant.

      8.  When a member of an executive board is sued for liability for actions undertaken in his role as a member of the board, the association shall indemnify him for his losses or claims, and undertake all costs of defense, until and unless it is proven that he acted with willful or wanton misfeasance or with gross negligence. After such proof the association is no longer liable for the cost of defense, and may recover costs already expended from the member of the executive board who so acted. Members of the executive board are not personally liable to the victims of crimes occurring on the property. Punitive damages may not be recovered against the association, but may be recovered from persons whose activity gave rise to the damages.

      9.  An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, and a fiduciary of an estate that owns a unit may be an officer or member of the executive board. In all events where the person serving or offering to serve as an officer or member of the executive board is not the record owner, he shall file proof of authority in the records of the association.

      10.  Within 30 days after units’ owners other than the declarant may elect a majority of the members of the executive board, the declarant shall deliver to the association all property of the units’ owners and of the association held by or controlled by him, including:

      (a) The original or a certified copy of the recorded declaration as amended, the association’s articles of incorporation if the association is incorporated, bylaws, minute books and other books and records of the association and any rules or regulations which may have been adopted.

      (b) An accounting for money of the association and financial statements from the date the association received money to the date the period of the declarant’s control ends. The financial statements must fairly and accurately report the association’s financial condition prepared in accordance with generally accepted accounting principles.

      (c) The association’s money or control thereof.

      (d) All of the declarant’s tangible personal property that has been represented by the declarant as property of the association or, unless the declarant has disclosed in the public offering statement that all such personal property used in the common-interest community will remain the declarant’s property, all of the declarant’s tangible personal property that is necessary for, and has been used exclusively in, the operation and enjoyment of the common elements, and inventories of these properties.


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      (e) A copy of any plans and specifications used in the construction of the improvements in the common-interest community which were completed within 2 years before the declaration was recorded.

      (f) All insurance policies then in force, in which the units’ owners, the association, or its directors and officers are named as insured persons.

      (g) Copies of any certificates of occupancy that may have been issued with respect to any improvements comprising the common-interest community.

      (h) Any other permits and approvals issued by governmental bodies applicable to the common-interest community which are in force or which were issued within 1 year before the date on which units’ owners other than the declarant took control of the association.

      (i) Written warranties of the contractor, subcontractors, suppliers and manufactures that are still effective.

      (j) A roster of owners and mortgagees of units and their addresses and telephone numbers, if known, as shown of the declarant’s records.

      (k) Contracts of employment in which the association is a contracting party.

      (l) Any contract for service in which the association is a contracting party or in which the association or the units’ owners have any obligation to pay a fee to the persons performing the services.]

      Sec. 29.  NRS 116.3104 is hereby amended to read as follows:

      116.3104  1.  A special declarant’s right (NRS 116.110385) created or reserved under this chapter may be transferred only by an instrument evidencing the transfer recorded in every county in which any portion of the common-interest community is located. The instrument is not effective unless executed by the transferee.

      2.  Upon transfer of any special declarant’s right, the liability of a transferor declarant is as follows:

      (a) A transferor is not relieved of any obligation or liability arising before the transfer and remains liable for warranties imposed upon him by this chapter. Lack of privity does not deprive any unit’s owner of standing to maintain an action to enforce any obligation of the transferor.

      (b) If a successor to any special declarant’s right is an affiliate of a declarant (NRS 116.11031), the transferor is jointly and severally liable with the successor for any obligations or liabilities of the successor relating to the common-interest community.

      (c) If a transferor retains any special declarant’s rights, but transfers other special declarant’s rights to a successor who is not an affiliate of the declarant, the transferor is liable for any obligations or liabilities imposed on a declarant by this chapter or by the declaration relating to the retained special declarant’s rights and arising after the transfer.

      (d) A transferor has no liability for any act or omission or any breach of a contractual obligation or warranty arising from the exercise of a special declarant’s right by a successor declarant who is not an affiliate of the transferor.

      3.  Unless otherwise provided in a mortgage, deed of trust or other agreement creating a security interest, in case of foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale or sale under the Bankruptcy Code or a receivership, of any units owned by a declarant or real estate in a common-interest community subject to developmental rights, a person acquiring title to all the property being foreclosed or sold, but only upon his request, succeeds to all special declarant’s rights related to that property held by that declarant, or only to any rights reserved in the declaration pursuant to NRS 116.2115 and held by that declarant to maintain models, offices for sales and signs.


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owned by a declarant or real estate in a common-interest community subject to developmental rights, a person acquiring title to all the property being foreclosed or sold, but only upon his request, succeeds to all special declarant’s rights related to that property held by that declarant, or only to any rights reserved in the declaration pursuant to NRS 116.2115 and held by that declarant to maintain models, offices for sales and signs. The judgment or instrument conveying title must provide for transfer of only the special declarant’s rights requested.

      4.  Upon foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale or sale under the Bankruptcy Code or a receivership of all interests in a common-interest community owned by a declarant:

      (a) The declarant ceases to have any special declarant’s rights; and

      (b) The period of declarant’s control [(subsection 4 of NRS 116.3103)] (section 2 of this act) terminates unless the judgment or instrument conveying title provides for transfer of all special declarant’s rights held by that declarant to a successor declarant.

      Sec. 30.  116.31043 is hereby amended to read as follows:

      116.31043  The liabilities and obligations of a person who succeeds to special declarant’s rights are as follows:

      1.  A successor to any special declarant’s right who is an affiliate of a declarant is subject to all obligations and liabilities imposed on the transferor by this chapter or by the declaration.

      2.  A successor to any special declarant’s right, other than a successor described in subsection 3 or 4 or a successor who is an affiliate of a declarant, is subject to the obligations and liabilities imposed by this chapter or the declaration:

      (a) On a declarant which relate to the successor’s exercise or nonexercise of special declarant’s rights; or

      (b) On his transferor, other than:

             (1) Misrepresentations by any previous declarant;

             (2) Warranties on improvements made by any previous declarant, or made before the common-interest community was created;

             (3) Breach of any fiduciary obligation by any previous declarant or his appointees to the executive board; or

             (4) Any liability or obligation imposed on the transferor as a result of the transferor’s acts or omissions after the transfer.

      3.  A successor to only a right reserved in the declaration to maintain models, offices for sales and signs (NRS 116.2115), may not exercise any other special declarant’s right, and is not subject to any liability or obligation as a declarant, except the obligation to provide a public offering statement and any liability arising as a result thereof.

      4.  A successor to all special declarant’s rights held by a transferor who succeeded to those rights pursuant to a deed or other instrument of conveyance in lieu of foreclosure or a judgment or instrument conveying title under subsection 3 of NRS 116.3104, may declare in a recorded instrument the intention to hold those rights solely for transfer to another person. Thereafter, until transferring all special declarant’s rights to any person acquiring title to any unit or real estate subject to developmental rights owned by the successor, or until recording an instrument permitting exercise of all those rights, that successor may not exercise any of those rights other than any right held by his transferor to control the executive board in accordance with [subsection 4 of NRS 116.3103] section 2 of this act for the duration of any period of declarant’s control, and any attempted exercise of those rights is void.


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ê1993 Statutes of Nevada, Page 2368 (Chapter 573, AB 612)ê

 

any unit or real estate subject to developmental rights owned by the successor, or until recording an instrument permitting exercise of all those rights, that successor may not exercise any of those rights other than any right held by his transferor to control the executive board in accordance with [subsection 4 of NRS 116.3103] section 2 of this act for the duration of any period of declarant’s control, and any attempted exercise of those rights is void. So long as a successor declarant may not exercise special declarant’s rights under this subsection, the successor declarant is not subject to any liability or obligation as a declarant other than liability for his acts and omissions under [subsection 4 of NRS 116.3103.] section 2 of this act.

      Sec. 31.  NRS 116.3105 is hereby amended to read as follows:

      116.3105  If entered into before the executive board elected by the units’ owners pursuant to [subsection 6 of NRS 116.3103] section 3 of this act takes office, any management contract, employment contract, or lease of recreational or parking areas or facilities, any other contract or lease between the association and a declarant or an affiliate of a declarant or any contract or lease that is not in good faith or was unconscionable to the units’ owners at the time entered into under the circumstances then prevailing may be terminated without penalty by the association at any time after the executive board elected by the units’ owners takes office upon not less than 90 days’ notice to the other party. This section does not apply to any lease the termination of which would terminate the common-interest community or reduce its size, unless the real estate subject to that lease was included in the common-interest community for the purpose of avoiding the right of the association to terminate a lease under this section, or to a proprietary lease.

      Sec. 32.  NRS 116.3106 is hereby amended to read as follows:

      116.3106  1.  The bylaws of the association must provide:

      (a) The number of members of the executive board and the titles of the officers of the association;

      (b) For election by the executive board of a president, treasurer, secretary and any other officers of the association the bylaws specify;

      (c) The qualifications, powers and duties, terms of office and manner of electing and removing officers of the association and members [and officers] of the executive board and filling vacancies;

      (d) Which, if any, of its powers the executive board or officers may delegate to other persons or to a managing [agency;] agent;

      (e) Which of its officers may prepare, execute, certify and record amendments to the declaration on behalf of the association; and

      (f) A method for amending the bylaws.

      2.  [Subject to the provisions of] Except as otherwise provided in the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.

      Sec. 33.  NRS 116.3107 is hereby amended to read as follows:

      116.3107  1.  Except to the extent provided by the declaration, subsection 2 [of] and NRS 116.31135, the association is responsible for maintenance, repair and replacement of the common elements, and each unit’s owner is responsible for maintenance, repair and replacement of his unit. Each unit’s owner shall afford to the association and the other units’ owners, and to their agents or employees, access through his unit reasonably necessary for those purposes.


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ê1993 Statutes of Nevada, Page 2369 (Chapter 573, AB 612)ê

 

purposes. If damage is inflicted on the common elements or on any unit through which access is taken, the unit’s owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof.

      2.  In addition to the liability that a declarant as a unit’s owner has under this chapter, the declarant alone is liable for all expenses in connection with real estate subject to developmental rights. No other unit’s owner and no other portion of the common-interest community is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to developmental rights inures to the declarant.

      3.  In a planned community, if all developmental rights have expired with respect to any real estate, the declarant remains liable for all expenses of that real estate unless, upon expiration, the declaration provides that the real estate becomes common elements or units.

      Sec. 34.  NRS 116.3112 is hereby amended to read as follows:

      116.3112  1.  In a condominium or planned community, portions of the common elements may be conveyed or subjected to a security interest by the association if persons entitled to cast at least a majority of the votes in the association, including a majority of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; but all owners of units to which any limited common element is allocated must agree in order to convey that limited common element or subject it to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale are an asset of the association.

      2.  Part of a cooperative may be conveyed and all or part of a cooperative may be subjected to a security interest by the association if persons entitled to cast at least a majority of the votes in the association, including a majority of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; but, if fewer than all of the units or limited common elements are to be conveyed or subjected to a security interest, then all units’ owners of those units, or the units to which those limited common elements are allocated, must agree in order to convey those units or limited common elements or subject them to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale are an asset of the association. Any purported conveyance or other voluntary transfer of an entire cooperative, unless made pursuant to NRS 116.2118, is void.

      3.  An agreement to convey common elements in a condominium or planned community, or to subject them to a security interest, or in a cooperative, an agreement to convey any part of a cooperative or subject it to a security interest, must be evidenced by the execution of an agreement, or ratifications thereof, in the same manner as a deed, by the requisite number of units’ owners. The agreement must specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications thereof must be recorded in every county in which a portion of the common-interest community is situated, and is effective only upon recordation.


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ê1993 Statutes of Nevada, Page 2370 (Chapter 573, AB 612)ê

 

      4.  The association, on behalf of the units’ owners, may contract to convey an interest in a common-interest community pursuant to subsection 1, but the contract is not enforceable against the association until approved pursuant to subsections 1, 2 and 3. Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.

      5.  Unless made pursuant to this section, any purported conveyance, encumbrance, judicial sale or other voluntary transfer of common elements or of any other part of a cooperative is void.

      6.  A conveyance or encumbrance of common elements or of a cooperative pursuant to this section does not deprive any unit of its rights of access and support.

      7.  Unless the declaration otherwise provides, a conveyance or encumbrance of common elements pursuant to this section does not affect the priority or validity of preexisting encumbrances.

      8.  In a cooperative, the association may acquire, hold, encumber or convey a proprietary lease without complying with this section.

      Sec. 35.  NRS 116.31135 is hereby amended to read as follows:

      116.31135  1.  Any portion of the common-interest community for which insurance is required under [this section] NRS 116.3113 which is damaged or destroyed must be repaired or replaced promptly by the association unless:

      (a) The common-interest community is terminated, in which case NRS 116.2118, 116.21183 and 116.21185 apply;

      (b) Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety; or

      (c) Eighty percent of the units’ owners, including every owner of a unit or assigned limited common element that will not be rebuilt, vote not to rebuild.

The cost of repair or replacement in excess of insurance proceeds and reserves is a common expense.

      2.  If the entire common-interest community is not repaired or replaced, the proceeds attributable to the damaged common elements, must be used to restore the damaged area to a condition compatible with the remainder of the common-interest community, and except to the extent that other persons will be distributees (subparagraph 2 of paragraph (l) of subsection 1 of NRS 116.2105):

      (a) The proceeds attributable to units and limited common elements that are not rebuilt must be distributed to the owners of those units and the owners of the units to which those limited common elements were allocated, or to lien holders, as their interests may appear; and

      (b) The remainder of the proceeds must be distributed to all the units’ owners or lien holders, as their interests may appear, as follows:

             (1) In a condominium, in proportion to the interests of all the units in the common elements; and

             (2) In a cooperative or planned community, in proportion to the liabilities of all the units for common expenses.

      3.  If the units’ owners vote not to rebuild any unit, that unit’s allocated interests are automatically reallocated upon the vote as if the unit had been condemned under subsection 1 of NRS 116.1107, and the association promptly shall prepare, execute and record an amendment to the declaration reflecting the reallocations.


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ê1993 Statutes of Nevada, Page 2371 (Chapter 573, AB 612)ê

 

promptly shall prepare, execute and record an amendment to the declaration reflecting the reallocations.

      Sec. 36.  NRS 116.3115 is hereby amended to read as follows:

      116.3115  1.  Until the association makes an assessment for common expenses, the declarant shall pay all common expenses. After an assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association.

      2.  Except for assessments under subsections 3, 4 and 5, all common expenses , including a reserve, must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to subsections 1 and 2 of NRS 116.2107. Any past due assessment for common expenses or installment thereof bears interest at the rate established by the association not exceeding 18 percent per year.

      3.  To the extent required by the declaration:

      (a) Any common expense associated with the maintenance, repair or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion the declaration provides;

      (b) Any common expense or portion thereof benefiting fewer than all of the units must be assessed exclusively against the units benefited; and

      (c) The costs of insurance must be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.

      4.  Assessments to pay a judgment against the association [(subsection 1 of NRS 116.31164)] may be made only against the units in the common-interest community at the time the judgment was entered, in proportion to their liabilities for common expenses.

      5.  If any common expense is caused by the misconduct of any unit’s owner, the association may assess that expense exclusively against his unit.

      6.  If liabilities for common expenses are reallocated, assessments for common expenses and any installment thereof not yet due must be recalculated in accordance with the reallocated liabilities.

      Sec. 37.  NRS 116.31162 is hereby amended to read as follows:

      116.31162  1.  In a condominium, a cooperative where the owner’s interest in a unit is real estate (NRS 116.1105), or a planned community, the association may foreclose its lien by sale after:

      (a) The association has [caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is situated,] mailed by certified or registered mail, return receipt requested, to the unit’s owner or his successor in interest, at his address if known, and at the address of the unit, a notice of delinquent assessment [,] which states the amount of the assessments and other sums which are due in accordance with subsection 1 of NRS 116.3116, a description of the unit against which the lien is imposed, and the name of the record owner of the [units;] unit;

      (b) The association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is situated, a notice of default and election to sell the unit to satisfy the lien, which contains the same information as the notice of delinquent assessment, but must also describe the deficiency in payment and the name and address of the person authorized by the association to enforce the lien by sale; and

 


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ê1993 Statutes of Nevada, Page 2372 (Chapter 573, AB 612)ê

 

deficiency in payment and the name and address of the person authorized by the association to enforce the lien by sale; and

      (c) The unit’s owner or his successor in interest has failed to pay the amount of the lien, including costs, fees and expenses incident to its enforcement, for 60 days following the recording of the notice of default and election to sell.

      2.  The notice of [delinquent assessment] default and election to sell must be signed by the person designated in the declaration or by the association for that purpose, or if no one is designated, by the president of the association.

      3.  The period of 60 days begins on the first day following the later of:

      (a) The day on which the notice of default is recorded; or

      (b) The day on which a copy of the notice of default is mailed by certified or registered mail, return receipt requested, to the unit’s owner or his successor in interest at his address if known, otherwise to the address of the unit.

      [4.  The association or other person conducting the sale shall also, after the expiration of the 60 days and before selling the unit, give notice of the time and place of the sale in the manner and for a time not less than that required by law for the sale of real property upon execution, except that a copy of the notice of sale must be mailed, on or before the date of first publication or posting, by certified or registered mail, return receipt requested, to the unit’s owner or his successor in interest at his address if known, otherwise to the address of the unit.]

      Sec. 38.  NRS 116.31164 is hereby amended to read as follows:

      116.31164  1.  The sale must be conducted in the county in which the common-interest community or part of it is situated, and may be conducted by the association, its agent or attorney, or a title insurance company or escrow agent licensed to do business in this state, except that the sale may be made at the office of the association if the notice of the sale so provided, whether the unit is located within the same county as the office of the association or not. The association or other person conducting the sale may from time to time postpone the sale by such advertisement and notice as it considers reasonable or, without further advertisement or notice, by proclamation made to the persons assembled at the time and place previously set and advertised for the sale.

      2.  On the day of sale originally advertised or to which the sale is postponed, at the time and place specified in the notice or postponement, the person conducting the sale may sell the unit at public auction to the highest cash bidder. Unless otherwise provided in the declaration or by agreement, the association may purchase the unit and hold, lease, mortgage or convey it. [If so authorized to purchase, the] The association may [enter] purchase by a credit bid up to the amount of the unpaid assessments and any permitted costs, fees and expenses incident to the enforcement of its lien.

      3.  After the sale, the person conducting the sale shall make, execute and, after payment is made, deliver to the purchaser, or his successor or assign, a deed without warranty which conveys to the grantee all title of the unit’s owner to the unit, and shall apply the proceeds of the sale for the following purposes in the following order:

      (a) The reasonable expenses of sale;


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ê1993 Statutes of Nevada, Page 2373 (Chapter 573, AB 612)ê

 

      (b) The reasonable expenses of securing possession before sale, holding, maintaining, and preparing the unit for sale, including payment of taxes and other governmental charges, premiums on hazard and liability insurance, and, to the extent provided for by [agreement between the association and the unit’s owner,] the declaration, reasonable attorney’s fees and other legal expenses incurred by the association;

      (c) Satisfaction of the association’s lien;

      (d) Satisfaction in the order of priority of any subordinate claim of record; and

      (e) Remittance of any excess to the unit’s owner.

      Sec. 39.  NRS 116.31166 is hereby amended to read as follows:

      116.31166  1.  The recitals in [such] a deed made pursuant to NRS 116.31164 of:

      (a) Default [and the recording] , the mailing of the notice of delinquent assessment , and the recording of the notice of default and election to sell;

      (b) The elapsing of the 60 days; and

      (c) The giving of notice of sale,

are conclusive proof of the matters recited.

      2.  Such a deed containing those recitals is conclusive against the unit’s former owner, his heirs and assigns, and all other persons. The receipt for the purchase money contained in such a deed is sufficient to discharge the purchaser from obligation to see to the proper application of the purchase money.

      3.  The sale of a unit pursuant to NRS 116.31162 and 116.31164 and section 6 of this act vests in the purchaser the title of the unit’s owner without equity or right of redemption.

      Sec. 40.  NRS 116.31168 is hereby amended to read as follows:

      116.31168  1.  The provisions of NRS 107.090 apply to the foreclosure of an association’s lien as if a deed of trust were being foreclosed. The request must identify the lien by stating the names of the unit’s owner and the common-interest community. [The association must also give reasonable notice of its intent to foreclose to all holders of liens in the unit who are known to it.]

      2.  An association may, after recording a notice of default and election to sell, waive the default and withdraw the notice or any proceeding to foreclose. The association is thereupon restored to its former position and has the same rights as though the notice had not been recorded.

      Sec. 41.  NRS 116.4101 is hereby amended to read as follows:

      116.4101  1.  NRS 116.4101 to 116.4120, inclusive, apply to all units subject to this chapter, except as otherwise provided in subsection 2 or as modified or waived by agreement of purchasers of units in a common-interest community in which all units are restricted to nonresidential use.

      2.  Neither a public offering statement nor a certificate of resale need be prepared or delivered in the case of a:

      (a) Gratuitous disposition of a unit;

      (b) Disposition pursuant to court order;

      (c) Disposition by a government or governmental agency;

      (d) Disposition by foreclosure or deed in lieu of foreclosure;

      (e) Disposition to a dealer;


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ê1993 Statutes of Nevada, Page 2374 (Chapter 573, AB 612)ê

 

      (f) Disposition that may be canceled at any time and for any reason by the purchaser without penalty; or

      (g) Disposition of a unit in a planned community in which the declaration limits the [maximum] average annual assessment of any unit to not more than [$300, as adjusted pursuant to NRS 116.1115] $500 and which contains no more than 35 units if:

             (1) The declarant reasonably believes in good faith that the maximum stated assessment will be sufficient to pay the expenses of the planned community; and

             (2) The declaration cannot be amended to increase the assessment during the period of declarant’s control without the consent of all units’ owners . [; and

             (3) The planned community is not subject to any developmental rights.]

      Sec. 41.5.  NRS 116.4102 is hereby amended to read as follows:

      116.4102  1.  Except as otherwise provided in subsection 2, a declarant, before offering any interest in a unit to the public, shall prepare a public offering statement conforming to the requirements of NRS 116.4103 to 116.4106, inclusive.

      2.  A declarant may transfer responsibility for preparation of all or a part of the public offering statement to a successor declarant (NRS 116.3104 and 116.31043) or to a dealer who intends to offer units in the common-interest community. In the event of any such transfer, the transferor shall provide the transferee with any information necessary to enable the transferee to fulfill the requirements of subsection 1.

      3.  Any declarant or dealer who offers a unit to a purchaser shall deliver a public offering statement in the manner prescribed in subsection 1 of NRS 116.4108. The [person who prepared all or a part of the public offering statement] declarant or his transferee under subsection 2 is liable under NRS 116.4108 and 116.4117 for any false or misleading statement set forth therein or for any omission of a material fact therefrom with respect to that portion of the public offering statement which he prepared. If a declarant or dealer did not prepare any part of a public offering statement that he delivers, he is not liable for any false or misleading statement set forth therein or for any omission of a material fact therefrom unless he had actual knowledge of the statement or omission or, in the exercise of reasonable care, should have known of the statement or omission.

      4.  If a unit is part of a common-interest community and is part of any other real estate in connection with the sale of which the delivery of a public offering statement is required under the laws of this state, a single public offering statement conforming to the requirements of NRS 116.4103 to 116.4106, inclusive, as those requirements relate to the real estate in which the unit is located, and to any other requirements imposed under the laws of this state, may be prepared and delivered in lieu of providing two or more public offering statements. Except as otherwise provided in section 49 of this act, if the requirements of this chapter conflict with those of another law of this state, the requirements of this chapter prevail.


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ê1993 Statutes of Nevada, Page 2375 (Chapter 573, AB 612)ê

 

      Sec. 42.  NRS 116.4103 is hereby amended to read as follows:

      116.4103  1.  Except as otherwise provided in NRS 116.41035, a public offering statement must contain or fully and accurately disclose each of the following:

      [1.](a) The name and principal address of the declarant and of the common-interest community, and a statement that the common-interest community is either a condominium, cooperative or planned community.

      [2.](b) A general description of the common-interest community, including to the extent possible, the types, number and declarant’s schedule of commencement and completion of construction of buildings, and amenities that the declarant anticipates including in the common-interest community.

      [3.](c) The estimated number of units in the common-interest community.

      [4.](d) Copies of the declaration, bylaws, and any rules or regulations of the association [.

      5.] , but a plat or plan is not required.

      (e) Any current balance sheet and a projected budget for the association, either within or as an exhibit to the public offering statement, for 1 year after the date of the first conveyance to a purchaser, and thereafter the current budget of the association. The budget must include, without limitation:

      [(a)](1) A statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacement; and

      [(b)](2) The projected monthly assessment for common expenses for each type of unit.

      [6.](f) A description of any services or subsidies being provided by the [developer,] declarant or an affiliate of the declarant, not reflected in the budget.

      [7.](g) Any initial or special fee due from the purchaser at closing, together with a description of the purpose and method of calculating the fee.

      [8.](h) The terms and significant limitations of any warranties provided by the declarant, including statutory warranties and limitations on the enforcement thereof or on damages.

      [9.](i) A statement that unless the purchaser or his agent has personally inspected the unit, [that] the purchaser may cancel, by written notice, [the] his contract for purchase until midnight of the fifth calendar day following the date of execution of the contract, and the contract must contain a provision to that effect.

      [10.](j) A statement of any unsatisfied judgments or pending suits against the association, and the status of any pending suits material to the common-interest community of which a declarant has actual knowledge.

      [11.](k) Any current or expected fees or charges to be paid by units’ owners for the use of the common elements and other facilities related to the common-interest community.

      2.  A declarant is not required to revise a public offering statement more than once each calendar quarter, if the following warning is given prominence in the statement: “THIS PUBLIC OFFERING STATEMENT IS CURRENT AS OF (insert a specified date). RECENT DEVELOPMENTS REGARDING (here refer to particular provisions of NRS 116.4103 and 116.4105) MAY NOT BE REFLECTED IN THIS STATEMENT.”


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ê1993 Statutes of Nevada, Page 2376 (Chapter 573, AB 612)ê

 

      Sec. 43.  NRS 116.41035 is hereby amended to read as follows:

      116.41035  If a common-interest community composed of not more than 12 units is not subject to any developmental rights and no power is reserved to a declarant to make the common-interest community part of a larger common-interest community, group of common-interest communities or other real estate, a public offering statement may but need not include the information otherwise required by [subsections 8 and 11] paragraphs (h) and (k) of subsection 1 of NRS 116.4103.

      Sec. 44.  NRS 116.4108 is hereby amended to read as follows:

      116.4108  1.  A person required to deliver a public offering statement pursuant to subsection 3 of NRS 116.4102 shall provide a purchaser with a copy of the current public offering statement [and all amendments thereto before conveyance of the unit, and] not later than the date of any contract of sale. Unless the purchaser has personally inspected the unit, the purchaser may cancel, by written notice, the contract of purchase until midnight of the fifth calendar day following the date of execution of the contract, and the contract for purchase must contain a provision to that effect.

      2.  If a purchaser elects to cancel a contract pursuant to subsection 1, he may do so by hand delivering notice thereof to the offeror or by mailing notice thereof by prepaid United States mail to the offeror or to his agent for service of process. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly.

      3.  If a person required to deliver a public offering statement pursuant to subsection 3 of NRS 116.4102 fails to provide a purchaser to whom a unit is conveyed with [that] a current public offering statement , [and all amendments thereto as required by subsection 1,] the purchaser [, in addition to any rights to damages or other relief,] is entitled [to receive from that person an amount equal to 10 percent of the sale price of the unit, plus 10 percent of the share, proportionate to his liability for common expenses, of any indebtedness of the association secured by security interests encumbering the common-interest community.] to actual damages, rescission or other relief, but if the purchaser has accepted a conveyance of the unit, he is not entitled to rescission.

      Sec. 45.  NRS 116.4109 is hereby amended to read as follows:

      116.4109  1.  Except in the case of a sale in which delivery of a public offering statement is required, or unless exempt under subsection 2 of NRS 116.4101, a unit’s owner shall furnish to a purchaser before execution of any contract for sale of a unit, or otherwise before conveyance:

      (a) A copy of the declaration (other than any plats and plans), the bylaws, and the rules or regulations of the association;

      (b) A statement setting forth the amount of the monthly assessment for common expenses and any unpaid assessment of any kind currently due from the selling unit’s owner; and

      (c) The current operating budget of the association.

      2.  The association, within 10 days after a request by a unit’s owner, shall furnish a certificate containing the information necessary to enable the unit’s owner to comply with this section. A unit’s owner providing a certificate pursuant to subsection 1 is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.


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ê1993 Statutes of Nevada, Page 2377 (Chapter 573, AB 612)ê

 

      3.  Neither a purchaser nor the purchaser’s interest in a unit is liable for any unpaid assessment or fee greater than the amount set forth in the certificate prepared by the association. [A unit’s owner is not liable to a purchaser for the failure or delay of the association to provide the certificate in a timely manner, but the contract to purchase is voidable by the purchaser until the certificate has been provided and for 5 days thereafter or until conveyance, whichever first occurs.] If the association fails to furnish the certificate within the 10 days allowed by subsection 2, the seller is not liable for the delinquent assessment.

      Sec. 46.  NRS 116.4110 is hereby amended to read as follows:

      116.4110  [Any]

      1.  Except as otherwise provided in subsection 2, a deposit made in connection with the purchaser or reservation of a unit from a person required to deliver a public offering statement pursuant to subsection 3 of NRS 116.4102 must be placed in escrow and held either in this state or in the state where the unit is located in an account designated solely for that purpose by a licensed title insurance company, an independent bonded escrow company, or an institution whose accounts are insured by a governmental agency or instrumentality until:

      [1.](a) Delivered to the declarant at closing;

      [2.](b) Delivered to the declarant because of the purchaser’s default under a contract to purchase the unit; [or

      3.](c) Released to the declarant for an additional item, improvement, optional item or alteration, but the amount so released:

             (1) Must not exceed the lesser of the amount due the declarant from the purchaser at the time of the release or the amount expended by the declarant for the purpose; and

             (2) Must be credited upon the purchase price; or

      (d) Refunded to the purchaser.

      2.  A deposit or advance payment made for an additional item, improvement, optional item or alteration may be deposited in escrow or delivered directly to the declarant, as the parties may contract.

      Sec. 47.  NRS 116.4117 is hereby amended to read as follows:

      116.4117  If a declarant or any other person subject to this chapter fails to comply with any of its provisions or any provision of the declaration or bylaws, any person or class of persons [adversely affected by] suffering actual damages from the failure to comply has a claim for appropriate relief. Punitive damages may be awarded for a willful and material failure to comply with this chapter [.] if the failure is established by clear and convincing evidence. The court [, in an appropriate case,] may award reasonable attorney’s fees [.] to the prevailing party.

      Sec. 48.  NRS 116.4120 is hereby amended to read as follows:

      116.4120  In the case of a sale of a unit in which delivery of a public offering statement is required, a contract of sale may be executed, but no interest in that unit may be conveyed, until the declaration is recorded and the unit is substantially completed, [as evidenced by a recorded certificate of substantial completion executed by an independent registered architect or professional engineer, or by issuance of a certificate of occupancy authorized by law.] in accordance with local ordinances.


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ê1993 Statutes of Nevada, Page 2378 (Chapter 573, AB 612)ê

 

      Sec. 49.  Chapter 119A of NRS is hereby amended by adding thereto a new section to read as follows:

      If a matter governed by this chapter is also governed by chapter 116 of NRS, compliance with the provisions of chapter 116 of NRS governing the matter which are in addition to or different from the provisions in this chapter governing the same matter is not required. In the event of a conflict between provisions of this chapter and chapter 116 of NRS, the provisions of this chapter prevail.

      Sec. 50.  NRS 119A.520 is hereby amended to read as follows:

      119A.520  1.  Each owner is a member of the association for the time-share project. The association may be incorporated.

      2.  The state of incorporation may be:

      (a) This state;

      (b) The state in which the time-share project is located; or

      (c) Any state where the developer has obtained a permit to sell time shares under statutes which govern the sale of time shares.

      3.  The developer shall transfer to the owners the control of the association within 120 days after 80 percent of the time shares have been sold.

      4.  Except as otherwise provided in NRS [78.355,] 82.321, any proxy which is executed by an owner to an association is valid for an indefinite period if the owner may revoke his proxy, by written notice to the association, to vote at a particular meeting.

      Sec. 51.  NRS 278.374 is hereby amended to read as follows:

      278.374  1.  [A] Except as otherwise provided in subsection 2, a final map presented for filing shall include a certificate signed and acknowledged, in the manner provided in section 14 or 15 of [this act,] Assembly Bill No. 362 of this session, by any person who is the owner of the land:

      (a) Consenting to the preparation and recordation of the final map.

      (b) Offering for dedication that part of the land which the person wishes to dedicate for public use, subject to any reservation contained therein.

      (c) Reserving any parcel from dedication.

      (d) Granting any permanent easement for utility installation or access, as designated on the final map, together with a statement approving such easement, signed by the public utility or person in whose favor the easement is created or whose services are required.

      2.  If the map presented for filing is an amended map of a common-interest community, the certificate need only be signed and acknowledged by a person authorized to record the map under chapter 116 of NRS.

      3.  For the purpose of this section the following shall be deemed not to be an interest in land under this section:

      (a) A lien for taxes or special assessments.

      (b) A trust interest under a bond indenture.

      [3.]4.  Upon the final map presented for filing by a common-interest community, a title company must, and for any other subdivision a local government may by ordinance require a title company to:

      (a) Certify that each person signing the final map owns of record an interest in the land and that , except as otherwise provided in subsection 2, all of the owners of record of the land have signed the final map; and


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ê1993 Statutes of Nevada, Page 2379 (Chapter 573, AB 612)ê

 

      (b) List any lien or mortgage holders of record. For a common-interest community, the certificate must show that there are no liens against the common-interest community or any part thereof for delinquent state, county, municipal, federal or local taxes or assessments collected as taxes or special assessment.

      Sec. 52.  NRS 116.110365 and 116.11037 are hereby repealed.

      Sec. 53.  Section 51 of this act becomes effective at 12:01 a.m. on October 1, 1993.

 

________

 

 

CHAPTER 574, AB 593

Assembly Bill No. 593—Assemblymen Perkins, Heller, Petrak, Segerblom, Dini, Giunchigliani, Kenny, Chowning, Bonaventura, Bache, Collins, Gibbons, de Braga, Neighbors, Scherer, Price, Humke, Sader, Arberry, Spitler, Myrna Williams, Garner, Tiffany, Gregory, Bennett, Schneider, Wendell Williams and Anderson

CHAPTER 574

AN ACT relating to peace officers; requiring a law enforcement agency which conducts an investigation of the alleged misconduct of a peace officer to provide the officer with written notice of any interrogation or hearing he is required to attend; allowing a peace officer to explain an answer or refute a negative implication which results from questioning during such an interrogation or hearing; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 289.060 is hereby amended to read as follows:

      289.060  [If an investigation is conducted of any activities of a peace officer which could result in punitive action before any hearing, the agency shall:

      1.  Inform the officer of:

      (a) The]

      1.  The agency shall, within a reasonable time before any interrogation or hearing is held relating to an investigation of the activities of a peace officer which may result in punitive action, provide written notice to the officer if practical under the circumstances.

      2.  The notice must include:

      (a) A description of the nature of the investigation;

      (b) A summary of alleged misconduct of the peace officer;

      (c) The date, time and place of the interrogation or hearing;

      (d) The name and rank of the officer in charge of the investigation and the officers who will conduct any interrogation; [and

      (c)](e) The name of any other person who will be present at any interrogation [.

      2.] or hearing; and

      (f) A statement setting forth the provisions of subsection 1 of NRS 289.080.


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ê1993 Statutes of Nevada, Page 2380 (Chapter 574, AB 593)ê

 

      3.  The agency shall:

      (a) Interrogate the officer during his regular working hours, if reasonably practicable, or compensate him for that time based on his regular wages if no charges arise from the interrogation.

      (b) Limit the scope of the questions during the interrogation or hearing to the alleged misconduct of the officer.

      (c) Allow the officer to explain an answer or refute a negative implication which results from questioning during an interrogation or hearing.

      Sec. 2.  NRS 289.080 is hereby amended to read as follows:

      289.080  1.  Except as otherwise provided in subsection 2, a peace officer may upon request have a lawyer or other representative of his choosing present with the peace officer during any phase of an interrogation [.] or hearing.

      2.  The representative must not otherwise be connected to, or the subject of, the same investigation.

      3.  Any information that the representative obtains from the peace officer concerning the investigation is confidential and must not be disclosed except upon the:

      (a) Request of the peace officer; or

      (b) Lawful order of a court of competent jurisdiction.

A law enforcement agency shall not take punitive action against the representative for his failure or refusal to disclose such information.

      4.  The peace officer or the law enforcement agency may made a stenographic or magnetic record of the interrogation [.] or hearing. If the agency records the proceedings, the agency shall at the officer’s request and expense provide a copy of the:

      (a) Stenographic transcript of the proceedings; or

      (b) Recording on the magnetic tape.

 

________

 

 

CHAPTER 575, AB 569

Assembly Bill No. 569—Committee on Commerce

CHAPTER 575

AN ACT relating to insurance; revising various fees and penalties relating to the regulation of insurance; clarifying and expanding the scope of various statutory provisions; authorizing the commissioner of insurance to adopt certain regulations; imposing various requirements upon insurers and policies of insurance; making various changes relating to unauthorized insurers; making various other changes relating to the regulation of insurance; and providing other matters properly relating thereto.

 

[Approved July 12, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 679A of NRS is hereby amended by adding thereto a new section to read as follows:

      A person who is required by statute to obtain insurance or any other type of security as a condition of licensure or conducting business must obtain the insurance or other security in the manner set forth in NRS 277.067, 277.069 or 277.0695 or from an insurer who is licensed or otherwise allowed to transact insurance under this Title.


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ê1993 Statutes of Nevada, Page 2381 (Chapter 575, AB 569)ê

 

insurance or other security in the manner set forth in NRS 277.067, 277.069 or 277.0695 or from an insurer who is licensed or otherwise allowed to transact insurance under this Title.

      Sec. 1.5.  NRS 679A.160 is hereby amended to read as follows:

      679A.160  Unless otherwise provided, no provision of this code applies to:

      1.  Fraternal benefit societies, as identified in chapter 695A of NRS, except as stated in chapter 695A of NRS.

      2.  Hospital, medical or dental service corporations, as identified in chapter 695B of NRS, except as stated in chapter 695B of NRS.

      3.  Motor clubs, as identified in chapter 696A of NRS, except as stated in chapter 696A of NRS.

      4.  Bail bondsmen, as identified in chapter 697 of NRS, except as stated in NRS 680B.025 to 680B.039, inclusive, and chapter 697 of NRS.

      5.  Risk retention groups, as identified in chapter 695E of NRS, except as stated in chapter 695E of NRS.

      6.  Health and welfare plans arising out of collective bargaining under chapter 288 of NRS, except that the commissioner may review the plan to ensure that the benefits are reasonable in relation to the premiums and that the fund is financially sound.

      Sec. 2.  Chapter 679B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  1.  The commissioner may participate in a program which provides counseling to elderly persons concerning health insurance, including a program established pursuant to 42 U.S.C. § 1395b-4.

      2.  The commissioner may adopt regulations necessary to carry out the provisions of this section.

      Sec. 4.  1.  If any person willfully engages in the unauthorized transaction of insurance, the commissioner may impose an administrative fine of not more than $10,000 for each act or violation.

      2.  An administrative fine imposed pursuant to this section is in addition to any other administrative fine or penalty provided for in this Title, except a fine or penalty imposed pursuant to NRS 686A.183, 686A.187, 696B.500 or 696B.520.

      3.  If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the attorney general on behalf of the commissioner.

      Sec. 5.  NRS 680B.010 is hereby amended to read as follows:

      680B.010  The commissioner shall collect in advance and receipt for, and persons so served must pay to the commissioner, fees and miscellaneous charges as follows:

      1.  Insurer’s certificate of authority:

      (a) Filing initial application ...................................................................    $2,450

      (b) Issuance of certificate:

             (1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive ..........................................................................................................         283

             (2) For two or more kinds of insurance as so defined ................         578

             (3) For a reinsurer .................................................................... [283]    2,450

      (c) Each annual continuation of a certificate .....................................      2,450


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ê1993 Statutes of Nevada, Page 2382 (Chapter 575, AB 569)ê

 

      (d) Reinstatement pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.

      (e) Registration of additional title pursuant to NRS 680A.240 ........           50

                        Annual renewal ......................................................................           25

      2.  Charter documents, other than those filed with application for certificate of authority. Filing amendments to articles of incorporation, charter, bylaws, power of attorney and other constituent documents of the insurer, each document               $10

      3.  Annual statement or report. For filing annual statement or report                $25

      4.  Service of process:

      (a) Filing of power of attorney .............................................................           $5

      (b) Acceptance of service of process..................................................             5

      5.  Agents’ licenses, appointments and renewals:

      (a) Resident agents and nonresident agents qualifying under subsection 3 of NRS 683A.340:

             (1) Application and license ............................................................         $78

             (2) Appointment by each insurer ..................................................             5

             (3) Triennial renewal of each license .............................................           78

             (4) Temporary license ......................................................................           10

      (b) Other nonresident agents:

             (1) Application and license ............................................................         138

             (2) Appointment by each insurer ..................................................           25

             (3) Triennial renewal of each license .............................................         138

      6.  Brokers’ licenses and renewals:

      (a) Resident brokers and nonresident brokers qualifying under subsection 4 of NRS 683A.340:

             (1) Application and license ............................................................         $78

            (2) Triennial renewal of each license .............................................           78

      (b) Other nonresident brokers:

             (1) Application and license ............................................................         258

             (2) Triennial renewal of each license .............................................         258

      (c) Surplus lines brokers:

             (1) Application and license ............................................................           78

             (2) Triennial renewal of each license .............................................           78

      7.  Solicitors’ licenses, appointments and renewals:

             (a) Application and license ............................................................         $78

             (b) Triennial renewal of each license ............................................           78

             (c) Initial appointment .....................................................................             5

      8.  Managing general agents’ licenses, appointments and renewals:

      (a) Resident managing general agents:

             (1) Application and license ............................................................         $78

             (2) Initial appointment, each insurer .............................................             5

             (3) Triennial renewal of each license .............................................           78

      (b) Nonresident managing general agents:

             (1) Application and license ............................................................         138

             (2) Initial appointment, each insurer .............................................           25

             (3) Triennial renewal of each license .............................................         138


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ê1993 Statutes of Nevada, Page 2383 (Chapter 575, AB 569)ê

 

      9.  Adjusters’ licenses and renewals:

      (a) Independent and public adjusters:

             (1) Application and license ............................................................         $78

             (2) Triennial renewal of each license .............................................           78

      (b) Associate adjusters:

             (1) Application and license ............................................................           78

             (2) Initial appointment .....................................................................             5

             (3) Triennial renewal of each license .............................................           78

      10.  Licenses and renewals for appraisers of physical damage to motor vehicles:

      (a) Application and license ...................................................................         $78

      (b) Triennial renewal of each license ...................................................           78

      11.  Additional title and property insurers pursuant to NRS 680A.240:

      (a) Original registration .........................................................................         $50

      (b) Annual renewal ................................................................................           25

      12.  Insurance vending machines:

      (a) Application and license, for each machine ...................................         $78

      (b) Triennial renewal of each license ...................................................           78

      13.  Permit for solicitation for securities:

      (a) Application for permit ......................................................................       $100

      (b) Extension of permit ..........................................................................           50

      14.  Securities salesmen for domestic insurers:

      (a) Application and license ...................................................................         $25

      (b) Annual renewal of license ..............................................................           15

      15.  Rating organizations:

      (a) Application and license ...................................................................       $500

      (b) Annual renewal ................................................................................         500

      16.  Certificates and renewals for administrators licensed pursuant to chapter 683A of NRS:

      (a) Resident administrators:

             (1) Application and certificate of registration .............................         $78

             (2) Triennial renewal ........................................................................           78

      (b) Nonresident administrators:

             (1) Application and certificate of registration .............................         138

             (2) Triennial renewal ........................................................................         138

      17.  For copies of the insurance laws of Nevada, a fee which is not less than the cost of producing the copies.

      18.  Certified copies of certificates of authority and licenses issued pursuant to the insurance code ........................................................................................         $10

      19.  For copies and amendments of documents on file in the department, a reasonable charge fixed by the commissioner, including charges for duplicating or amending the forms and for certifying the copies and affixing the official seal.

      20.  Letter of clearance for an agent or broker ..................................           $5

      21.  Certificate of status as a licensed agent or broker ....................           $5

      22.  Licenses, appointments and renewals for bail agents:

      (a) Application and license ...................................................................         $78

      (b) Initial appointment by each surety insurer ..................................             5


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ê1993 Statutes of Nevada, Page 2384 (Chapter 575, AB 569)ê

 

      (c) Triennial renewal of each license ...................................................           78

      23.  Licenses and renewals for property bondsmen:

      (a) Application and license ...................................................................         $78

      (b) Triennial renewal of each license ...................................................           78

      24.  Licenses, appointments and renewals for general bail agents:

      (a) Application and license ...................................................................         $78

      (b) Initial appointment by each insurer ...............................................             5

      (c) Triennial renewal of each license ...................................................           78

      25.  Licenses and renewals for bail solicitors:

      (a) Application and license ...................................................................         $78

      (b) Triennial renewal of each license ...................................................           78

      26.  Licenses and renewals for title agents and escrow officers:

      (a) Resident title agents and escrow officers:

             (1) Application and license ............................................................         $78

             (2) Triennial renewal of each license .............................................           78

      (b) Nonresident title agents and escrow officers:

             (1) Application and license ............................................................         138

             (2) Triennial renewal of each license .............................................         138

      (c) Change in name or location of business or in association ........           10

      27.  Certificate of authority and renewal for a seller of prepaid funeral contracts              $78

      28.  Licenses and renewals for agents for prepaid funeral contracts:

      (a) Resident agents:

             (1) Application and license ............................................................         $78

             (2) Triennial renewal of each license .............................................           78

      (b) Nonresident agents:

             (1) Application and license ............................................................         138

             (2) Triennial renewal of each license .............................................         138

      29.  Licenses, appointments and renewals for agents for fraternal benefit societies:

      (a) Resident agents:

             (1) Application and license ............................................................         $78

             (2) Appointment ...............................................................................             5

             (3) Triennial renewal of each license .............................................           78

      (b) Nonresident agents:

             (1) Application and license ............................................................         138

             (2) Triennial renewal of each license .............................................         138

      30.  Surplus lines:

      (a) Filing of affidavit pursuant to NRS 685A.050 ..............................         $25

      (b) Filing of memorandum pursuant to NRS 685A.060 .....................           25

      (c) Filing of amendment to the memorandum when additional premium is reported              10

      31.  Agents for and sellers of prepaid burial contracts:

      (a) Resident agents and sellers:

             (1) Application and certificate or license .....................................         $78

             (2) Triennial renewal ........................................................................           78

      (b) Nonresident agents and sellers:


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ê1993 Statutes of Nevada, Page 2385 (Chapter 575, AB 569)ê

 

             (1) Application and certificate or license .....................................         138

             (2) Triennial renewal ........................................................................         138

      32.  [For the initial] Risk retention groups:

      (a) Initial registration and review of an application [of a risk retention group]              $2,450

      (b) Each annual continuation of a certificate of registration ......     2,450

      33.  Required filing of forms:

      (a) For rates and policies .......................................................................         $25

      (b) For riders and endorsements ..........................................................           10

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  NRS 681A.100 is hereby amended to read as follows:

      681A.100  1.  An insurer shall not retain any risk on any one subject of insurance, whether located or to be performed in this state or elsewhere, in an amount exceeding 10 percent of its surplus to policyholders.

      2.  A “subject of insurance” for the purposes of this section, as to insurance against fire and hazard other than windstorm, earthquake and other catastrophic hazards, includes all properties insured by the same insurer which are customarily considered by underwriters to be subject to loss or damage from the same fire or the same occurrence of any other hazard insured against.

      3.  Reinsurance ceded as authorized by NRS 681A.110 [shall] must be deducted in determining the risk retained , [;] but as to surety risks, reinsurance [shall] must be allowed as a deduction only if [such] the reinsurance is with an insurer authorized to transact [such] that insurance in this state, and is in such form as to enable the obligee or beneficiary to maintain an action thereon against the reinsured jointly with the reinsurer, and upon recovering judgment against the reinsured , to have recovery against the reinsurer for payment to the extent in which it may be liable under [such] the reinsurance and in discharge thereof. As to surety risks, deduction [shall] must also be made of the amount assumed by any authorized cosurety and the value of any security deposited, pledged or held subject to the surety’s consent and for the surety’s protection.

      4.  As to alien insurers, this section relates only to risks and surplus to policyholders of the insurer’s United States branch.

      5.  “Surplus to policyholders” for the purposes of this section, in addition to the insurer’s capital and surplus, includes any voluntary reserves which are not required pursuant to law, and [shall] must be determined from the last sworn statement of the insurer on file with the commissioner, or by the last report of examination of the insurer, whichever is the more recent at time of assumption of risk.

      6.  This section does not apply to life or health insurance, annuities, title insurance, insurance of wet marine and transportation risks, workmen’s compensation insurance, employers’ liability coverages [,] or liability insurance, [surety] or to any policy or type of coverage as to which the maximum possible loss to the insurer is not readily ascertainable on issuance of the policy.

      7.  Limits of risk as to newly formed domestic mutual insurers [shall] must be as provided in NRS 692B.200.


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ê1993 Statutes of Nevada, Page 2386 (Chapter 575, AB 569)ê

 

      Sec. 7.5.  NRS 681A.110 is hereby amended to read as follows:

      681A.110  1.  An insurer may reinsure all or any part of an individual risk or of a particular class of risks in any other insurer or, with the approval of the commissioner, all its risks in an authorized insurer, or may accept such reinsurance from any other insurer. No domestic insurer may reinsure with an insurer which is not authorized to transact insurance or reinsurance unless:

      (a) The domestic insurer has the commissioner’s written approval; or

      (b) The insurer accepting the reinsurance is a group of insurers which includes individual, unincorporated [alien] insurers, having assets held in trust for the benefit of its United States policyholders in a sum not less than $50,000,000 and is authorized to transact insurance in at least one state.

If reinsurance is authorized pursuant to this section, a domestic insurer may reinsure all or substantially all its risks as provided in NRS 693A.370.

      2.  No credit may be taken for the reserve or unearned premium liability on account of any such reinsurance unless:

      (a) The insurer accepting the reinsurance is authorized to transact insurance in this state or in another state conforming to the same standards of solvency as would be required of it if, at the time [such] the reinsurance is effected, it were so authorized in this state; or

      (b) The insurer accepting the reinsurance is a group of insurers which includes individual, unincorporated [alien] insurers, having assets held in trust for the benefit of its United States policyholders in a sum not less than $50,000,000 and is authorized to transact insurance in at least one state.

      3.  Credit must be allowed as an asset or as a deduction from liability to any ceding insurer for reinsurance lawfully ceded to an assuming insurer qualified therefor under subsection 2, but no such credit may be allowed unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding insurer under the contracts reinsured without diminution because of the insolvency of the ceding insurer.

      4.  Upon request of the commissioner an insurer shall promptly inform him in writing of the cancellation or any other material change in any of its reinsurance treaties or arrangements.

      5.  This section does not apply to wet marine and transportation insurance.

      Sec. 8.  Chapter 682B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to the deposits authorized by NRS 682B.010, the commissioner may by regulation require as a condition of transacting the business of insurance in this state that a special deposit be maintained in this state by an authorized insurer who is subject to the provisions of chapter 680A of NRS or by an eligible insurer who is subject to the provisions of chapter 685A of NRS.

      2.  A deposit pursuant to this section:

      (a) Must be held for the sole benefit and protection of policyholders residing in this state and any risk that is resident, located or to be performed in this state that is the subject of insurance; and

      (b) Is subject to the provisions of NRS 682B.030 to 682B.120, inclusive.

      Sec. 9.  NRS 683A.130 is hereby amended to read as follows:

      683A.130  1.  For the protection of the people of this state, the commissioner shall not issue, continue or permit to exist any agent’s, broker’s or solicitor’s license except in compliance with this chapter.


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ê1993 Statutes of Nevada, Page 2387 (Chapter 575, AB 569)ê

 

solicitor’s license except in compliance with this chapter. Any natural person for whom such a license is issued, continued or permitted to exist must:

      (a) Be a bona fide resident of, and reside within, this state. This paragraph does not apply to:

             (1) An agent brought into this state by an insurer to replace an agent disabled, deceased or dismissed.

             (2) A licensed nonresident agent or nonresident broker of this state who otherwise qualifies for a license and is licensed as a resident within 60 days after he becomes a bona fide resident of this state. This subparagraph does not otherwise apply to nonresident agents and nonresident brokers.

             (3) A licensed resident agent or resident broker during the 60 days next following the date he establishes his residence in another state.

      (b) Be at least 18 years of age.

      (c) If he applies for or holds an agent’s license, have been appointed an agent by an authorized insurer, subject to the issuance of the license.

      (d) If he applies for or holds a solicitor’s license, be the bona fide employee of a licensed resident agent or a licensed resident broker as a solicitor, or be so employed subject to the issuance of the license.

      (e) If he applies for or holds a broker’s license, have had experience for at least 1 year as an agent, solicitor, managing general agent, adjuster , insurer’s underwriter or broker or have had other special experience, education or training, all of sufficient content and duration reasonably necessary for competence in fulfilling the responsibilities of a broker.

      (f) Be competent, trustworthy and financially responsible.

      (g) Pass each examination required for the license pursuant to this chapter.

      (h) Successfully complete each course of instruction which the commissioner requires by regulation.

      2.  The commissioner shall not differentiate between persons entitled to act as agents, on the basis that the persons are engaged in other businesses to which the insurance agency is incidental or supplemental.

      3.  The commissioner may require applicants for licensing to pay, in addition to the fee required by NRS 683A.150, a fee of $15 for the recovery fund.

      Sec. 10.  NRS 683A.240 is hereby amended to read as follows:

      683A.240  1.  Every unincorporated licensee or unincorporated applicant for a license under this chapter who desires to use a name other than its true name as shown on its license shall file with the commissioner a certified copy of the entry of the county clerk and of the certificate filed under chapter 602 of NRS. Every incorporated licensee and incorporated applicant [shall] must file with the commissioner in writing the corporation’s true name and also all fictitious names under which it conducts or intends to conduct business. After licensing, every such licensee shall file promptly with the commissioner written notice of any change in or discontinuance of the use of any such name.

      2.  The commissioner may in writing disapprove the use of any true name , [(] other than the bona fide natural name of an individual applicant or licensee , [)] or any fictitious name used or proposed to be used by any applicant or licensee, on any of the following grounds:

      (a) The name interferes with or is deceptively similar to a name already filed and in use by another licensee.


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ê1993 Statutes of Nevada, Page 2388 (Chapter 575, AB 569)ê

 

      (b) Use of the name may mislead the public in any respect.

      (c) The name states or implies that the licensee or applicant is an insurer, motor club, hospital service plan or is entitled to engage in insurance activities not permitted under licenses which it holds or has applied for.

      (d) The name states or implies that the licensee is an underwriter. This paragraph does not prevent an individual life agent licensee or an individual life insurance broker licensee from describing himself as an underwriter, or from using the designation “chartered life underwriter” if entitled thereto, or prevent a natural person who is a property and casualty licensee from using the designation “chartered property and casualty underwriter” if entitled thereto, or prevent an insurance agent or broker trade association from using a name containing “underwriter”.

      (e) The licensee has already filed and not discontinued use of more than two names, including the true name. [This paragraph does not prevent a licensee who has lawfully purchased or succeeded to the business of other licensees from using for each such business not more than two additional names, true or fictitious, consisting of names used by his predecessors in the conduct of their businesses.]

      3.  A licensee shall not use a name after written notice from the commissioner that its use is contrary to this section. If the commissioner determines that such use is justified by mitigating circumstances, he may in writing permit use of the name to continue for a specified reasonable period upon conditions imposed by him for the protection of the public consistent with the purposes of this section.

      4.  Paragraphs (a), (c) and (d) of subsection 2 do not apply to the true name of any organization which on July 1, 1965, held under such name any type of license similar to those provided for under this chapter, or to any fictitious name in use on July 1, 1965, by any natural person or organization holding any type of license similar to those provided for under this chapter, if the fictitious name was filed with the commissioner on or before July 1, 1965.

      Sec. 11.  NRS 683A.380 is hereby amended to read as follows:

      683A.380  1.  Every resident general lines agent , [and] resident general lines broker , life agent and health agent shall [have and] maintain in this state a place of business accessible to the public, wherein the licensee principally conducts transactions under his license. The address of that place must appear upon the application for a license and upon the license, when issued, and the licensee shall promptly notify the commissioner in writing of any change thereof. [Nothing in this section prohibits] This section does not prohibit the maintenance of the place of business in the licensee’s residence in this state.

      2.  The licenses of the licensee, and those of solicitors employed by him, must be conspicuously displayed in this place of business in a part thereof customarily open to the public.

      3.  The agent or broker shall keep at this place of business the records required under NRS 683A.390.

      Sec. 12.  NRS 683A.390 is hereby amended to read as follows:

      683A.390  1.  Every general lines agent , [and] general lines broker , life agent and health agent shall keep complete records of transactions under his license and those of his solicitors. The records must show, for each insurance policy placed or countersigned by or through the licensee, not less than the names of the insurer and insured, the number and expiration date of, and premium payable as to, the policy or contract, the names of all other persons from whom business is accepted or to whom commissions are promised or paid, all premiums collected, and such additional information as the commissioner may reasonably require.


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ê1993 Statutes of Nevada, Page 2389 (Chapter 575, AB 569)ê

 

policy placed or countersigned by or through the licensee, not less than the names of the insurer and insured, the number and expiration date of, and premium payable as to, the policy or contract, the names of all other persons from whom business is accepted or to whom commissions are promised or paid, all premiums collected, and such additional information as the commissioner may reasonably require.

      2.  The records must be open to examination of the commissioner at all times, and the commissioner may at any time require the licensee to furnish to him, in such manner or form as he requires, any information kept or required to be kept in [such] those records.

      3.  Records of a particular policy or contract may be destroyed 3 years after expiration of the policy or contract.

      Sec. 12.5.  NRS 684A.020 is hereby amended to read as follows:

      684A.020  1.  As used in this code, “adjuster” means any person who, for compensation as an independent contractor or for a fee or commission, investigates and settles, and reports to his principal relative to, claims:

      (a) Arising under insurance contracts for property, casualty or surety coverage, on behalf solely of the insurer or the insured; or

      (b) Against a self-insurer who is providing similar coverage, unless the coverage provided relates to a claim for industrial insurance.

      2.  [An] Except as otherwise provided in subsection 3:

      (a) An associate adjuster, as defined in NRS 684A.030 [, or an] ;

      (b) An attorney at law who adjusts insurance losses from time to time incidental to the practice of his profession [, or an] ;

      (c) An adjuster of ocean marine losses [, or a] ;

      (d) A salaried employee of an insurer [, or a] ; or

      (e) A salaried employee of a managing general agent maintaining an underwriting office in this state,

is not considered an adjuster for the purposes of this chapter.

      3.  For any insurer who sells to natural persons liability insurance covering motor vehicles, “adjuster” includes a salaried employee of the insurer and a salaried employee of a managing general agency maintaining an underwriting office in this state.

      Sec. 13.  NRS 684A.240 is hereby amended to read as follows:

      684A.240  1.  In addition to or in lieu of the suspension, revocation or refusal to renew any adjuster’s license for any of the causes referred to in NRS 684A.210, after hearing thereon or upon waiver of hearing by the licensee, the commissioner may levy upon the licensee an administrative fine in any amount not less than $25 nor more than [$250.] $500.

      2.  In his order levying the fine the commissioner shall specify a period of not less than 15 days nor more than 30 days [from] after the date of the order within which the fine must be paid in full.

      3.  If the fine is not paid when due, the commissioner shall revoke the license involved, if not already revoked, and the fine must be recovered in a civil action brought by the attorney general in the commissioner’s behalf.

      Sec. 13.5.  NRS 685A.070 is hereby amended to read as follows:

      685A.070  1.  A broker shall not knowingly place surplus lines insurance with an insurer which is unsound financially or ineligible pursuant to this section.


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ê1993 Statutes of Nevada, Page 2390 (Chapter 575, AB 569)ê

 

      2.  No insurer is eligible for the acceptance of surplus lines risks pursuant to this chapter unless it has surplus as to policyholders not less in amount than $5,000,000 and, if an alien insurer, unless it has and maintains in a bank or trust company which is a member of the United States Federal Reserve System a trust fund established pursuant to terms reasonably adequate for the protection of all of its policyholders in the United States of America in an amount of not less than $1,500,000. Such a trust fund must not have an expiration date which is at any time less than 5 years in the future, on a continuing basis. In the case of:

      (a) A group of insurers which includes individual unincorporated insurers, such a trust fund must be not less than $100,000,000.

      (b) A group of incorporated insurers under common administration, such a trust fund must not be less than $100,000,000. The group of incorporated insurers [shall:] must:

             (1) Operate under the supervision of the Department of Trade and Industry of the United Kingdom;

             (2) Possess aggregate policyholders surplus of $10,000,000,000, which must consist of money in trust in an amount not less than the assuming insurers’ liabilities attributable to insurance written in the United States; and

             (3) Maintain a joint trusteed surplus of which $100,000,000 must be held jointly for the benefit of United States ceding insurers of any member of the group.

      (c) An insurance exchange created by the laws of a state, such a trust fund must not be less than $50,000,000. If an insurance exchange maintains money for the protection of all policyholders, each syndicate shall maintain minimum capital and surplus or the substantial equivalent thereof, of not less than $3,000,000. If the insurance exchange does not maintain money for the protection of all policyholders, each syndicate [shall] must meet the minimum capital and surplus requirements stated in paragraph (a).

The commissioner may require larger trust funds than those set forth in this section if, in his judgment, the volume of business being transacted or proposed to be transacted warrants larger amounts.

      3.  No insurer is eligible to write surplus lines of insurance unless it has established a reputation for financial integrity and satisfactory practices in underwriting and handling claims. In addition, a foreign insurer must be authorized in the state of its domicile to write the kinds of insurance which it intends to write in Nevada.

      4.  The commissioner may from time to time compile or approve a list of all surplus lines insurers deemed by him to be eligible currently, and may mail a copy of the list to each broker at his office last of record with the commissioner. To be placed on the list, a surplus lines insurer must file an application with the commissioner. The application must be accompanied by a nonrefundable fee of $2,450. This subsection does not require the commissioner to determine the actual financial condition or claims practices of any unauthorized insurer. The status of eligibility, if granted by the commissioner, indicates only that the insurer appears to be sound financially and to have satisfactory claims practices, and that the commissioner has no credible evidence to the contrary. While any such list is in effect, the broker shall restrict to the insurers so listed all surplus lines business placed by him.


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ê1993 Statutes of Nevada, Page 2391 (Chapter 575, AB 569)ê

 

      Sec. 14.  Chapter 685B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the commissioner has reason to believe that an insurer has committed or engaged in, is committing or engaging in, or is about to commit or engage in any practice, transaction or act prohibited by NRS 685B.030, he may:

      (a) Apply to the district court for injunctive relief pursuant to NRS 685B.040 and for an order imposing an administrative fine pursuant to NRS 685B.080;

      (b) Issue a statement of charges and a notice of an administrative hearing to be held before the commissioner on those charges and serve the statement and notice upon the person so charged; or

      (c) Issue a cease and desist order if the commissioner deems, in his discretion, that the insurer’s conduct is injurious to the rights and interests of the public or policyholders in this state and that emergency action is imperatively required. If the commissioner issues a cease and desist order pursuant to this paragraph, he must hold a hearing within 30 days after a request by the insurer in accordance with the provisions of NRS 679B.310.

      2.  Any statement of charges and notice of an administrative hearing pursuant to this section must be:

      (a) Issued as provided in NRS 679B.320; and

      (b) Served personally or by certified or registered mail.

      3.  After the commissioner conducts a hearing pursuant to this section, he shall issue an order pursuant to NRS 679B.360. If the commissioner determines that the person being charged has engaged in a practice prohibited by this Title, the commissioner:

      (a) Shall order the person to cease and desist from that practice; and

      (b) May order the person to pay an administrative fine pursuant to NRS 685B.080.

      4.  The commissioner may modify or set aside, in whole or in part, any order issued by him pursuant to this section, but any such action must be made before the expiration of the time for taking an appeal or before the official record of the proceeding has been filed with the court.

      5.  An order issued pursuant to this section:

      (a) May be reviewed pursuant to NRS 679B.370.

      (b) Becomes final:

             (1) Upon the expiration of the time for taking an appeal, if no petition for judicial review has been filed; or

             (2) Upon the final decision of the court.

      6.  If a person violates an order issued pursuant to this section, the commissioner may, after notice and a hearing, impose an administrative fine of not more than $5,000 for each violation.

      7.  The commissioner shall not, sooner than 1 year after the date on which an order pursuant to this section has been issued, grant an authorization as a surplus lines insurer or issue any license pursuant to Title 57 of NRS to the violator.

      Sec. 15.  NRS 685B.030 is hereby amended to read as follows:

      685B.030  1.  As used in this section unless otherwise indicated, “insurer” includes:


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ê1993 Statutes of Nevada, Page 2392 (Chapter 575, AB 569)ê

 

      (a) All corporations, associations, partnerships and natural persons engaged as principals in the business of insurance, including a fraternal benefit society, a nonprofit corporation offering dental, hospital and medical services, a health maintenance organization [and] , a prepaid limited health service organization, an organization for dental care [; and] , a dental plan, an optometric plan or a similar health service plan; and

      (b) Interinsurance exchanges and mutual benefit societies.

      2.  It is unlawful for any insurer to transact an insurance business in this state as set forth in subsection 3, without a certificate of authority from the commissioner. This section does not apply to:

      (a) Any transaction for which a certificate of authority is not required pursuant to NRS 680A.070.

      (b) Attorneys at law acting in the ordinary relation of attorney and client in the adjustment of claims or losses.

      (c) Transactions in this state involving any policy of insurance or annuity contract issued before January 1, 1972.

      (d) Transactions in this state relative to a policy issued or to be issued outside this state involving insurance on vessels, craft or hulls, cargoes, marine builder’s risk, marine protection and indemnity or other risk, including strikes and war risks commonly insured under ocean or wet marine forms of policy.

      3.  Any of the following acts in this state effected by mail or otherwise by or on behalf of an unauthorized insurer constitutes the transaction of an insurance business in this state:

      (a) The making of or proposing to make, as an insurer, an insurance contract.

      (b) The making of or proposing to make, as guarantor or surety, any contract of guaranty or suretyship as a vocation and not merely incidental to any other legitimate business or activity of the guarantor or surety.

      (c) The taking or receiving of any application for insurance.

      (d) The receiving or collection of any premium, commission, membership fees, assessments, dues or other consideration for any insurance or any part thereof.

      (e) The issuance or delivery of contracts of insurance to residents of this state or to persons authorized to do business in this state.

      (f) Directly or indirectly acting as an agent for or otherwise representing or aiding on behalf of another any person or insurer in the solicitation, negotiation, procurement or effectuation of insurance or renewals thereof or in the dissemination of information as to coverage or rates, or forwarding of applications, or delivery of policies or contracts, or inspection of risks, a fixing of rates or investigation or adjustment of claims or losses or in the transaction of matters after effectuation of the contract and arising out of it, or in any other manner representing or assisting a person or insurer in the transaction of insurance with respect to subjects of insurance that are resident, located or to be performed in this state. The provisions of this paragraph do not prohibit full-time salaried employees of a corporate insured from acting in the capacity of an insurance manager or buyer in placing insurance on behalf of such an employer.


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ê1993 Statutes of Nevada, Page 2393 (Chapter 575, AB 569)ê

 

      (g) The transaction of any kind of insurance business specifically recognized as transacting an insurance business within the meaning of the statutes relating to insurance.

      (h) The transacting or proposing to transact any insurance business in substance equivalent to any of the provisions of paragraphs (a) to (g), inclusive, in a manner designed to evade the provisions of the statutes.

      4.  The venue of an act committed by mail is at the point where the matter transmitted by mail is delivered and takes effect.

      5.  The failure of an insurer transacting insurance business in this state to obtain a certificate of authority does not impair the validity of any act or contract of the insurer and does not prevent the insurer from defending any action at law or suit in equity in any court of this state, except that no insurer transacting insurance business in this state without a certificate of authority may maintain an action in any court of this state to enforce any right, claim or demand arising out of the transaction of such business until the insurer has obtained a certificate of authority. In the event of a failure by an unauthorized insurer to pay any claim or loss within the provisions of an insurance contract, any person who assisted or in any manner aided directly or indirectly in the procurement of the insurance contract is liable to the insured for the full amount of the claim or loss in the manner provided by the provisions of the insurance contract.

      Sec. 16.  NRS 685B.080 is hereby amended to read as follows:

      685B.080  Any unauthorized insurer who transacts any unauthorized act of an insurance business as set forth in the Unauthorized Insurers Act may be fined not more than $10,000 [.] for each act or violation.

      Sec. 17.  NRS 685B.170 is hereby amended to read as follows:

      685B.170  1.  After the commissioner conducts a hearing pursuant to NRS 685B.160, he shall issue an order pursuant to NRS 679B.360. If the commissioner determines that the person being charged has engaged in a practice prohibited by this code, the commissioner shall order him to cease and desist from that practice.

      2.  If the person knew or reasonably should have known that he was in violation of this code, the commissioner may order him to pay an administrative fine of not more than [$1,000] $10,000 for each act or violation . [up to an aggregate penalty of $10,000.]

      3.  The commissioner may modify or set aside, in whole or in part, any order issued by him pursuant to this section, but any such action must be made before the expiration of the period for appeal or before the official record in the proceeding has been filed with the court.

      Sec. 18.  Chapter 686A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A company shall, immediately after it has been issued a license, file with the commissioner a schedule of rates and charges it intends to use in this state. The schedule must include, and separately identify, any commission which is required to be paid to an agent or broker who completes an agreement. Any change in the schedule must be filed with the commissioner at least 60 days before the rates become effective.

      2.  A company may not impose a charge included in an agreement unless the charge is included in the schedule filed with the commissioner.


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ê1993 Statutes of Nevada, Page 2394 (Chapter 575, AB 569)ê

 

      3.  The commissioner shall not approve any charge listed in the schedule which is unfairly discriminatory in relation to similar risks.

      Sec. 19.  NRS 686A.183 is hereby amended to read as follows:

      686A.183  1.  After the hearing provided for in NRS 686A.160, the commissioner shall issue his order on hearing pursuant to NRS 679A.360. If the commissioner determines that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice in violation of NRS 686A.010 to 686A.310, inclusive, he shall order him to cease and desist from engaging in [such] that method of competition, act or practice, and may [, in his discretion,] order one or both of the following:

      (a) If the person knew or reasonably should have known that he was in violation of NRS 686A.010 to 686A.310, inclusive, payment of an administrative fine of not more than [$1,000] $5,000 for each act or violation, [but not to exceed an aggregate penalty of $10,000,] except that as to licensed agents, brokers, solicitors and adjusters, the administrative fine shall not exceed $500 for each act or violation.

      (b) Suspension or revocation of the person’s license if he knew or reasonably should have known that he was in violation of NRS 686A.010 to 686A.310, inclusive.

      2.  Until the expiration of the time allowed for taking an appeal, pursuant to NRS 679B.370, if no petition for review has been [duly] filed within [such] that time, or, if a petition for review has been filed within [such time, then] that time, until the official record in the proceeding has been filed with the court, the commissioner may, at any time, upon such notice and in such manner as he deems proper, modify or set aside, in whole or in part, any order issued by him under this section.

      3.  After the expiration of the time allowed for taking an appeal, if no petition for review has been filed, the commissioner may at any time, after notice and opportunity for hearing, reopen and alter, modify or set aside, in whole or in part, any order issued by him under this section whenever in his opinion conditions of fact or of law have so changed as to require such action or if the public interest so requires.

      Sec. 20.  NRS 686A.225 is hereby amended to read as follows:

      686A.225  1.  Except as otherwise provided in NRS 684A.060, any insurer who [:

      (a) Transacts property, casualty or surety insurance in this state; and

      (b) Retains an adjuster to investigate and settle any claim arising under an insurance contract,] sells liability insurance covering motor vehicles to natural persons shall retain an adjuster who [resides] is licensed in this state.

      2.  As used in this section, “adjuster” has the meaning ascribed to it in NRS 684A.020.

      Sec. 21.  NRS 686A.330 is hereby amended to read as follows:

      686A.330  As used in NRS 686A.330 to 686A.520, inclusive, and section 18 of this act, unless the context otherwise requires:

      1.  “Agreement” means a contract between a person and an insured or prospective insured under which the person agrees to pay a premium in advance on behalf of the insured or prospective insured in exchange for repayment of the amount advanced with interest or for some other consideration.


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

ê1993 Statutes of Nevada, Page 2395 (Chapter 575, AB 569)ê

 

repayment of the amount advanced with interest or for some other consideration. [The term does not include an agreement for the financing of commercial insurance.]

      2.  “Company” means a person engaged in the business of entering into agreements or purchasing agreements. The term does not include a person who finances a premium in connection with the sale of a motor vehicle upon which he holds a lien.

      Sec. 22.  NRS 686A.360 is hereby amended to read as follows:

      686A.360  1.  An application for a license to engage in the business of a company must be filed with the commissioner on a form prescribed by him and must include:

      (a) A nonrefundable fee for application and for investigation of the applicant of $500;

      (b) A surety bond payable to the State of Nevada in the amount of [$25,000,] $50,000 executed by a surety company which is authorized to do business in Nevada;

      (c) A current certified financial statement or another financial statement if individually approved by the commissioner;

      (d) An appointment of the commissioner and his successors in office as the applicant’s attorney to receive service of process; and

      (e) If the applicant is a corporation, a copy of its articles of incorporation.

      2.  The applicant shall provide the commissioner with any material change concerning information contained in the application within 10 days after the change occurs.

      Sec. 23.  NRS 686A.390 is hereby amended to read as follows:

      686A.390  1.  Before using a form for an agreement or notice required by this chapter, a company must submit the proposed form to the commissioner for approval. If the commissioner does not disapprove a form within [30] 60 days after it is submitted, the form shall be deemed approved.

      2.  The commissioner shall not approve any form unless it complies with the provisions of NRS 686A.330 to 686A.520, inclusive.

      3.  An insurer, including any subsidiary of an insurer or corporation under substantially the same management or control as an insurer, shall file all forms for agreements and any related forms. The filing required in this subsection is in addition to the filings required pursuant to chapter 686B of NRS.

      Sec. 24.  NRS 686A.450 is hereby amended to read as follows:

      686A.450  1.  A company shall not impose or collect a fee or charge which is not authorized by this section.

      2.  An agreement may provide for a charge for any late payment of an installment of not less than $1 and not more than 5 percent of the installment.

      [2.]3.  A company may collect a fee of not more than [$7.50] $15 for each check returned to the company because the insured had insufficient money or credit with the drawee to pay the check or because the insured stopped payment on the check.

      [3.]4.  An agreement may provide for payment of collection costs or attorney’s fees, equal to 20 percent of the outstanding indebtedness if the agreement is referred for collection to a collection agency or attorney who is not an employee of the company.


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

ê1993 Statutes of Nevada, Page 2396 (Chapter 575, AB 569)ê

 

      Sec. 25.  NRS 686A.460 is hereby amended to read as follows:

      686A.460  1.  When an agreement contains a power of attorney enabling the company, in the name of the insured, to cancel any insurance policy listed in the agreement, the insurance policy must not be canceled by the company unless it is canceled in accordance with this section.

      2.  A company shall mail written notice of its intent to cancel an insurance policy because of a default in payment under an agreement to the insured at his last known address as indicated in the records of the company and to the agent who submitted the agreement at least 10 days before the cancellation. If the default is cured within this 10-day period, the company shall not cancel the insurance policy.

      3.  If the default is not cured within the 10-day period, the company may cancel the policy if it mails to the insured at his last known address as indicated in the records of the company and to the insurer a notice of cancellation which must include the effective date of cancellation. The policy must be canceled as if the notice of cancellation had been submitted by the insured, but without requiring the return of the policy.

      4.  No insurance policy may be canceled for nonpayment of a charge for a late payment.

      5.  This section does not authorize the cancellation of an insurance policy without giving any other notice required by law or satisfying other conditions for cancellation.

      6.  A company shall not impose or collect a fee for the cancellation of a policy or agreement.

      Sec. 26.  NRS 686A.470 is hereby amended to read as follows:

      686A.470  1.  When an insurance policy is canceled pursuant to NRS 686A.460, the insurer shall return the unearned premium to the company for credit to the account of the insured. The premium must be mailed to the company:

      (a) Within 45 days after receipt of the notice of cancellation; or

      (b) Immediately following an audit performed to determine the amount of the premium. If such an audit is performed, it must be completed within 60 days after receipt of the notice of cancellation.

      2.  If the returned portion of the premium exceeds the insured’s obligation to the company, the company shall pay the excess to the insured within 30 days after receipt, except that no refund is required if the excess is less than $1.

      3.  If the returned portion of the premium is less than the insured’s obligation to the company, the company shall notify the insured within 15 days making a demand for payment, except that the company shall not make a demand for payment if the obligation is less than $1.

      4.  The company shall notify the agent who submitted the agreement of any refund paid directly to the insured pursuant to subsection 2 at the time the refund is paid. Within 15 days after receipt of this notice, the agent shall refund to the insured any unearned commissions which are owed to the insured as a result of the cancellation.

      5.  The company shall notify the agent who submitted the agreement of any deficiency. Within 30 days after receipt of the notice, the agent shall refund to the insured any unearned commissions which are owed to the insured as a result of the cancellation.


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ê1993 Statutes of Nevada, Page 2397 (Chapter 575, AB 569)ê

 

the insured any unearned commissions which are owed to the insured as a result of the cancellation.

      Sec. 27.  NRS 686A.490 is hereby amended to read as follows:

      686A.490  1.  No agreement may contain a provision allowing a company recourse against the agent who submitted the agreement based upon the insured’s default in payments.

      2.  A company , broker or an agent of a company shall not offer to any person as an inducement to enter an agreement any gift, rebate or other consideration unless the consideration is an article of less than [$1] $2 in value which includes an advertisement of the company. This subsection does not prohibit a company from providing to a broker or an agent who submits the agreement to the company any supplies or equipment necessary to submit the agreement to the company. Any such supplies or equipment which is not disposable remains the property of the company.

      3.  A company or an agent or broker submitting an agreement shall not:

      (a) Induce or attempt to induce an insured to become obligated under more than one agreement to obtain more than one initial charge for entering the agreement.

      (b) Write any insurance in connection with the agreement, including life or health insurance limited to the amount advanced on behalf of the insured.

      Sec. 28.  NRS 686A.500 is hereby amended to read as follows:

      686A.500  1.  Any licensed resident or nonresident agent or broker who has any financial interest in a company, other than in submitting agreements through the company, shall disclose to the insured, in the manner prescribed by the commissioner, his interest in the company.

      2.  [Any] A licensed resident or nonresident agent or broker who submits any agreement shall [, if he accepts] not accept any compensation for arranging, directing or performing services in connection with the agreement . [, disclose to the insured, in the manner prescribed by the commissioner, the amount of compensation he is to receive from the company.] A company shall not pay or offer to pay any compensation to a licensed resident or nonresident agent or broker who submits an agreement to the company.

      Sec. 29.  NRS 686A.510 is hereby amended to read as follows:

      686A.510  1.  A person who violates the provisions of NRS 686A.340 shall be punished by a fine of not more than [$100] $200 per day or [$25] $500 per agreement per day for every day the violation continues, whichever is greater.

      2.  A person who violates any other provision of NRS 686A.330 to 686A.520, inclusive, shall be punished by a fine of not more than [$500.] $1,000.

      3.  A person who fails or refuses to comply with an order issued by the commissioner pursuant to NRS 686A.330 to 686A.520, inclusive, shall be punished by a fine of not more than $1,000.

      Sec. 29.5.  NRS 686B.030 is hereby amended to read as follows:

      686B.030  1.  Except as otherwise provided in subsection 2, NRS 686B.010 to 686B.175, inclusive, applies to all kinds and lines of direct insurance written on risks or operations in this state by any insurer authorized to do business in this state, except:

      [1.](a) Ocean marine insurance;


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ê1993 Statutes of Nevada, Page 2398 (Chapter 575, AB 569)ê

 

      [2.](b) Workmen’s compensation insurance;

      [3.](c) Contracts issued by fraternal benefit societies;

      [4.](d) Life insurance and credit life insurance;

      [5.](e) Variable and fixed annuities; [and

      6.](f) Group and blanket health insurance and credit health insurance [.] ;

      (g) Property insurance for business and commercial risks; and

      (h) Casualty insurance for business and commercial risks other than insurance covering the liability of a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS.

      2.  The exclusions set forth in paragraphs (g) and (h) of subsection 1 extend only to issues related to the determination or approval of premium rates.

      Sec. 30.  Chapter 687B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The commissioner may adopt regulations relating to the form, content and sale of policies of insurance which provide for the payment of expenses which are not covered by Medicare.

      2.  The commissioner may adopt regulations relating to the sale of more than one policy of health insurance to the same person.

      3.  As used in this section, “Medicare” means the program of health insurance for aged and disabled persons established pursuant to Title XVIII of the Social Security Act (42 U.S.C. §§ 1395 et seq.).

      Secs. 31-33.  (Deleted by amendment.)

      Sec. 34.  NRS 687B.120 is hereby amended to read as follows:

      687B.120  1.  No life or health insurance policy or contract, annuity contract form, policy form, health care plan or plan for dental care, whether individual, group or blanket, including those to be issued by a health maintenance organization, organization for dental care or prepaid limited health service organization, or application form where a written application is required and is to be made a part of the policy or contract, or printed rider or endorsement form or form of renewal certificate, or form of individual certificate or statement of coverage to be issued under group or blanket contracts, [shall] or by a health maintenance organization, organization for dental care or prepaid limited health service organization, may be delivered or issued for delivery in this state, unless the form has been filed with and approved by the commissioner. This subsection does not apply to any special rider or endorsement which relates to the manner of distribution of benefits or to the reservation of rights and benefits under life or health insurance policies, which special riders or endorsements are used at the request of the individual policyholder, contract holder of certificate holder. As to group insurance policies effectuated and delivered outside this state but covering persons resident in this state, the group certificates to be delivered or issued for delivery in this state [shall] must be filed, for informational purposes only, with the commissioner at his request.

      2.  Every such filing [shall] must be made not less than 30 days in advance of any such delivery. At the expiration of 30 days the form so filed shall be deemed approved unless prior thereto it has been affirmatively approved or disapproved by order of the commissioner. Approval of any such form by the commissioner [shall constitute] constitutes a waiver of any unexpired portion of such waiting period.


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ê1993 Statutes of Nevada, Page 2399 (Chapter 575, AB 569)ê

 

of such waiting period. The commissioner may extend by not more than an additional 30 days the period within which he may so affirmatively approve or disapprove any such form, by giving notice to the insurer of [such] the extension before expiration of the initial 30-day period. At the expiration of any such period as so extended, and in the absence of [such] prior affirmative approval or disapproval, any such form shall be deemed approved. The commissioner may at any time, after notice and for cause shown, withdraw any such approval.

      3.  Any order of the commissioner disapproving any such form or withdrawing a previous approval [shall] must state the grounds therefor and the particulars thereof in such detail as reasonably to inform the insurer thereof. Any such withdrawal of a previously approved form [shall be] is effective at the expiration of such a period, not less than 30 days after the giving of notice of withdrawal, as the commissioner [shall] in such notice [prescribe.] prescribes.

      4.  The commissioner may, by order, exempt from the requirements of this section for so long as he deems proper any insurance document or form or type thereof specified in [such] the order, to which, in his opinion, this section may not practicably be applied, or the filing and approval of which are, in his opinion, not desirable or necessary for the protection of the public.

      5.  Appeals from orders of the commissioner disapproving any such form or withdrawing a previous approval may be taken as provided in NRS 679B.310 to 679B.370, inclusive.

      Sec. 35.  NRS 687B.310 is hereby amended to read as follows:

      687B.310  1.  NRS 687B.310 to [687B.390,] 687B.420, inclusive, apply to all binders and all contracts of insurance the general terms of which are required to be approved or are subject to disapproval by the commissioner, except as otherwise provided by statute or by rule [under] pursuant to subsection 3.

      2.  The contract may provide terms more favorable to policyholders than are required by NRS 687B.310 to [687B.390,] 687B.420, inclusive.

      3.  The commissioner may by rule exempt from NRS 687B.310 to [687B.390,] 687B.420, inclusive, classes of insurance contracts where the policyholders do not need protection against arbitrary termination.

      4.  The rights provided by NRS 687B.310 to [687B.390,] 687B.420, inclusive, are in addition to and do not prejudice any other rights the policyholder may have at common law or under other statutes.

      5.  NRS 687B.310 to [687B.390,] 687B.420, inclusive, do not prevent the rescission or reformation of any life or health insurance contract not otherwise denied by the terms of the contract or by any other statute.

      6.  Any notice to an insured required pursuant to NRS 687B.320 to 687B.350, inclusive, must be personally delivered to the insured or mailed first class or certified to the insured at his address last known by the insurer. The notice must state the effective date of the cancellation or nonrenewal and be accompanied by a written explanation of the specific reasons for the cancellation or nonrenewal.

      Sec. 36.  NRS 687B.360 is hereby amended to read as follows:

      687B.360  If a notice of cancellation or nonrenewal under NRS 687B.310 to [687B.390,] 687B.420, inclusive, does not state with reasonable precision the facts on which the insurer’s decision is based, the insurer [must] shall supply that information within 6 days after receipt of a written request by the policyholder.


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ê1993 Statutes of Nevada, Page 2400 (Chapter 575, AB 569)ê

 

the facts on which the insurer’s decision is based, the insurer [must] shall supply that information within 6 days after receipt of a written request by the policyholder. No notice [shall be] is effective unless it contains adequate information about the policyholder’s right to make such a request.

      Sec. 37.  NRS 687B.370 is hereby amended to read as follows:

      687B.370  Except for a notice of cancellation for the failure to pay a premium when due, no notice required pursuant to NRS 687B.310 to [687B.390,] 687B.420, inclusive, is effective unless it contains adequate instructions enabling the policyholder to apply for insurance through any voluntary or mandatory risk-sharing plan established pursuant to NRS 686B.180 and 686B.200 existing at the time of the notice, for which the policyholder may be eligible.

      Sec. 38.  NRS 687B.380 is hereby amended to read as follows:

      687B.380  There [shall be] is no liability on the part of and no cause of action of any nature [shall] may arise against any insurer, its authorized representative, its agents, its employees, or any [firm, person or corporation] person furnishing to the insurer information as to reasons for cancellation or nonrenewal, for any statement made by them in complying with NRS 687B.310 to [687B.390,] 687B.420, inclusive, or for the providing of information pertaining thereto.

      Sec. 39.  NRS 687B.420 is hereby amended to read as follows:

      687B.420  An insurer shall not cancel, fail to renew or renew with altered terms a policy or contract issued pursuant to chapter 688B, 689A, 689B, 695B, 695C or 695D of NRS unless notice in writing of the proposal is given to the insured at least 60 days before the date the proposed action becomes effective. The notice must include, without limitation, any changes in specific rates by line of coverage.

      Secs. 40-43.  (Deleted by amendment.)

      Sec. 44.  Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a policyholder requests information for the renewal of his policy, an insurer shall provide to the policyholder information regarding claims paid on behalf of the policyholder. The information must be provided within 30 working days after the insurer receives a written request from the policyholder. The insurer may charge the policyholder a reasonable fee for the information.

      2.  The commissioner may adopt regulations to carry out the provisions of subsection 1.

      Sec. 45.  NRS 695C.090 is hereby amended to read as follows:

      695C.090  The commissioner shall issue or deny a certificate of authority to any person filing an application pursuant to NRS 695C.060 within [30] 90 days of receipt of the certification from the state board of health. Issuance of a certificate of authority must be granted upon payment of the fees prescribed in NRS 695C.230 if the commissioner is satisfied that the following conditions are met:

      1.  The persons responsible for the conduct of the affairs of the applicant are competent, trustworthy and possess good reputations.


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

ê1993 Statutes of Nevada, Page 2401 (Chapter 575, AB 569)ê

 

      2.  The state board of health certifies, in accordance with NRS 695C.080, that the health maintenance organization’s proposed plan of operation meets the requirements of subsection 2 of NRS 695C.080.

      3.  The health care plan furnishes comprehensive health care services.

      4.  The health maintenance organization is financially responsible and may reasonably be expected to meet its obligations to enrollees and prospective enrollees. In making this determination, the commissioner may consider:

      (a) The financial soundness of the health care plan’s arrangements for health care services and the schedule of charges used in connection therewith;

      (b) The adequacy of working capital;

      (c) Any agreement with an insurer, a government, or any other organization for insuring the payment of the cost of health care services;

      (d) Any agreement with providers for the provision of health care services; and

      (e) Any surety bond or deposit of cash or securities submitted in accordance with NRS 695C.270 as a guarantee that the obligations will be duly performed.

      5.  The enrollees will be afforded an opportunity to participate in matters of program content pursuant to NRS 695C.110.

      6.  Nothing in the proposed method of operation, as shown by the information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, or by independent investigation is contrary to the public interest.

      Sec. 46.  NRS 695C.280 is hereby amended to read as follows:

      695C.280  The commissioner may adopt such reasonable regulations as are necessary to provide for the licensing of agents [.] or brokers. An agent is a person directly or indirectly associated with a health care plan who engages in solicitation or enrollment. A broker is a person who is directly involved with the insured in the manner provided in chapter 683A of NRS.

      Sec. 47.  NRS 695D.240 is hereby amended to read as follows:

      695D.240  1.  The organization for dental care shall use not more than 25 percent of its prepaid charges or premiums for marketing and administrative expenses, including all costs to solicit members or dentists.

      2.  The commissioner may adopt regulations which define “marketing and administrative expenses” for the purposes of subsection 1.

      Sec. 48.  NRS 695D.250 is hereby amended to read as follows:

      695D.250  1.  An organization for dental care shall set aside a reserve equal to 3 percent of the premiums collected from its members up to a total of $500,000. This reserve is in addition to the bond or deposit filed with the commissioner.

      2.  This section does not apply to organizations receiving money from federal, state or municipal governments or their political subdivisions or another comparable resource which have had their deposit or bond reduced by the commissioner.

      3.  Every organization shall maintain the reserves required by NRS 681B.080, unless a larger amount is required by subsection 1 of this section.

      4.  The reserve required by subsection 1 is held by the organization in a fiduciary capacity. The organization must deposit the reserve in an interest-bearing trust account established in a federally insured bank, credit union or savings and loan association in this state.


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

ê1993 Statutes of Nevada, Page 2402 (Chapter 575, AB 569)ê

 

savings and loan association in this state. The account must be separate from all other accounts maintained by the organization.

      5.  Any person who diverts or appropriates reserves held in a fiduciary capacity pursuant to this section for his own use is guilty of embezzlement.

      6.  The commissioner may adopt reasonable regulations related to the adequacy of a reserve required by this section and the establishment and maintenance of a trust account pursuant to this section.

      Sec. 48.5. NRS 695F.040 is hereby amended to read as follows:

      695F.040  [1.]  “Limited health service” means:

      [(a) Dental,]

      1.  Chiropractic, dental, hospital, medical, optometric, pharmaceutical , [or] podiatric or surgical care;

      [(b)]2.  Treatment relating to mental health or the abuse of drugs or alcohol; or

      [(c)]3.  Such other care or treatment as may be determined by the commissioner to be a limited health service.

      [2.  The term does not include any hospital, medical, surgical or emergency service except as that service is provided incidentally to a limited health service described in subsection 1.]

      Sec. 49.  NRS 695F.090 is hereby amended to read as follows:

      695F.090  Prepaid limited health service organizations are subject to the provisions of this chapter and to the following provisions of this Title, to the extent reasonably applicable:

      1.  NRS 687B.310 to [687B.390,] 687B.420, inclusive, concerning cancellation and nonrenewal of policies.

      2.  NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.

      3.  The requirements of NRS 679B.152.

      4.  The fees imposed pursuant to NRS 449.465.

      5.  NRS 686A.010 to 686A.310, inclusive, concerning trade practices and frauds.

      6.  The assessment imposed pursuant to subsection 3 of NRS 679B.158.

      7.  Chapter 683A of NRS.

      Sec. 50.  NRS 695F.170 is hereby amended to read as follows:

      695F.170  1.  A prepaid limited health service organization shall file with the commissioner a notice of any change in the rates, charges, benefits or any material change of any matter or document furnished pursuant to NRS 695F.110. The organization shall submit any proof necessary to justify the change. No such change is effective unless it is approved by the commissioner. If the commissioner does not disapprove of the change within 60 days after the notice is filed, the change shall be deemed approved.

      2.  If a prepaid limited health service organization wishes to add a limited health service, it shall submit:

      (a) An application to the commissioner;

      (b) The information required by NRS 695F.110, if the information is different from the information filed with the prepaid limited health service organization’s application; and

      (c) Proof of compliance with NRS 695F.200, 695F.220 and 695F.340.


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ê1993 Statutes of Nevada, Page 2403 (Chapter 575, AB 569)ê

 

A prepaid limited health service organization may not add a limited health service if the commissioner determines that adding the service would qualify the organization as a health maintenance organization pursuant to chapter 695C of NRS or as an offeror of a health care plan for which a certificate of authority is required by any other provisions of this Title.

      3.  If the commissioner does not deny the application within 60 days after it is filed, the application shall be deemed approved.

      4.  If the application is denied, the commissioner shall send a written notice to the prepaid limited health service organization. The notice must include the reason for the denial. The prepaid limited health service organization may request a hearing in the manner set forth in NRS 695F.140.

      Sec.  51.  NRS 695F.340 is hereby amended to read as follows:

      395F.340  Each prepaid limited health service organization shall pay to the commissioner the following fees:

For filing an application for a certificate of authority ....... [$500]  $2,450

For issuance of a certificate of authority .............................. [250]       283

For the renewal of a certificate of authority ......................... [250]    2,450

For filing a material change or addition of a limited health service            ........................................................................................... 100

For filing an annual report ...............................................................           25

For filing periodic reports required by the commissioner. ..........           25

      Sec. 52.  NRS 100.065 is hereby amended to read as follows:

      100.065  1.  In lieu of any cash payment or surety bond required as protection for the state of Nevada, the person required to provide the cash payment or surety bond may deposit with the state treasurer, unless a different custodian is named by specific statute:

      (a) Bonds of the United States or of the State of Nevada of an actual market value of not less than the amount of the required cash payment or surety bond;

      (b) A letter of credit from a bank, savings bank or savings and loan association situated in Nevada, which meets the requirements set for that purpose by the state treasurer; or

      (c) A savings certificate, certificate of deposit or investment certificate of a bank, savings bank or savings and loan association situated in Nevada, which must indicate an account of an amount not less than the amount of the required cash payment or surety bond and, except as otherwise provided by specific statute, that the amount is not available for withdrawal except by direct order of the state treasurer.

      2.  Whenever a savings certificate, certificate of deposit or investment certificate is deposited as provided in this section, interest earned on the certificate accrues to the account of the depositor.

      3.  If a surety bond is provided as protection for the State of Nevada, the bond must be issued by an insurer who is authorized or otherwise allowed under Title 57 of NRS to issue such a bond pursuant to Title 57 of NRS.

      Sec. 53.  NRS 616.291 is hereby amended to read as follows:

      616.291  1.  An employer may qualify as a self-insured employer by establishing to the satisfaction of the commissioner that the employer has sufficient administrative and financial resources to make certain the prompt payment of all compensation under this chapter or chapter 617 of NRS.


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

ê1993 Statutes of Nevada, Page 2404 (Chapter 575, AB 569)ê

 

      2.  A self-insured employer must, in addition to establishing financial ability to pay, deposit with the commissioner a bond executed by the employer as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, and conditioned upon the payment of compensation for injuries and occupational diseases to employees. The bond must be in an amount reasonably sufficient to ensure payment of compensation, but in no event may it be less than 105 percent of the employer’s expected annual incurred cost of claims, or less than $100,000. In arriving at an amount for the expected annual cost of claims, due consideration must be given to the past and prospective experience of the employer with losses and expenses within this state, to the hazard of catastrophic loss, to other contingencies, and to trends within the state. In arriving at the amount of the deposit required, the commissioner may consider the nature of the employer’s business, the financial ability of the employer to pay compensation and his probable continuity of operation.

      3.  In lieu of a bond the employer may deposit with the commissioner 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 t