[Rev. 1/16/2013 4:31:14 PM]

Link to Page 600

 

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ê1995 Statutes of Nevada, Page 601 (Chapter 293, SB 432)ê

 

       459.742  The commission, in carrying out its duties and within the limits of legislative appropriations and other available money, may:

       1.  Enter into contracts, leases or other agreements or transactions;

       2.  Provide grants of money to local emergency planning committees to improve their ability to respond to emergencies involving hazardous materials;

       3.  Assist with the development of comprehensive plans for responding to such emergencies in this state;

       4.  Provide technical assistance and administrative support to the telecommunications division of the department of [general] information services for the development of systems for communication during such emergencies;

       5.  Provide technical and administrative support and assistance for training programs;

       6.  Develop a system to provide public access to data relating to hazardous materials;

       7.  Support any activity or program eligible to receive money from the contingency fund for hazardous materials;

       8.  Adopt regulations setting forth the manner in which the division of emergency management of the department of [the military] motor vehicles and public safety must:

       (a) Allocate money received by the division which relates to hazardous materials or is received pursuant to Public Law 99-499 or Title I of Public Law 93-633; and

       (b) Approve programs developed to address planning for and responding to emergencies involving hazardous materials; and

       9.  Coordinate the activities administered by state agencies to carry out the provisions of chapter 459 of NRS, Public Law 99-499 and Title I of Public Law 93-633.

       Sec. 491.  NRS 481.067 is hereby amended to read as follows:

       481.067  1.  The department may include:

       (a) A registration division.

       (b) A drivers’ license division.

       (c) A Nevada highway patrol division . [and communications subdivision.]

       (d) An administrative services division.

       (e) An investigation division.

       (f) A division of emergency management.

       (g) A state fire marshal division.

       (h) A division of parole and probation.

       (i) Such other divisions as the director may from time to time establish.

       2.  Before he reorganizes the department, the director shall obtain the approval of:

       (a) The legislature, if it is in regular session; or

       (b) The interim finance committee, if the legislature is not in regular session.

       Sec. 496.  NRS 482.368 is hereby amended to read as follows:


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ê1995 Statutes of Nevada, Page 602 (Chapter 293, SB 432)ê

 

       482.368  1.  Except as otherwise provided in subsection 2, the department shall provide suitable distinguishing license plates for exempt vehicles. These plates must be displayed on the vehicles in the same manner as provided for privately owned vehicles. The fee for the issuance of the plates is $5. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege tax.

       2.  License plates furnished for:

       (a) Those vehicles which are maintained for and used by the governor or under the authority and direction of the chief parole and probation officer, the state contractors’ board and auditors, the state fire marshal, the investigation division of the department and any authorized federal law enforcement agency or law enforcement agency from another state;

       (b) One vehicle used by the department of prisons, three vehicles used by the [department of wildlife,] division of wildlife of the state department of conservation and natural resources, two vehicles used by the Caliente youth center and four vehicles used by the Nevada youth training center;

       (c) Vehicles of a city, county or the state, if authorized by the department for purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and

       (d) Vehicles maintained for and used by investigators of the following:

             (1) The state gaming control board;

             (2) The division of [brand inspection of the state department of agriculture;] agriculture of the department of business and industry;

             (3) The attorney general;

             (4) City or county juvenile officers;

             (5) District attorneys’ offices;

             (6) Public administrators’ offices;

             (7) Public guardians’ offices;

             (8) Sheriffs’ offices;

             (9) Police departments in the state; and

             (10) The securities division of the office of the secretary of state, must not bear any distinguishing mark which would serve to identify the vehicles as owned by the state, county or city. These license plates must be issued annually for $12 per plate or, if issued in sets, per set.

       3.  The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for vehicles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (d) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph must not be charged.

       4.  Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words “For Official Use Only” have been permanently and legibly affixed to each side of the vehicle, except those vehicles enumerated in subsection 2.


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ê1995 Statutes of Nevada, Page 603 (Chapter 293, SB 432)ê

 

controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words “For Official Use Only” have been permanently and legibly affixed to each side of the vehicle, except those vehicles enumerated in subsection 2.

       5.  As used in this section, “exempt vehicle” means a vehicle exempt from the privilege tax, except one owned by the United States.

       6.  The department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the department of any violation of its regulations, it may revoke the violator’s privilege of registering vehicles pursuant to this section.

       Sec. 497.  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;] employment, training and rehabilitation; 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, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

       (c) Advise the offender that:

             (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.


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ê1995 Statutes of Nevada, Page 604 (Chapter 293, SB 432)ê

 

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. 550.  NRS 501.363 is hereby amended to read as follows:

       501.363  A change account in the amount of $500 is hereby created. The account must be kept in the custody of one or more employees designated by the [director] administrator and used for the making of change incidental to the business of the [department.] division.

       Sec. 565.  NRS 502.110 is hereby amended to read as follows:

       502.110  1.  Except as otherwise provided in subsection 2, not more than one license of each class may be issued to any one person during each licensing period.

       2.  If an unexpired license is lost or stolen, the person to whom the license was issued may receive another license of the same class by making application and certifying under oath that the license was lost or stolen and by paying:

       (a) If the application is made to an authorized agent, the annual fee for the license; or

       (b) If the application is made to the [department:] division:

             (1) The annual fee for the license if that fee is less than $5; or

             (2) A fee of $5.

       Sec. 568.  NRS 502.210 is hereby amended to read as follows:

       502.210  A duplicate tag may not be issued except as follows:

       1.  Upon receiving an affidavit of an applicant that a tag previously issued has been lost or destroyed and upon payment of a fee of $5, the [department] division shall issue a duplicate tag to the applicant.

       2.  Upon receiving an affidavit of an applicant that he has not received the tag for which he applied and paid the required fee, the [department] division may, not earlier than 7 days after the date on which the tag was mailed, issue a duplicate tag to the applicant upon payment of a fee of $5.


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ê1995 Statutes of Nevada, Page 605 (Chapter 293, SB 432)ê

 

The provisions of this section do not affect the issuance of a replacement tag pursuant to section 1 of [this act.] chapter 203, Statutes of Nevada 1993.

       Sec. 582.  NRS 502.390 is hereby amended to read as follows:

       502.390  1.  Any:

       (a) Person who develops or maintains an artificial or man-made body of water, other than a body of water maintained for agricultural or recreational purposes, containing chemicals or substances in quantities which, with the normal use of the body of water, causes or will cause the death of any wildlife; or

       (b) Operator of a mining operation which develops or maintains an artificial body of water containing chemicals directly associated with the processing of ore,

must first obtain a permit from the [department] division authorizing the development or maintenance of the body of water.

       2.  Within 30 working days after receiving an application for a permit, the [department] division shall issue the permit or deny the application and list the reasons for denial. An applicant may appeal the denial of a permit to the commission. A permit may be valid for up to 5 years. The commission may establish a fee for a permit of not more than $100 per year.

       3.  Upon the transfer of ownership of any artificial or man-made body of water as to which a permit issued pursuant to this section is in force at the time of the transfer, the permit remains in effect for 30 days after the transfer of ownership.

       4.  A person holding a permit issued pursuant to this section shall, in addition to the fee for the permit, pay to the [department] division an assessment. The amount of the assessment must be determined pursuant to regulations adopted by the commission. The assessment must be no more than $10,000 per year for each permit.

       5.  Any person who fails to obtain a permit or pay an assessment as required by this section and the regulations adopted pursuant thereto or who fails to comply with the provisions of a permit is guilty of a misdemeanor for the first offense and a gross misdemeanor for any subsequent offense.

       6.  As used in this section:

       (a) “Mining operation” means any activity conducted in this state by a person on or beneath the surface of land for the purpose of, or in connection with, the development or extraction of any mineral.

       (b) “Operator” means any person who owns, controls or manages a mining operation.

       Sec. 593.  NRS 503.425 is hereby amended to read as follows:

       503.425  1.  Before a person may use any vacuum or suction dredge equipment in any river, stream or lake of this state, he must submit an application to the [department.] division. The application must be accompanied by a fee of $5 and must specify the type and size of equipment to be used and its location. If the [department] division determines that the operations will not be deleterious to fish it shall issue a permit to the applicant.


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ê1995 Statutes of Nevada, Page 606 (Chapter 293, SB 432)ê

 

       2.  A permit issued pursuant to subsection 1 does not authorize the recipient to use any equipment in any navigable body of water unless the recipient has obtained the appropriate permit for such a use from the state land registrar.

       3.  It is unlawful for any person to:

       (a) Conduct dredging operations without securing a permit pursuant to subsection 1;

       (b) Operate any equipment other than that specified in the permit; or

       (c) Conduct a dredging operation outside the area designated on the permit.

       Sec. 629.  NRS 513.094 is hereby amended to read as follows:

       513.094  1.  An additional fee of $1 per claim is imposed upon all filings to which NRS 517.185 applies. Each county recorder shall collect and pay over the additional fee, and the additional fee must be deposited in the same manner as provided in that section.

       2.  The [executive director] administrator shall, within the limits of the money provided by this fee, establish a program to discover dangerous conditions that result from mining practices which took place at a mine that is no longer operating, identify if feasible the owner or other person responsible for the condition, and rank the conditions found in descending order of danger. He shall annually during the month of January, or more often if the danger discovered warrants, inform each board of county commissioners concerning the dangerous conditions found in the respective counties, including their degree of danger relative to one another and to such conditions found in the state as a whole. He shall further work to educate the public to recognize and avoid those hazards resulting from mining practices which took place at a mine that is no longer operating.

       3.  To carry out this program and these duties, the [executive director] administrator shall employ a qualified assistant, who must be in the unclassified service of the state and whose position is in addition to the unclassified positions otherwise authorized in the [department] division by statute.

       4.  The commission shall provide by regulation:

       (a) Standards for determining which conditions created by the abandonment of a former mine or its associated works constitute a danger to persons or animals and for determining the relative degree of danger. A condition whose existence violates a federal or state statute or regulation intended to protect public health or safety is a danger by virtue of that violation.

       (b) Standards for abating the kinds of dangers usually found, including but not limited to standards for excluding persons and animals from dangerous open excavations.

       Sec. 635.  NRS 517.185 is hereby amended to read as follows:

       517.185  In addition to any recording fee, each filing pursuant to NRS 517.050, 517.080, 517.110, 517.140, 517.170, 517.200 and 517.230 must be submitted with a fee of $1.50 per claim. The county recorder shall collect the fee and, on or before the fifth working day of each month, deposit with the county treasurer all such fees collected during the preceding month.


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ê1995 Statutes of Nevada, Page 607 (Chapter 293, SB 432)ê

 

the preceding month. The county treasurer shall quarterly pay the money collected to the [department of minerals. The department] division of minerals of the department of business and industry. The division shall deposit with the state treasurer, for credit to the account for the [department] division of minerals, all money received pursuant to this section.

       Sec. 674.  NRS 534A.080 is hereby amended to read as follows:

       534A.080  1.  The commission on mineral resources shall impose and collect a fee for examining and filing an application for a permit to drill or operate a geothermal well or to drill an exploratory well. The fee must be deposited with the state treasurer, for credit to the account for the [department] division of minerals created in the state general fund pursuant to NRS 513.103.

       2.  The fee may be based in part on the number of acres of land being used by the person who holds the permit.

       3.  The commission and the [department] division of minerals of the department of business and industry may use the money deposited in the account for the [department] division of minerals pursuant to this section to administer the provisions of this chapter.

       Sec. 697.  NRS 553.090 is hereby amended to read as follows:

       553.090  The agricultural extension department of the public service division of the University and Community College System of Nevada annually shall prepare the information resulting from the demonstration in a form serviceable to aid and advance agricultural welfare of the state. A number of copies thereof as may be deemed necessary, not exceeding 10,000, must be printed by the state printing and micrographics division of the department of [general services] administration for free distribution.

       Sec. 739.  NRS 555.410 is hereby amended to read as follows:

       555.410  The [executive director] administrator may, in cooperation with the University and Community College System of Nevada, publish information regarding injury which may result from improper application or handling of pesticides and methods and precautions designed to prevent such an injury.

       Sec. 777.  NRS 561.344 is hereby amended to read as follows:

       561.344  1.  The livestock inspection account is hereby created in the state general fund for the use of the [department.] division.

       2.  The following special taxes, fees and other money must be deposited in the livestock inspection account:

       (a) All special taxes on livestock as provided by law, except the assessment collected pursuant to NRS 565.075 and any tax levied pursuant to NRS 575.070.

       (b) Fees and other money collected pursuant to the provisions of chapter 564 of NRS.

       (c) Fees collected pursuant to the provisions of chapter 565 of NRS.

       (d) Unclaimed proceeds from the sale of estrays by the [department] division pursuant to NRS 569.010 to 569.130, inclusive, or proceeds required to be deposited in the livestock inspection account pursuant to a cooperative agreement established pursuant to section 2 of [this act.]


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ê1995 Statutes of Nevada, Page 608 (Chapter 293, SB 432)ê

 

cooperative agreement established pursuant to section 2 of [this act.] chapter 171, Statutes of Nevada 1993.

       (e) Fees collected pursuant to chapter 573 of NRS.

       (f) Fees collected pursuant to chapter 576 of NRS.

       (g) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of livestock, as authorized by NRS 561.305, and as are necessary pursuant to chapter 571 of NRS.

       3.  Expenditures from the livestock inspection account must be made only for carrying out the provisions of chapters 564, 569, 571, 573 and 576 of NRS, and the provisions of this chapter.

       4.  The interest and income earned on the money in the livestock inspection account, after deducting any applicable charges, must be credited to the account.

       Sec. 824.  NRS 569.010 is hereby amended to read as follows:

       569.010  1.  Except as otherwise provided by law, all estrays within this state shall be deemed for the purpose of this section to be the property of the [department.] division.

       2.  The [department] division has all rights accruing pursuant to the laws of this state to owners of such animals, and may:

       (a) Dispose of estrays by sale through an agent appointed by the [department;] division; or

       (b) Provide for the control, placement or disposition of estrays through cooperative agreements pursuant to section 2 of [this act.] chapter 171, Statutes of Nevada 1993.

       3.  Except as otherwise provided by law, all money collected for the sale or for the injury or killing of any such animals must be held for 1 year, subject to the claim of any person who can establish legal title to any animal concerned. All money remaining unclaimed must be deposited in the livestock inspection account after 1 year. The [department] division deems the claims illegal or not showing satisfactory evidence of title.

       4.  The [department] division is not liable for any trespass or other damage caused by any of such estrays.

       Sec. 826.  NRS 569.040 is hereby amended to read as follows:

       569.040  Except as otherwise provided in NRS 569.040 to 569.130, inclusive, or pursuant to a cooperative agreement established pursuant to section 2 of [this act,] chapter 171, Statutes of Nevada 1993, it is unlawful for any person or his employees or agents, other than an authorized agent of the [department,] division, to take up any estray and retain possession of it.

       Sec. 830.  NRS 569.080 is hereby amended to read as follows:

       569.080  1.  If an estray is not claimed within 10 days after the last publication of the advertisement required by NRS 569.070, it must be:

       (a) Sold by the [department;] division; or

       (b) Given a placement or other disposition through a cooperative agreement established pursuant to section 2 of [this act.] chapter 171, Statutes of Nevada 1993.

       2.  If the [department] division sells the estray, the [department] division shall give a bill of sale to the purchaser.


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ê1995 Statutes of Nevada, Page 609 (Chapter 293, SB 432)ê

 

       Sec. 831.  NRS 569.090 is hereby amended to read as follows:

       569.090  1.  Except as otherwise provided pursuant to a cooperative agreement established pursuant to section 2 of [this act, the department] chapter 171, Statutes of Nevada 1993, the division shall:

       (a) Pay the reasonable expenses incurred in taking up, holding, advertising and selling the estray, and any damages for trespass allowed pursuant to NRS 569.440, and shall place the balance in a savings account in a bank qualified to receive deposits of public money. The proceeds from the sale and any interest on those proceeds, which are not claimed pursuant to subsection 2 within 1 year after the sale, must be deposited in the state treasury for credit to the livestock inspection account.

       (b) Make a complete record of the transaction, including the marks and brands and other means of identification of the estray, which record must be open to the inspection of the public.

       2.  If the lawful owner of the estray is found within 1 year after its sale and proves ownership to the satisfaction of the [department,] division, the net amount received from the sale must be paid to the owner.

       3.  If any claim pending after the expiration of 1 year after the date of sale is denied, the proceeds and any interest thereon must be deposited in the livestock inspection account.

       Sec. 871.  NRS 575.090 is hereby amended to read as follows:

       575.090  1.  There is hereby created in each county a committee for assessing livestock composed of:

       (a) Two persons who own livestock in the county and who are appointed by the state board of agriculture;

       (b) One person who owns sheep in the county and who is appointed by the board or, if there is no owner of sheep in the county, another person who owns livestock in the county who is appointed by the state board of agriculture;

       (c) A brand inspector who is designated by the [director] administrator of the [department;] division; and

       (d) The county assessor or a person designated by him.

       2.  Except as otherwise provided in this subsection, the term of each member is 2 years, and any vacancy must be filled by appointment for the unexpired term. The term of the county assessor expires upon the expiration of the term of his office. A person designated by the county assessor serves at the pleasure of the county assessor. The brand inspector serves at the pleasure of the [director of the department.] administrator of the division.

       3.  While engaged in official business of the committee for assessing livestock, each member of the committee is entitled to:

       (a) A salary not exceeding $60 per day for attending meetings or performing other official business, to be paid from any money available to the [department.] division.

       (b) The per diem allowance and travel expenses fixed for state officers and employees.

       Sec. 901.  NRS 581.500 is hereby amended to read as follows:


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ê1995 Statutes of Nevada, Page 610 (Chapter 293, SB 432)ê

 

       581.500  1.  The council, consisting of seven members appointed by the governor, is hereby created within the [state department of agriculture.] division of agriculture of the department of business and industry.

       2.  The governor shall appoint:

       (a) One member from business.

       (b) One member from the engineering profession.

       (c) One member from a trade organization.

       (d) One member from industry.

       (e) One member from a labor organization.

       (f) One member from the faculty of a university in the University and Community College System of Nevada.

       (g) One member from the faculty of a public elementary or secondary school.

       Sec. 904.  NRS 583.055 is hereby amended to read as follows:

       583.055  1.  The [state department of agriculture] division of agriculture of the department of business and industry shall establish a program for grading and certifying meats, prepared meats and meat products in conformity with federal practice.

       2.  The [department] division may enter into cooperative agreements with the Agricultural Marketing Service of the United States Department of Agriculture and the college of agriculture of the University of Nevada, Reno, and adopt appropriate regulations to carry out the program.

       3.  The [department] division may establish fees, to be collected from slaughtering or other processing operations, for the purpose of grading and certifying meats, prepared meats and meat products.

       Sec. 918.  NRS 586.270 is hereby amended to read as follows:

       586.270  1.  A registrant shall pay an annual registration fee in an amount fixed by the [executive director] administrator not to exceed $50 for each pesticide registered.

       2.  The [executive director] administrator shall deposit in a separate account not more than $25 of each annual registration fee he collects. The money deposited in the account must be used only for the disposal of pesticides. The [executive director] administrator shall fix, by regulation, the amount of each registration fee which must be deposited in the account.

       3.  A registrant who offers a pesticide for sale before registration of the pesticide shall pay an amount equal to twice the registration fee for registration of the pesticide.

       Sec. 930.  NRS 586.406 is hereby amended to read as follows:

       586.406  1.  It is unlawful for any person to sell or offer to sell at the retail level or distribute or deliver for transportation for delivery to the consumer or user a pesticide classified for restricted use pursuant to NRS 586.401 or the Federal Environmental Pesticide Control Act (7 U.S.C. §§ 136 et seq.) without first being registered with the [executive director.] administrator.

       2.  Each person applying for registration must provide a statement including:

       (a) The name and address of the person registering; and


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ê1995 Statutes of Nevada, Page 611 (Chapter 293, SB 432)ê

 

       (b) The name and address of any person who, on behalf of the person registering, sells, offers to sell, distributes or delivers for transportation a restricted-use pesticide.

       3.  All registrations expire on December 31 and are renewable annually.

       4.  Each person registering shall pay:

       (a) An annual registration fee of $10; and

       (b) A penalty fee of $5 if his previous registration has expired by the failure to reregister on or before February 1, unless his registration is accompanied by a signed statement that no person named on the registration statement has sold or distributed any restricted-use pesticides during the period of the year during which the registration was not in effect.

       5.  All persons registered shall maintain and keep for a period of 2 years a record of all sales of restricted-use pesticides showing:

       (a) The date of sale or delivery;

       (b) The name and address of the person to whom sold or delivered;

       (c) The brand name of the pesticide product;

       (d) The amount of pesticide product sold or delivered;

       (e) The certification number of the certified applicator who is applying or supervising the application of the pesticide if the purchaser of the pesticide is not certified to apply the pesticide; and

       (f) Such other information as may be required by the [executive director.] administrator.

       6.  Each person registered pursuant to this section shall, on or before the 15th day of each month, file a report with the [executive director] administrator of restricted-use pesticides sold during the previous month. The [executive director] administrator shall provide the form for the report. The form must be filed even if the person did not sell any pesticides during the previous month.

       Sec. 1003.  NRS 598.850 is hereby amended to read as follows:

       598.850  1.  Each organization shall deposit with the commissioner:

       (a) 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 organization is the obligor and issued by a bank whose deposits are federally insured; or

       (c) A certificate of deposit in a federally insured financial institution, doing business in this state, which may be withdrawn only on the order of the commissioner, except that interest may accrue to the organization.

       2.  The amount of the bond, letter of credit or certificate of deposit must be $50,000, and it must be conditioned on compliance by the owner with the provisions of NRS 598.840 to 598.930, inclusive, and the terms of the contract with the buyer. Any buyer who is injured because of a breach of contract or bankruptcy may bring and maintain an action to recover against the bond, letter of credit or certificate of deposit.

       3.  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, and does not include treble damages allowed by NRS 598.920.


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ê1995 Statutes of Nevada, Page 612 (Chapter 293, SB 432)ê

 

If the amount claimed exceeds the amount of the bond, the surety shall deposit the amount of the bond with the commissioner.

       4.  The consumer affairs division of the department of business and industry may bring an action for interpleader against all claimants upon the security. If it does so, the division must publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county where the organization has its principal place of business. The consumer affairs division is entitled to deduct its costs of the action, including publication costs, from the amount of the security. Claims against the security have equal priority. If the security is insufficient to pay the claims in full, they must be paid pro rata. In the case of a bond, the surety is then relieved of all liability under the bond.

       5.  The consumer affairs division may, in lieu of bringing an action for interpleader pursuant to subsection 4, conduct a hearing to determine the distribution of the security to claimants. The consumer affairs division shall adopt regulations to provide for adequate notice and the conduct of the hearing. Distribution pursuant to this subsection relieves the surety of all liability under the bond.

       6.  The organization shall maintain the bond in full force while it is doing business and shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the consumer affairs division of the department of business and industry during business hours. The organization shall notify the commissioner 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 commissioner.

       7.  The commissioner may apply for injunctive relief to require the organization to deposit and maintain the security required by this section.

       Sec. 1006.  NRS 599B.010 is hereby amended to read as follows:

       599B.010  As used in this chapter, unless the context otherwise requires.

       1.  “Chance promotion” means any plan in which premiums are distributed by random or chance selection.

       2.  “Commissioner” means the commissioner of consumer affairs.

       3.  “Division” means the consumer affairs division of the department of [commerce.] business and industry.

       4.  “Goods or services” means any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value.

       5.  “Premium” includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase.

       6.  “Purchaser” or “prospective purchaser” means a person who is solicited to become or does become obligated to a seller.

       7.  “Salesman” means any person:

       (a) Employed or authorized by a seller to sell, or to attempt to sell, goods or services by telephone;

       (b) Retained by a seller to provide consulting services relating to the management or operation of the seller’s business; or


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ê1995 Statutes of Nevada, Page 613 (Chapter 293, SB 432)ê

 

       (c) Who communicates on behalf of a seller with a prospective purchaser:

             (1) In the course of a solicitation by telephone; or

             (2) For the purpose of verifying, changing or confirming an order, except that a person is not a salesman if his only function is to identify a prospective purchaser by name only and he immediately refers the purchaser to a salesman.

       8.  Except as otherwise provided in subsection 9, “seller” means any person who, on his own behalf, causes or attempts to cause a solicitation by telephone to be made through the use of one or more salesmen or any automated dialing announcing device under any of the following circumstances:

       (a) The person initiates contact by telephone with a prospective purchaser and represents or implies:

             (1) That a prospective purchaser who buys one or more goods or services will receive additional goods or services, whether or not of the same type as purchased, without further cost, except for actual postage or common carrier charges;

             (2) That a prospective purchaser will or has a chance or opportunity to receive a premium;

             (3) That the items for sale are gold, silver or other precious metals, diamonds, rubies, sapphires or other precious stones, or any interest in oil, gas or mineral fields, wells or exploration sites or any other investment opportunity; or

             (4) That offered for sale is information or opinions relating to sporting events;

       (b) The solicitation by telephone is made by the person in response to inquiries from a prospective purchaser generated by a notification or communication sent or delivered to the prospective purchaser that represents or implies:

             (1) That the prospective purchaser has been in any manner specially selected to receive the notification or communication or the offer contained in the notification or communication;

             (2) That the prospective purchaser will receive a premium if the recipient calls the person; or

             (3) That if the prospective purchaser buys one or more goods or services from the person, the prospective purchaser will also receive additional or other goods or services, whether or not the same type as purchased, without further cost or at a cost that the person represents or implies is less than the regular price of the goods or services; or

       (c) The solicitation by telephone is made by the person in response to inquiries generated by advertisements that represent or imply that the person is offering to sell any:

             (1) Gold, silver or other metals, including coins, diamonds, rubies, sapphires or other stones, coal or other minerals or any interest in oil, gas or other mineral fields, wells or exploration sites, or any other investment opportunity; or

             (2) Information or opinions relating to sporting events.

       9.  “Seller” does not include:


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ê1995 Statutes of Nevada, Page 614 (Chapter 293, SB 432)ê

 

       (a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales or purchases within the scope of his license.

       (b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or 696A of NRS when soliciting sales within the scope of his license.

       (c) A person licensed as an insurance broker, agent or solicitor when soliciting sales within the scope of his license.

       (d) A person soliciting the sale of a newspaper or magazine of general circulation or any solicitation of sales made by the publisher of such a newspaper or magazine or by an agent of the publisher pursuant to a written agreement.

       (d) A broadcaster soliciting sales who is licensed by any state or federal authority, if the solicitation is within the scope of the broadcaster’s license.

       (f) A nonprofit organization when soliciting sales if no part of the net earnings from the sales inures to the benefit of any private shareholder or other person.

       (g) A public utility or motor carrier which is regulated pursuant to chapter 704 or 706 of NRS, or by an affiliate of such a utility or motor carrier, if the solicitation is within the scope of its certificate or license.

       (h) A utility which is regulated pursuant to chapter 710 of NRS, or by an affiliate of such a utility.

       (i) A person soliciting the sale of books, recordings, video cassettes or similar items through an organization whose method of sales is governed by the regulations of the Federal Trade Commission relating to the use of negative option plans by sellers in commerce, including the use of continuity plans, subscription arrangements, arrangements for standing orders, supplements, and series arrangements under which the person periodically ships merchandise to a prospective purchaser who has consented in advance to receive the merchandise on a periodic basis and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received.

       (j) A person who solicits sales by periodically publishing and delivering a catalog to prospective purchasers, if the catalog:

             (1) Contains a written description or illustration of each item offered for sale and the price of each item;

             (2) Includes the business address of the person;

             (3) Includes at least 100 pages of written material and illustrations;

             (4) Is distributed in more than one state; and

             (5) Has an annual circulation by mailing of not less than 250,000.

       (k) A person soliciting without the intent to complete and who does not complete, the sales transaction by telephone but completes the sales transaction at a later face-to-face meeting between the solicitor and the prospective purchaser, if the person, after soliciting a sale by telephone, does not cause another person to collect the payment from or deliver any goods or services purchased to the prospective purchaser.

       (l) Any commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer subject to regulation by an official or agency of this state or of the United States, if the solicitation is within the scope of the certificate or license held by the entity.


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ê1995 Statutes of Nevada, Page 615 (Chapter 293, SB 432)ê

 

to regulation by an official or agency of this state or of the United States, if the solicitation is within the scope of the certificate or license held by the entity.

       (m) A person holding a certificate of authority issued pursuant to chapter 452 of NRS when soliciting sales within the scope of the certificate.

       (n) A person licensed pursuant to chapter 689 of NRS when soliciting sales within the scope of his license.

       (o) A person soliciting the sale of services provided by a community antenna television company subject to regulation pursuant to chapter 711 of NRS.

       (p) A person soliciting the sale of agricultural products, if the solicitation is not intended to and does not result in a sale of more than $100. As used in this paragraph, “agricultural products” has the meaning ascribed to it in NRS 587.290.

       (q) A person who has been operating, for at least 2 years, a retail business establishment under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis:

             (1) Goods are displayed and offered for sale or services are offered for sale and provided at the person’s business establishment; and

             (2) At least 50 percent of the person’s business involves the buyer obtaining such goods or services at the person’s business establishment.

       (r) A person soliciting only the sale of telephone answering services to be provided by the person or his employer.

       (s) A person soliciting a transaction regulated by the Commodity Futures Trading Commission, if:

             (1) The person is registered with or temporarily licensed by the Commission to conduct that activity pursuant to the Commodity Exchange Act (7 U.S.C. §§ 1 et seq.); and

             (2) The registration or license has not expired or been suspended or revoked.

       (t) A person who contracts for the maintenance or repair of goods previously purchased from the person:

             (1) Making the solicitation; or

             (2) On whose behalf the solicitation is made.

       (u) A person to whom a nonrestricted gaming license, which is current and valid, has been issued pursuant to chapter 463 of NRS when soliciting sales within the scope of his license.

       (v) A person who solicits a previous customer of the business on whose behalf the call is made if the person making the call:

             (1) Does not offer the customer any premium in connection with the sale;

             (2) Is not selling an investment or an opportunity for an investment that is not registered with any state of federal authority; and

             (3) Is not regularly engaged in telephone sales.

       (w) A person who solicits the sale of livestock.

       (x) An issuer or wholly owned subsidiary of an issuer which has a security that is listed on the New York Stock Exchange.

       Sec. 1039.  NRS 612.265 is hereby amended to read as follows:


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ê1995 Statutes of Nevada, Page 616 (Chapter 293, SB 432)ê

 

       612.265  1.  Except as otherwise provided in this section, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

       2.  Any claimant or his legal representative is entitled to information from the records of the [employment security department,] division, to the extent necessary for the proper presentation of his claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the [employment security department] division for any other purpose.

       3.  Subject to such restrictions as the [executive director] administrator may by regulation prescribe, the information obtained by the [employment security department] division may be made available to:

       (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of an unemployment compensation law, public assistance law, workman’s compensation or labor law, or the maintenance of a system of public employment offices;

       (b) Any state or local agency for the enforcement of child support;

       (c) The Internal Revenue Service of the Department of the Treasury; [and]

       (d) The department of taxation; and

       (e) The state contractors’ board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

       4.  The [executive director] administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons obtain employment or will be generally useful in developing and diversifying the economic interests of this state. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this state, the [executive director] administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The [executive director] administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The [executive director] administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

       5.  Upon request therefore the [executive director] administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.


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ê1995 Statutes of Nevada, Page 617 (Chapter 293, SB 432)ê

 

furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

       6.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the [executive director] administrator that he furnish, from the records of the [employment security department,] division, the name, address and place of employment of any person listed in the records of employment of the [department.] division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the [executive director] administrator shall furnish the information requested. He may charge a fee to cover the actual costs of any related administrative expenses.

       7.  The provisions of subsection 4 notwithstanding, the [executive director] administrator shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for use in verifying returns for the business tax. The [executive director] administrator may charge a fee to cover the actual costs of any related administrative expenses.

       8.  The manager of the state industrial insurance system shall submit to the [executive director] administrator a list of each person who received benefits pursuant to chapter 616 or 617 of NRS during the preceding month and request that he compare the information so provided with the records of the [employment security department] division regarding persons claiming benefits pursuant to chapter 612 of NRS for the same period. The information submitted by the manager must be in a form determined by the [executive director] administrator and must contain the social security number of each such person. Upon receipt of such a request, the [executive director] administrator shall make such a comparison and provide to the manager a list of the name, address and social security number of each person who appears, from the information submitted, to be simultaneously claiming benefits under chapter 612 of NRS and under chapter 616 or 617 of NRS. The [executive director] administrator shall charge a fee to cover the actual costs of any related administrative expenses. The manager shall use the information obtained pursuant to this subsection only to further a current investigation. The manager shall not disclose the information for any other purpose.

       9.  The [executive director] administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.


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ê1995 Statutes of Nevada, Page 618 (Chapter 293, SB 432)ê

 

       10.  If any employee or member of the board of review or the [executive director] administrator or any employee of the [executive director,] administrator, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he is guilty of a gross misdemeanor.

       11.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the [employment security department] division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

       Sec. 1054.  NRS 612.375 is hereby amended to read as follows:

       612.375  1.  Except as otherwise provided in subsection 2 of NRS 612.3774, an unemployed person is eligible to receive benefits with respect to any week only if the [executive director] administrator finds that:

       (a) He has registered for work at, and thereafter has continued to report at, an office of the [employment security department] division in such a manner as the [executive director] administrator prescribes, except that the [executive director] administrator may by regulation waive or alter either or both of the requirements of this paragraph for persons attached to regular jobs and in other types of cases or situations with respect to which he finds that compliance with those requirements would be oppressive or inconsistent with the purposes of this chapter.

       (b) He has made a claim for benefits in accordance with the provisions of NRS 612.450 and 612.455.

       (c) He is able to work, and is available for work, but no claimant may be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this paragraph if his failure is because of an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable before the beginning of the illness and disability. No otherwise eligible person may be denied benefits for any week in which he is engaged in training approved pursuant to 19 U.S.C. § 2296 or by the [executive director] administrator by reason of any provisions of this chapter relating to availability for work or failure to apply for, or a refusal to accept, suitable work.

       (d) He has within his base period been paid wages from employers:

             (1) Equal to or exceeding 1 1/2 times his total wages for employment by employers during the quarter of his base period in which his total wages were highest; or

             (2) In each of at least three of the four quarters in his base period. If a person fails to qualify for a weekly benefit amount of one twenty-fifth of his high-quarter wages but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his high-quarter wages, his weekly benefit amount must be $1 less than one twenty-fifth of his high-quarter wages.


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ê1995 Statutes of Nevada, Page 619 (Chapter 293, SB 432)ê

 

weekly benefit amount must be $1 less than one twenty-fifth of his high-quarter wages. No person may receive benefits in a benefit year unless, after the beginning of the next preceding benefit year during which he received benefits, he performed service, whether or not in “employment” as defined in this chapter and earned remuneration for that service in an amount equal to not less than 3 times his basic weekly benefit amount as determined for the next preceding benefit year.

       2.  For any week in which a claimant receives any pension or other payment for retirement, including a governmental or private pension, annuity or other, similar periodic payment, except as otherwise provided in subsection 3 the amount payable to the claimant under a plan maintained by a base-period employer or an employer whose account is chargeable with benefit payments must:

       (a) Not be reduced by the amount of the pension or other payment if the claimant made any contribution to the pension or retirement plan; or

       (b) Be reduced by the entire proportionate weekly amount of the pension or other payment if the employer contributed the entire amount to the pension or retirement plan.

       3.  The amount of the weekly benefit payable to a claimant must not be reduced by the pension offset in subsection 2 if the services performed by the claimant during the base period, or the compensation he received for those services, from that employer did not affect the claimant’s eligibility for, or increase the amount of, the pension or other payment, except for a pension paid pursuant to the Social Security Act or Railroad Retirement Act of 1974, or the corresponding provisions of prior law, which is not eligible for the exclusion provided in this subsection and is subject to the offset provisions of subsection 2.

       Sec. 1057.  NRS 612.3774 is hereby amended to read as follows:

       612.3774  A person is eligible to receive extended benefits for any week of unemployment in his eligibility period only if the [executive director] administrator finds that with respect to [such] that week:

       1.  He is an “exhaustee”;

       2.  He has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to persons claiming extended benefits, except that, for the purposes of paragraph (d) of subsection 1 of NRS 612.375, a person is eligible to receive extended benefits with respect to any week only if the [executive director] administrator finds that the person has within his base period:

       (a) Been paid wages from employers equal to or exceeding 1 1/2 times his total wages for employment by employers during the quarter of his base period in which his total wages were highest;

       (b) Been paid wages from employers equal to or exceeding 40 times his most recent weekly benefit amount; or

       (c) Twenty weeks of full-time employment subject to this chapter; and

       3.  He was not disqualified for benefits during the period for which he claimed regular benefits because he voluntarily left work, was discharged for misconduct or failed to apply for or accept suitable work, or if he was so disqualified, he thereafter regained his qualification pursuant to subsection 1 of NRS 612.380 or NRS 612.385 or 612.390.


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ê1995 Statutes of Nevada, Page 620 (Chapter 293, SB 432)ê

 

if he was so disqualified, he thereafter regained his qualification pursuant to subsection 1 of NRS 612.380 or NRS 612.385 or 612.390. The provisions of this subsection do not apply for weeks of unemployment where prohibited by federal law.

       Sec. 1093.  NRS 612.601 is hereby amended to read as follows:

       612.601  1.  All payments collected pursuant to NRS 612.602 must be deposited in the unemployment compensation administration fund.

       2.  The [executive director shall] administrator may only expend the money collected for the employment of claimants to:

       (a) Establish and administer an employment training program which must foster job creation, minimize unemployment costs of employers and meet the needs of employers for skilled workers by providing training to unemployment compensation claimants; and

       (b) Pay the costs of the collection of payments required pursuant to NRS 612.602.

       3.  The money used for the program for the employment of claimants must supplement and not displace money available through existing employment training programs conducted by any employer or public agency and must not replace, parallel, supplant, compete with or duplicate in any way existing apprenticeship programs approved by the state apprenticeship council.

       Sec. 1130.  NRS 616.027 is hereby amended to read as follows:

       616.027  1.  Except as otherwise provided in subsection 3, “average monthly wage” means the lesser of:

       (a) The monthly wage actually received or deemed to have been received by the employee on the date of the accident or injury to the employee, excluding remuneration from employment:

             (1) Not subject to the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act; and

             (2) For which coverage is elective, but has not been elected; or

       (b) One hundred fifty percent of the state average weekly wage as most recently computed by the employment security division of the department of employment, training and rehabilitation during the fiscal year preceding the date of the injury or accident, multiplied by 4.33.

       2.  For the purposes of subsection 1:

       (a) The date of the accident or injury to the employee must be determined pursuant to NRS 616.625.

       (b) “Wage”:

             (1) Does not include any amount paid by an employer for health insurance that covers an employee or his dependents, or both.

             (2) Is increased by the amount of tips reported by an employee to his employer pursuant to 26 U.S.C. § 6053(a), except:

             (I) Tips in a form other than cash; and

             (II) Tips in cash which total less than $20 per month.

       3.  For the purpose of increasing compensation for permanent total disability pursuant to NRS 616.6262 or increasing death benefits pursuant to NRS 616.6282, “average monthly wage” has the meaning shown in the following schedule:


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

ê1995 Statutes of Nevada, Page 621 (Chapter 293, SB 432)ê

 

                                                                                  Average Monthly Wage

       Effective Date                                                         for Prior Fiscal Year

 

July 1, 1973................................................................        $688.60

July 1, 1974................................................................          727.48

July 1, 1975................................................................          761.47

July 1, 1976................................................................          807.33

July 1, 1977................................................................          858.29

July 1, 1978................................................................          918.05

July 1, 1979................................................................          992.31

July 1, 1980................................................................       1,061.24

       Sec. 1134.  NRS 616.1701 is hereby amended to read as follows:

       616.1701  1.  The state industrial insurance system is hereby established as an independent actuarially funded system for the purpose of insuring employers against liability for injuries and occupational diseases for which their employees may be entitled to benefits under this chapter or chapter 617 of NRS, and the federal Longshoremen’s and Harbor Workers’ Compensation Act.

       2.  The system is a public agency which administers and is supported by the state insurance fund. The executive and legislative departments of the state government shall regularly review the system.

       3.  The system is entitled to use any services provided to state agencies, and [must] shall use the services of the purchasing division of the department of [general services.] administration. The system is not required to use the services provided by any other state agency. Except as otherwise provided for specified positions, its employees are in the classified service of the state.

       4.  The official correspondence and records, including financial records, other than the files of individual claimants and policyholders, and the minutes and books of the system are public records and must be available for public inspection.

       Sec. 1138.  NRS 616.192 is hereby amended to read as follows:

       616.192  1.  Except as otherwise provided in this section and in NRS 616.193 and 616.550, information obtained from any employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s identity.

       2.  Any claimant or his legal representative is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under this chapter.

       3.  The [department] division and administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The manager may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:

       (a) Any agency of this or any other state charged with the administration or enforcement of workers’ compensation law, unemployment compensation law, public assistance law or labor law;

       (b) Any state or local agency for the enforcement of child support;


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ê1995 Statutes of Nevada, Page 622 (Chapter 293, SB 432)ê

 

       (c) The Internal Revenue Service of the Department of the Treasury; [and]

       (d) The department of taxation; and

       (e) The state contractors’ board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Information obtained in connection with the administration of a workers’ compensation program may be made available to persons or agencies for purposes appropriate to the operation of a workers’ compensation program.

       4.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the manager that he furnish from the records of the insurer, the name, address and place of employment of any person listed in the records of the insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the manager shall furnish the information requested. He may charge a reasonable fee to cover any related administrative expenses.

       5.  The manager shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for its use in verifying returns for the business tax. The manager may charge a reasonable fee to cover any related administrative expenses.

       6.  If the manager or any employee of the manager, in violation of this section, discloses information obtained from files of claimants or policyholders, or if any person who has obtained a list of claimants or policyholders under this chapter uses or permits the use of the list for any political purposes, he is guilty of a gross misdemeanor.

       7.  All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

       Sec. 1153.  NRS 616.377 is hereby amended to read as follows:

       616.377  1.  An employee may receive compensation from the uninsured employers’ claim fund if:

       (a) He was hired in this state or he is regularly employed in this state;

       (b) He suffers an accident or injury in this state which arises out of and in the course of his employment;

       (c) He files a claim for compensation with the system pursuant to section 12 of [this act;] chapter 265, Statutes of Nevada 1993;

       (d) He files written notice with the division; and

       (e) He makes an irrevocable assignment to the division of a right to be subrogated to the rights of the injured employee pursuant to NRS 616.560.


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ê1995 Statutes of Nevada, Page 623 (Chapter 293, SB 432)ê

 

       2.  If the system receives a claim pursuant to subsection 1, the system shall immediately:

       (a) Notify the employer of the claim; and

       (b) Deliver to the division any evidence regarding the claim and any evidence indicating that the employer was uninsured.

       3.  For the purposes of this section, the employer has the burden of proving that he provided mandatory industrial insurance coverage for the employee or that he was not required to maintain industrial insurance for the employee.

       4.  Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on his behalf, including any benefits, administrative costs or attorney’s fees paid from the uninsured employers’ claim fund or incurred by the division . [or department.]

       5.  The division:

       (a) May recover from the employer the payments made by the division [or department] that are described in subsection 4 and any accrued interest by bringing a civil action in district court.

       (b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the employee’s injury.

       (c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.

       (d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.

       6.  The division shall:

       (a) Determine whether the employer was insured within 30 days after receiving notice of the claim from the employee.

       (b) Assign the claim to the system for administration of the claim, payment of benefits and reimbursement of costs of administration and benefits paid to the system.

Upon determining that a claim is invalid, the system shall notify the claimant, the named employer and the division that the claim will not be assigned for benefits from the uninsured employers’ claim fund.

       7.  Any party aggrieved by a decision regarding the administration of an assigned claim or a decision made by the division or by the system regarding any claim made pursuant to this section may appeal that decision within 60 days after the decision is rendered to the hearings division of the department of administration in the manner provided by NRS 616.5412 to 616.544, inclusive, and section 79 of [this act.] chapter 265, Statutes of Nevada 1993.

       8.  All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.

       9.  An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers’ claim fund. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.


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ê1995 Statutes of Nevada, Page 624 (Chapter 293, SB 432)ê

 

bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.

       10.  Attorney’s fees recoverable by the division pursuant to this section must be:

       (a) If a private attorney is retained by the [department,] division, paid at the usual and customary rate for that attorney.

       (b) If the attorney is an employee of the [department,] division, paid at the rate established by regulations adopted by the [department.] division.

Any money collected must be deposited to the uninsured employers’ claim fund.

       11.  In addition to any other liabilities provided for in this section, the administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of this chapter.

       Sec. 1155.  NRS 616.412 is hereby amended to read as follows:

       616.412  1.  All fees and charges for accident benefits must not:

       (a) Exceed the fees and charges usually paid in the state for similar treatment.

       (b) Be unfairly discriminatory as between persons legally qualified to provide the particular service for which the fees or charges are asked.

       2.  The [director] administrator shall, giving consideration to the fees and charges being paid in the state, establish a schedule of reasonable fees and charges allowable for accident benefits provided to injured employees whose insurers have not contracted with an organization for managed care pursuant to section 74 of [this act. The director] chapter 265, Statutes of Nevada 1993. The administrator shall review and revise the schedule on or before October 1 of each year. The [director] administrator may increase or decrease the schedule, but shall not increase the schedule by any factor greater than the corresponding annual increase in the Consumer Price Index (Medical Care Component), unless the advisory council of the [department] division approves such an increase.

       3.  The [director] administrator may request a health insurer, health maintenance organization or provider of accident benefits, an agent or employee of such a person, or an agency of the state, to provide the [director] administrator with such information concerning fees and charges paid for similar services as he deems necessary to carry out the provisions of subsection 2. the [director] administrator shall require a person or entity providing records or reports of fees charged to provide interpretation and identification concerning the information delivered. The [director] administrator may impose an administrative fine of $500 for each refusal to provide the information requested pursuant to this subsection.

       4.  The [department] division may adopt reasonable regulations necessary to carry out the provisions of this section. The regulations must include provisions concerning:


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ê1995 Statutes of Nevada, Page 625 (Chapter 293, SB 432)ê

 

       (a) Standards for the development of the schedule of fees and charges;

       (b) The periodic revision of the schedule; and

       (c) The monitoring of compliance by providers of benefits with the adopted schedule of fees and charges.

       5.  The [department] division shall adopt regulations requiring the utilization of a system of billing codes as recommended by the American Medical Association.

       Sec. 1157.  NRS 616.423 is hereby amended to read as follows:

       616.423  1.  There is hereby established in the state treasury the fund for workers’ compensation and safety as a special revenue fund. All money received from assessments levied on insurers and employers by the [director] administrator pursuant to NRS 232.680 must be deposited in this fund.

       2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the [department] division for functions supported in whole or in part from the fund must be delivered to the custody of the state treasurer for deposit to the credit of the fund.

       3.  All money and securities in the fund must be used to defray all costs and expenses of administering the program of workmen’s compensation, including the payment of:

       (a) All salaries and other expenses in administering the division of industrial [insurance regulation, the division of administrative services, the division of enforcement for industrial safety and health, the division of preventative safety and the division of mine inspection,] relations, including the costs of the office and staff of the [director.] administrator.

       (b) All salaries and other expenses of administering NRS 616.253 to 616.2539, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner of insurance.

       (c) Claims against uninsured employers arising from compliance with NRS 616.377 and 617.275.

       4.  The state treasurer may disburse money from the fund only upon written order of the state controller.

       5.  The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.

       6.  The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any insurer or employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

       Sec. 1160.  NRS 616.437 is hereby amended to read as follows:

       616.437  1.  There is hereby established as a trust fund in the state treasury the uninsured employers’ claim fund, which may be used only for the purpose of making payments in accordance with the provisions of NRS 616.377 and 617.275. The administrator shall administer the fund and shall credit any excess money toward the assessments of the insurers for the succeeding years.


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ê1995 Statutes of Nevada, Page 626 (Chapter 293, SB 432)ê

 

       2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the uninsured employers’ claim fund must be delivered to the custody of the state treasurer.

       3.  All money and securities in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers’ compensation.

       4.  The state treasurer may disburse money from the fund only upon written order of the state controller.

       5.  The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest money of the state general fund. Income realized from the investment of the assets of the fund must be credited to the fund.

       6.  The [director must] administrator shall adopt regulations for the establishment and administration of assessment rates, payments and penalties, based upon expected annual expenditures for claims. Assessment rates must reflect the relative hazard of the employments covered by the insurers, and must be based upon expected annual expenditures for claims.

       7.  The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any insurer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

       Sec. 1162.  NRS 616.535 is hereby amended to read as follows:

       616.535  1.  Any employee who is entitled to receive compensation under this chapter shall, if:

       (a) Requested by the insurer; or

       (b) Ordered by an appeals officer or a hearing officer,

submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the [department.] division.

       2.  If the insurer has reasonable cause to believe that an injured employee who is receiving compensation for a permanent total disability is no longer disabled, the insurer may request the employee to submit to an annual medical examination to determine whether the disability still exists. The insurer shall pay the costs of the examination.

       3.  The request or order for an examination must fix a time and place therefor, with due regard for the nature of the medical examination, the convenience of the employee, his physical condition and his ability to attend at the time and place fixed.

       4.  The employee is entitled to have a physician or chiropractor, provided and paid for by him, present at any such examination.

       5.  If the employee refuses to submit to an examination ordered or requested pursuant to subsection 1 or 2 or obstructs the examination, his right to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension.

       6.  Any physician or chiropractor who makes or is present at any such examination may be required to testify as to the result thereof.


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ê1995 Statutes of Nevada, Page 627 (Chapter 293, SB 432)ê

 

       Sec. 1165.  NRS 616.585 is hereby amended to read as follows:

       616.585  1.  Except as otherwise provided in this section, section 19 of Senate Bill No. 316 of this session and NRS 616.545, every employee in the employ of an employer, within the provisions of this chapter, who is injured by accident arising out of and in the course of employment, or his dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.

       2.  Except as otherwise provided in NRS 616.252, an injured employee or his dependents are not entitled to accrue or be paid any benefits for a temporary total disability during the time the injured employee is incarcerated. The injured employee or his dependents are entitled to receive such benefits when the injured employee is released from incarceration if he is certified as temporarily totally disabled by a physician or chiropractor.

       3.  If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability and regularly thereafter.

       4.  Any increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive.

       5.  Payments for a temporary total disability must cease when:

       (a) A physician or chiropractor determines that the employee is physically capable of any gainful employment for which the employee is suited, after giving consideration to the employee’s education, training and experience;

       (b) The employer offers the employee light-duty employment or employment that is modified according to the limitations or restrictions imposed by a physician or chiropractor pursuant to subsection 7; or

       (c) Except as otherwise provided in NRS 616.252, the employee is incarcerated.

       6.  Each insurer may, with each check that it issues to an injured employee for a temporary total disability, include a form approved by the [department] division for the injured employee to request continued compensation for the temporary total disability.

       7.  A certification of disability issued by a physician or chiropractor must:

       (a) Include the period of disability and a description of any physical limitations or restrictions imposed upon the work of the employee;

       (b) Specify whether the limitations or restrictions are permanent or temporary; and

       (c) Be signed by the physician or chiropractor.

       8.  If certification of disability specifies that the physical limitations or restrictions are temporary, the employer of the employee at the time of his accident is not required to comply with NRS 616.222 and sections 21.2 to 21.8, inclusive, of Senate Bill No. 316 of this session or the regulations adopted by the division governing vocational rehabilitation services if the employer offers the employee a position that is substantially similar to the employee’s position at the time of his injury in relation to the location of the employment, the hours he is required to work and the salary he will be paid.


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ê1995 Statutes of Nevada, Page 628 (Chapter 293, SB 432)ê

 

relation to the location of the employment, the hours he is required to work and the salary he will be paid.

       Sec. 1166.  NRS 616.605 is hereby amended to read as follows:

       616.605  1.  Except as otherwise provided in section 19 of [this act,] chapter 265, Statutes of Nevada 1993, every employee, in the employ of an employer within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section “disability” and “impairment of the whole man” are equivalent terms.

       2.  Within 30 days after receiving from a physician or chiropractor a report indicating that the injured employee may have suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with a rating physician or chiropractor to determine the extent of the employee’s disability. The insurer shall select a physician or chiropractor from a group of rating physicians and chiropractors designated by the administrator, to determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the [department] division pursuant to section 3 of NRS 616.427. Rating physicians and chiropractors must be selected in rotation from the list of qualified physicians and chiropractors designated by the administrator, according to their area of specialization and the order in which their names appear on the list.

       3.  At the request of the insurer, the injured employee shall, before an evaluation by a rating physician or chiropractor is performed, notify the insurer of:

       (a) Any previous evaluations performed to determine the extent of any of the employee’s disabilities; and

       (b) Any previous injury, disease or condition sustained by the employee which is relevant to the evaluation performed pursuant to this section.

The notice must be on a form approved by the administrator and provided to the injured employee by the insurer at the time of the insurer’s request.

       4.  A rating evaluation must include an evaluation of the loss of motion, sensation and strength of an injured employee if the injury is of a type that might have caused such a loss. No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability.

       5.  The rating physician or chiropractor shall provide the insurer with his evaluation of the injured employee. After receiving the evaluation, the insurer shall, within 14 days, provide the employee with a copy of the evaluation and notify the employee:

       (a) Of the compensation to which he is entitled pursuant to this section; or

       (b) That he is not entitled to benefits for permanent partial disability.


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ê1995 Statutes of Nevada, Page 629 (Chapter 293, SB 432)ê

 

       6.  Each 1 percent of impairment of the whole man must be compensated by a monthly payment:

       (a) Of 0.5 percent of the claimant’s average monthly wage for injuries sustained before July 1, 1981;

       (b) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after July 1, 1981 and before [the effective date of this section;] June 18, 1993; and

       (c) Of 0.54 percent of the claimant’s average monthly wage for injuries sustained on or after [the effective date of this section.] June 18, 1993.

Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later.

       7.  Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.

       8.  Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

       9.  The [department] division may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.

       10.  The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.

       11.  This section does not entitle any person to double payments for the death of an employee and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.

       Sec. 1167.  NRS 616.607 is hereby amended to read as follows:

       616.607  1.  Except as otherwise provided in NRS 616.5435, an award for a permanent partial disability may be paid in a lump sum under the following conditions:

       (a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum. A claimant injured on or after July 1, 1981, who incurs a disability that does not exceed 25 percent may elect to receive his compensation in a lump sum.

       (b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616.615, is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.

       (c) Any claimant injured on or after July 1, 1981, who incurs a disability that exceeds 25 percent may elect to receive his compensation in a lump sum equal to the present value of an award for a disability of 25 percent.


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ê1995 Statutes of Nevada, Page 630 (Chapter 293, SB 432)ê

 

25 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 25 percent.

       2.  If the claimant elects to receive his payment for a permanent partial disability in a lump sum, all of his benefits for compensation terminate. His acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting he waives all of his rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his disability, except:

       (a) His right to reopen his claim according to the provisions of NRS 616.545; and

       (b) Any counseling, training or other rehabilitative services provided by the insurer.

The claimant must be advised in writing of the provisions of this subsection when he demands his payment in a lump sum, and has 20 days after the mailing or personal delivery of this notice within which to retract or reaffirm his demand, before payment may be made and his election becomes final.

       3.  Any lump sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.

       4.  Except as otherwise provided in this subsection, the total lump sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability. If the claimant received compensation in installment payments for his permanent partial disability before electing to receive his payment for that disability in a lump sum, the lump sum payment must be calculated for the remaining payment of compensation.

       5.  The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection 6 of NRS 616.605 and actuarial annuity tables adopted by the [department.] division. The tables must be reviewed annually by a consulting actuary.

       6.  If a claimant would receive more money by electing to receive compensation in a lump sum than he would if he receives installment payments, he may elect to receive the lump sum payment.

       Sec. 1173.  NRS 617.135 is hereby amended to read as follows:

       617.135  “Policy officer” includes:

       1.  A sheriff, deputy sheriff, officer of a metropolitan police department or city policeman;

       2.  A chief, inspector supervisor, commercial officer or trooper of the Nevada highway patrol;

       3.  A chief, investigator or agent of the investigation division of the department of motor vehicles and public safety;

       4.  An officer or investigator for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety;


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ê1995 Statutes of Nevada, Page 631 (Chapter 293, SB 432)ê

 

       5.  An investigator of the bureau of enforcement of the registration division of the department of motor vehicles and public safety;

       6.  A member of the police department of the University and Community College System of Nevada;

       7.  A uniformed employee of the department of prisons whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies; and

       8.  A parole and probation officer of the [department] division of parole and probation [.] of the department of motor vehicles and public safety.

       Sec. 1177.  NRS 617.275 is hereby amended to read as follows:

       617.275  1.  An employee may receive compensation from the uninsured employers’ claim fund if:

       (a) He was hired in this state or he is regularly employed in this state;

       (b) He contracts an occupational disease as a result of work performed in this state:

       (c) He files a claim for compensation with the system pursuant to section 218 of [this act;] chapter 265, Statutes of Nevada 1993;

       (d) He files a written notice with the division; and

       (e) He makes an irrevocable assignment to the division of a right to be subrogated to the rights of the employee pursuant to NRS 616.560.

       2.  If the system receives a claim pursuant to subsection 1, the system shall immediately:

       (a) Notify the employer of the claim;

       (b) Deliver to the claimant any forms necessary to made a claim pursuant to this section; and

       (c) Notify the division of the claim by sending a copy of the claim, any evidence regarding the claim and any evidence indicating that the employer was uninsured.

       3.  For the purposes of this section, the employer has the burden of proving that he provided mandatory coverage for occupational diseases for the employee or that he was not required to maintain industrial insurance for the employee.

       4.  Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on his behalf, including, but not limited to, any benefits, administrative costs or attorney’s fees paid from the uninsured employers’ claim fund or incurred by the division . [or department.]

       5.  The division:

       (a) May recover from the employer the payments made by the division [or department] that are described in subsection 4 and any accrued interest by bringing a civil action in district court.

       (b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the occupational disease.

       (c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.

       (d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.


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ê1995 Statutes of Nevada, Page 632 (Chapter 293, SB 432)ê

 

       6.  The division shall:

       (a) Determine whether the employer was insured within 30 days after receiving notice of the claim from the employee.

       (b) Assign the claim to the system for administration of the claim, payment of benefits and reimbursement of costs of administration and benefits paid to the system

Upon determining that a claim is invalid, the system shall notify the claimant, the named employer and the division that the claim will not be assigned for benefits from the uninsured employers’ claim fund.

       7.  Any party aggrieved by a decision regarding the administration of an assigned claim or a decision made by the division or by the system regarding any claim made pursuant to this section may appeal that decision within 60 days after the decision is rendered to the hearings division of the department of administration in the manner provided by NRS 616.5412 to 616.544, inclusive, and section 79 of [this act.] chapter 265, Statutes of Nevada 1993.

       8.  All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.

       9.  An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers’ claim fund. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.

       10.  Attorney’s fees recoverable by the division pursuant to this section must be:

       (a) If a private attorney is retained by the [department,] division, paid at the usual and customary rate for that attorney.

       (b) If the attorney is an employee of the [department,] division, paid at the rate established by regulations adopted by the [department.] division.

Any money collected must be deposited to the uninsured employers’ claim fund.

       11.  In addition to any other liabilities provided for in this section, the administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of this chapter.

       Sec. 1178.  NRS 617.370 is hereby amended to read as follows:

       617.370  1.  Any employee who is entitled to receive compensation under this chapter shall, if:

       (a) Requested by the insurer; or

       (b) Ordered by an appeals officer, or a hearing officer,

submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the [department.] division.


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ê1995 Statutes of Nevada, Page 633 (Chapter 293, SB 432)ê

 

       2.  If the insurer has reasonable cause to believe that an injured employee who is receiving compensation for a permanent total disability is no longer disabled, the insurer may request the employee to submit to an annual medical examination to determine whether the disability still exists. The insurer shall pay the costs of the examination.

       3.  The request or order for an examination must fix a time and place therefor, due regard being had to the nature of the medical examination, the convenience of the employee, his physical condition and ability to attend at the time and place fixed.

       4.  The employee is entitled to have a physician, provided and paid for by him, present at any such examination.

       5.  If the employee refuses to submit to an examination ordered or requested pursuant to subsection 1 or 2 or obstructs the examination, his right to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension.

       6.  Any physician who makes or is present at any such examination may be required to testify as to the result thereof.

       Sec. 1186.  NRS 618.345 is hereby amended to read as follows:

       618.345  1.  The division [of preventative safety of the department of industrial relations] shall develop and maintain an effective program of collection, compilation and analysis of occupational safety and health statistics. This program may, at the discretion of the [department,] division, cover all employments.

       2.  To carry out the provisions of subsection 1, the division [of preventative safety] may promote, encourage or directly engage in programs of studies, information and communication concerning occupational safety and health statistics.

       Sec. 1191.  NRS 618.383 is hereby amended to read as follows:

       618.383  1.  An employer shall establish a written safety program and carry out the requirements of the program within 90 days after it is established.

       2.  The written safety program must include:

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

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

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

       4.  The administrator of the division [of enforcement for industrial safety and health of the department] shall adopt regulations establishing the minimum requirements for a written safety program.


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ê1995 Statutes of Nevada, Page 634 (Chapter 293, SB 432)ê

 

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

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

       7.  The manager of the state industrial insurance system shall increase by not more than 15 percent the premium of any employer who violates the provisions of subsection 1, and shall transfer 3 percent of any additional premium received by him pursuant to this subsection to the [department for use by the division of preventative safety.] division for its use. The manager shall use the remaining amount of any additional premium received to reduce the premiums of employers insured by the system. The manager shall adopt regulations to carry out the provisions of this subsection which result in the equitable reduction of premiums among those employers.

       Sec. 1216.  NRS 624.328 is hereby amended to read as follows:

       624.328  The employment security division of the department of employment, training and rehabilitation and the state industrial insurance system shall make available, upon request, to any licensed contractor the names and addresses of subcontractors who are delinquent in paying the amounts owed by the subcontractor to the:

       1.  [Department] Division for benefits for unemployment pursuant to chapter 612 of NRS; and

       2.  System for premiums for industrial insurance.

       Sec. 1218.  NRS 641B.040 is hereby amended to read as follows:

       641B.040  This chapter does not apply to:

       1.  A physician licensed to practice in this state;

       2.  A nurse licensed to practice in this state;

       3.  A person licensed as a psychologist pursuant to chapter 641 of NRS;

       4.  A person certified as a marriage and family counselor pursuant to chapter 641A of NRS;

       5.  A person licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;

       6.  A person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of [human resources;] employment, training and rehabilitation;

       7.  Any clergyman;

       8.  A county welfare director;

       9.  Any person who may engage in social work or clinical social work in his regular governmental employment but does not hold himself out to the public as a social worker; or

       10.  A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of section 1 of [this act.]


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chapter 80, Statutes of Nevada 1993. Such a student must be designated by the title “student of social work” or “trainee in social work,” or any other title which clearly indicates his training status.

       Sec. 1243.  NRS 679B.060 is hereby amended to read as follows:

679B.060  The buildings and grounds division of the department of [general services] administration shall furnish the [department of insurance] division with suitable office space for the performance of its duties.

       Sec. 1265.  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.............................................................          2,450

       (c) Each annual continuation of a certificate.....................          2,450

       (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.  Services 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:


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             (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

       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


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       (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,] division, a reasonable charge fixed by the commissioner, including charges for duplicating or amending the forms and for certifying the copies and affixing the official seal.

       20.  Letter of clearance for an agent or broker..................               $5

       21.  Certificate of status as a licensed agent or broker....               $5

       22.  Licenses, appointments and renewals for bail agents:

       (a) Application and license...................................................             $78

       (b) Initial appointment by each surety insurer..................                 5

       (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:


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       (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:

             (1) Application and certificate or license.....................             138

             (2) Triennial renewal........................................................             138

       32.  Risk retention groups:

       (a) Initial registration and review of an application .........        $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. 1279.  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 $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 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.

       4.  All fines recovered pursuant to this section must be deposited with the state treasurer for credit to the state general fund.


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ê1995 Statutes of Nevada, Page 639 (Chapter 293, SB 432)ê

 

       Sec. 1281.  NRS 685B.120 is hereby amended to read as follows:

       685B.120  1.  Any person who provides coverage in this state for the cost of:

       (a) Medical care;

       (b) Surgery;

       (c) Chiropractic;

       (d) Physical therapy;

       (e) Speech pathology;

       (f) Audiology;

       (g) Professional care of mental health;

       (h) Dental care;

       (i) Hospital care;

       (j) Ophthalmic care; or

       (k) Ambulance services,

whether the coverage provides for direct payment, reimbursement or any other method of payment, is subject to regulation by the [department] division and to the provisions of this code unless he shows that while providing such coverage he is subject to regulation by the Federal Government.

       2.  A nonprofit corporation that provides prepaid ambulance services is not subject to regulation by the [department] division or to the provisions of this code if the corporation presents evidence satisfactory to the commissioner that the corporation is subject to regulation by a political subdivision of this state pursuant to an exclusive franchise which limits the number of times any such prepaid services may be used to a defined number that are medically necessary.

       Sec. 1306.  1.  NRS 232.151, 232.152, 232.153, 232.155, 232.1555, 232.156, 232.157, 232.160, 232.170, 232.180, 232.190, 232.210, 232.360, 232.370, 232.380, 232.390, 232.560, 232.640, 233D.020, 233D.030, 233D.050, 233D.060, 233D.070, 233F.090, 233F.100, 233F.200, 233F.210, 233F.230, 233F.240, 233F.250, 233F.280, 242.021, 242.121, 321.420, 321.430, 321.440, 380A.051, 380A.091, 381.180, 381.260, 381A.025, 382.090, 383.051, 383.055, 383.061, 383.071, 383.115, 383.116, 383.117, 383.118, 407.017, 407.025, 407.027, [407.033,] 407.035, 414.034, 426.035, 452.380, 472.030, 481.270, 481.272, 481.274, 481.276, 481.278, [481.280,] 481.282, 481.284, 501.029, 504.385, 512.110, 513.095, 523.031, 552.0856, 552.0859, 561.175, 561.194, 586.085, 587.029, 588.075, 612.160, 612.205, 612.325, 615.025, 616.051, 616.052, 618.055, 618.065, 679A.065, 684A.244, 684A.246 and 689.710 are hereby repealed.

       2.  NRS 407.033 and 481.280 are hereby repealed.

       Sec. 1312.  1.  [This] Except as otherwise provided in subsections 2, 3 and 4, this act becomes effective upon passage and approval for the purpose of authorizing any preliminary activities necessary to ensure that the provisions of this act are carried out in an orderly fashion and on October 1, 1993, for all other purposes.

       2.  Sections 50, 162, 429, 497, 674, 918, 930, 1003, 1039, 1173 and 1281 of this act, and subsection 2 of section 1306 of this act, become effective at 12:01 a.m. on October 1, 1993.


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       3.  Section 78 of this act becomes effective at 12:02 a.m. on October 1, 1993.

       4.  Section 108 of this act becomes effective at 12:03 a.m. on October 1, 1993.

       5.  Sections 281 to 287, inclusive, of this act expire by limitation on July 1, 1995.

      2.  Chapter 466, Statutes of Nevada 1993, at page 1497, is hereby amended by adding thereto a new section to be designated as section 63.5, immediately following section 63, to read as follows:

       Sec. 63.5.  NRS 233F.117 is hereby amended to read as follows:

       233F.117  If a state agency other than the communications [subdivision] division of the department of information services adds equipment which extends the state communications system to another location, the extension, if approved by the board, becomes part of the state communications system. An approved extension of the system is subject to the provisions of this chapter relating to the system.

      3.  Chapter 466, Statutes of Nevada 1993, at page 1498, is hereby amended by adding thereto a new section to be designated as section 66.5, immediately following section 66, to read as follows:

       Sec. 66.5.  NRS 233F.150 is hereby amended to read as follows:

       233F.150  All state agencies shall provide the [state communications] board with any information which the board requests for the purpose of implementing the provisions of this chapter except where the disclosure of such information is expressly prohibited by law, and otherwise cooperate and assist to the maximum extent possible in the development and joint use of the state communications system.

      4.  Chapter 466, Statutes of Nevada 1993, at page 1528, is hereby amended by adding thereto a new section to be designated as section 154.5, immediately following section 154, to read as follows:

       Sec. 154.5.  NRS 213.1517 is hereby amended to read as follows:

       213.1517  1.  Where the inquiring officer has determined that there is probable cause for a hearing by the board, the chief [parole and probation officer] may, after consideration of the case and pending the next meeting of the board:

       (a) Release the arrested parolee again upon parole;

       (b) Order the parolee to be placed in residential confinement in accordance with the provisions of NRS 213.15193, 213.15195 and 213.15198; or

       (c) Suspend his parole and return him to confinement.

       2.  The chief [parole and probation officer] shall take whichever action under subsection 1 he deems appropriate within:

       (a) Fifteen days if the prisoner was paroled by the board.

       (b) Thirty days if the prisoner was paroled by the authority of another state and is under supervision in this state pursuant to NRS 213.180 to 213.210, inclusive. This paragraph does not apply to a parolee who is retaken by an officer of the sending state.

       3.  If a determination has been made that probable cause exists for the continued detention of a paroled prisoner, the board shall consider the prisoner’s case within 60 days after his return to the custody of the department of prisons or his placement in residential confinement pursuant to subsection 1.


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ê1995 Statutes of Nevada, Page 641 (Chapter 293, SB 432)ê

 

department of prisons or his placement in residential confinement pursuant to subsection 1.

      5.  Chapter 466, Statutes of Nevada 1993, at page 1545, is hereby amended by adding thereto a new section to be designated as section 209.5, immediately following section 209, to read as follows:

       Sec. 209.5.  NRS 244.33505 is hereby amended to read as follows:

       244.33505  1.  In a county in which a license to engage in a business is required, the board of county commissioners shall not issue such a license unless the applicant for the license signs an affidavit affirming that the business:

       (a) Has received coverage by the state industrial insurance system required pursuant to chapter 616 of NRS;

       (b) Maintains a valid certificate of self-insurance pursuant to chapter 616 of NRS; or

       (c) Is not subject to the provisions of chapter 616 of NRS.

       2.  In a county in which such a license is not required, the board of county commissioners shall require a business, when applying for a post office box, to submit to the board the affidavit required by subsection 1.

       3.  Each board of county commissioners shall submit to the administrator of the division of industrial [insurance regulation] relations of the department of [industrial relations] business and industry monthly a list of the names of those businesses which have submitted an affidavit required by subsections 1 and 2.

       4.  Upon receiving an affidavit required by this section, a board of county commissioners shall provide the owner of the business with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace, in accordance with regulations adopted by the division of [preventative safety] industrial relations of the department of [industrial relations] business and industry pursuant to NRS 618.376.

      6.  Chapter 466, Statutes of Nevada 1993, at page 1547, is hereby amended by adding thereto a new section to be designated as section 212.5, immediately following section 212, to read as follows:

       Sec. 212.5.  NRS 268.0955 is hereby amended to read as follows:

       268.0955  1.  In an incorporated city in which a license to engage in a business is required, the city council or other governing body of the city shall not issue such a license unless the applicant for the license signs an affidavit affirming that the business:

       (a) Has received coverage by the state industrial insurance system required pursuant to chapter 616 of NRS;

       (b) Maintains a valid certificate of self-insurance pursuant to chapter 616 of NRS; or

       (c) Is not subject to the provisions of chapter 616 of NRS.

       2.  In an incorporated city in which such a license is not required, the city council or other governing body of the city shall require a business, when applying for a post office box, to submit to the governing body the affidavit required by subsection 1.

       3.  Each city council or other governing body of an incorporated city shall submit to the administrator of the division of [industrial insurance regulation of the department of] industrial relations of the department of business and industry monthly a list of the names of those businesses which have submitted an affidavit required by subsections 1 and 2.


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regulation of the department of] industrial relations of the department of business and industry monthly a list of the names of those businesses which have submitted an affidavit required by subsections 1 and 2.

       4.  Upon receiving an affidavit required by this section, the city council or other governing body of an incorporated city shall provide the applicant with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace, in accordance with regulations adopted by the division of [preventative safety of the department of] industrial relations of the department of business and industry pursuant to NRS 618.376.

      7.  Chapter 466, Statutes of Nevada 1993, at page 1555, is hereby amended by adding thereto a new section to be designated as section 230.5, immediately following section 230, to read as follows:

       Sec. 230.5.  NRS 321.355 is hereby amended to read as follows:

       321.355  1.  Before any state land may be leased, exchanged, sold or contracted for sale, the state land registrar, in consultation with the [state multiple use advisory committee on federal lands] advisory board on natural resources and with counties and local governments, shall designate any existing routes over the land which he determines to be necessary for public access to any other land that is open to public use. If such a route is designated, the land must be conveyed with a right of way and all rights of access and abutter’s rights for the route reserved in the name of the State of Nevada. Any right of way reserved pursuant to this subsection may, when necessary as determined by the state land registrar and otherwise approved as required by law, be used by a public utility.

       2.  After the land is conveyed, if the route is determined by the state land registrar, in consultation with the department of transportation and the [state multiple use advisory committee on federal lands] advisory board on natural resources and with counties and local governments, to be no longer necessary for public access to other land which is open to public use, the state land registrar shall, subject to the provisions of subsections 3 and 4, release the right, title and interest of the state in and to the right of way to the purchaser or lessee of the land, his assigns or successors in interest.

       3.  Before releasing the state’s interest in the right of way, the state land registrar shall cause to be published in some newspaper of general circulation in the county where the right of way is located a notice of intent to release that interest. The notice must be published at least 30 days before the proposed date for the release and must contain:

       (a) A description of the location of the right of way;

       (b) The date upon which the release is to be effective; and

       (c) The mailing address of the state land registrar to which persons may send protests against the proposed release.

       4.  The state land registrar may, or upon the receipt of a written protest against the proposed release shall, hold a public hearing. The hearing must be:

       (a) Held in the county in which the right of way is located; and


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ê1995 Statutes of Nevada, Page 643 (Chapter 293, SB 432)ê

 

       (b) Advertised at least 30 days before the date of the hearing in a newspaper of general circulation in the county where the right of way is located.

      8.  Chapter 466, Statutes of Nevada 1993, at page 1557, is hereby amended by adding thereto new sections to be designated as sections 234.1, 234.2 and 234.3, immediately following section 234, to read as respectively as follows:

       Sec. 234.1.  NRS 321.7355 is hereby amended to read as follows:

       321.7355  1.  The state land use planning agency shall prepare, in cooperation with appropriate state agencies and local governments throughout the state, plans or policy statements concerning the acquisition and use of lands in Nevada which are under federal management.

       2.  The state land use planning agency shall, in preparing the plans and policy statements, identify lands which are suitable for acquisition for:

       (a) Commercial, industrial or residential development;

       (b) The expansion of the property tax base, including the potential for an increase in revenue by the lease and sale of those lands; or

       (c) Accommodating increases in the population of this state.

The plans or policy statements must not include matters concerning zoning or the division of land and must be consistent with local plans and regulations concerning the use of private property.

       3.  The state land use planning agency shall encourage public comment upon the various matters treated in a proposed plan or policy statement throughout its preparation and shall submit its work on a plan or statement of policy periodically for review and comment by the land use planning advisory council, the [state multiple use advisory committee on federal lands] advisory board on natural resources and any committees of the legislature or subcommittees of the legislative commission which deal with matters concerning the public lands.

       4.  A plan or statement of policy must be approved by the governing bodies of the county and cities affected by it, and by the governor, before it is put into effect.

       Sec. 234.2.  NRS 328.460 is hereby amended to read as follows:

       328.460  The state controller shall apportion money in the account for revenue from the lease of federal lands as follows:

       1.  Twenty-five percent to the state distributive school account in the state general fund.

       2.  Fifty percent to the counties from which the fuels, minerals and geothermal resources are extracted. Of the amount received by each county, one-fourth must be distributed to the school district in that county.

       3.  Twenty-five percent to the [office of community services] department of business and industry for distribution as grants to agencies and political subdivisions of the state.

       Sec. 234.3.  NRS 328.480 is hereby amended to read as follows:

       328.480  1.  Money received by the [office of community services] department of business and industry pursuant to NRS 328.460 must be distributed to agencies and political subdivisions of the state as grants for:

 


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ê1995 Statutes of Nevada, Page 644 (Chapter 293, SB 432)ê

 

distributed to agencies and political subdivisions of the state as grants for:

       (a) Projects to demonstrate uses for geothermal and solar energy and other alternative sources of energy;

       (b) Research to stimulate the use and production of energy from alternative sources;

       (c) Projects to assess potential alternative sources of energy;

       (d) Projects to increase available supplies of fossil and synthetic fuels and electricity and to increase the stability of those supplies;

       (e) Studies of the possible social, economic and environmental effects of the use of alternative sources of energy and means of mitigating those effects;

       (f) State and local plans for the development and use of alternative sources of energy;

       (g) Projects to convert existing public facilities to the use of alternative sources of energy; and

       (h) Establishing a program to provide loans, at low interest or that may be forgiven, to encourage the use of alternative sources of energy.

       2.  The governing body of any political subdivision may apply to the [office of community services] department of business and industry for a grant pursuant to this section.

       3.  The director of the [office of community services] department of business and industry shall review all applications for grants and forward his recommendations to the interim finance committee for its approval. The distribution of such grants must be made without regard to whether fuels, minerals or geothermal resources were extracted from the county in which the political subdivision applying for the grant is located. No money may be committed pursuant to this section until the grant is approved by the interim finance committee.

       4.  A political subdivision which receives such a grant shall maintain an account for that money separate from other accounts or funds.

       5.  Any money received by the [office of community services] department of business and industry from the state treasurer pursuant to NRS 328.460 which has not been granted to a political subdivision within 1 year after the date on which that money from the lease of federal lands is received must be returned to the state treasurer and deposited in the state distributive school account in the state general fund.

      9.  Chapter 466, Statutes of Nevada 1993, at page 1570, is hereby amended by adding thereto a new section to be designated as section 275.5, immediately following section 275, to read as follows:

       Sec. 275.5.  NRS 349.750 is hereby amended to read as follows:

       349.750  1.  The director shall administer the provisions of NRS 349.700 to 349.870, inclusive. The director may:

       (a) Employ or contract for the services of attorneys, accountants, financial experts, and other advisers, employees, consultants and agents as the director determines to be necessary.

       (b) Enter into any agreement or other transaction with, or accept any grant from and cooperate with any governmental entity or other source in furtherance of the purposes of NRS 349.700 to 349.870, inclusive.


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       (c) Within the financial resources made available to him in administering the program:

             (1) Create or cause to be created any nonprofit corporation, pursuant to chapter 82 of NRS, which he determines is necessary or convenient for the furtherance of the purposes of NRS 349.700 to 349.870, inclusive. The purposes, powers and operation of the corporation must be consistent with the purposes of NRS 349.700 to 349.870, inclusive.

             (2) Promote and assist the creation of any corporate entity formed under the general corporation laws of this or any other state or nation for the purpose of qualifying as a shared foreign sales corporation or other similar entity pursuant to 26 U.S.C. §§ 922 to 927, inclusive. The state must not have any financial interest in such a corporation.

       2.  If revenue bonds have been issued pursuant to NRS 349.825, the director shall, before September of each even-numbered year, submit a report of the operations of the department of [commerce] business and industry in connection with this program for the biennium ending June 30 of that year to the state board of finance and the legislative commission. This report must include a complete statement of the income, expenses, assets and liabilities of the program.

      10.  Chapter 466, Statutes of Nevada 1993, at page 1573, is hereby amended by adding thereto a new section to be designated as section 287.5, immediately following section 287, to read as follows:

       Sec. 287.5.  NRS 353A.010 is hereby amended to read as follows:

       353A.010  As used in this chapter, unless the context otherwise requires:

       1.  “Agency” means every agency, department, division, board, commission or similar body, or elected officer, of the executive branch of the state, except:

       (a) A board or commission created by the provisions of chapters 623 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.

       (b) The University and Community College System of Nevada.

       (c) The public employees’ retirement system.

       (d) The state industrial insurance system.

       (e) The housing division of the department of [commerce.] business and industry.

       (f) The Colorado River commission.

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

       3.  “Internal accounting and administrative control” means a method through which agencies can safeguard assets, check the accuracy and reliability of their accounting information, promote efficient operations and encourage adherence to prescribed managerial policies.

      11.  Chapter 466, Statutes of Nevada 1993, at page 1577, is hereby amended by adding thereto a new section to be designated as section 296.5, immediately following section 296, to read as follows:

       Sec. 296.5.  NRS 364A.100 is hereby amended to read as follows:

       364A.100  1.  Except as otherwise provided in subsections 2 and 3, the records and files of the department concerning the administration of this chapter are confidential and privileged. The department, and any employee engaged in the administration of this chapter, or charged with the custody of any such records or files, shall not disclose any information obtained from the department’s records or files or from any examination, investigation or hearing authorized by the provisions of this chapter.


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ê1995 Statutes of Nevada, Page 646 (Chapter 293, SB 432)ê

 

employee engaged in the administration of this chapter, or charged with the custody of any such records or files, shall not disclose any information obtained from the department’s records or files or from any examination, investigation or hearing authorized by the provisions of this chapter. Neither the department nor any employee of the department may be required to produce any of the records, files and information for the inspection of any person or for use in any action or proceeding.

       2.  The records and files of the department concerning the administration of this chapter are not confidential and privileged in the following cases:

       (a) Testimony by a member or employee of the department and production of records, files and information on behalf of the department or a taxpayer in any action or proceeding pursuant to the provisions of this chapter if that testimony or the records, files or information, or the facts shown thereby are directly involved in the action or proceeding.

       (b) Delivery to a taxpayer or his authorized representative of a copy of any return or other document filed by the taxpayer pursuant to this chapter.

       (c) Publication of statistics so classified as to prevent the identification of a particular business or document.

       (d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases.

       (e) Disclosure in confidence to the governor or his agent in the exercise of the governor’s general supervisory powers, or to any person authorized to audit the accounts of the department in pursuance of an audit, or to the attorney general or other legal representative of the state in connection with an action or proceeding pursuant to this chapter or to any agency of this or any other state charged with the administration or enforcement of laws relating to workers’ compensation, unemployment compensation, public assistance, taxation, labor or gaming.

       3.  The executive director shall periodically, as he deems appropriate, but not less often than annually, transmit to the administrator of the division of [industrial insurance regulation of the department of] industrial relations of the department of business and industry a list of the businesses of which he has a record. The list must include the mailing address of the business and the approximate number of employees of the business as reported to the department.

      12.  Chapter 466, Statutes of Nevada 1993, at page 1621, is hereby amended by adding thereto new sections to be designated as sections 450.1, 450.2 and 450.3, immediately following section 450, to read respectively as follows:

       Sec. 450.1.  NRS 439B.260 is hereby amended to read as follows:

       439B.260  1.  A major hospital shall reduce or discount the total billed charge by at least 30 percent for hospital services provided to an inpatient who:

       (a) Has no insurance or other contractual provision for the payment of the charge by a third party;

       (b) Is not eligible for coverage by a state or federal program of public assistance that would provide for the payment of the charge; and


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ê1995 Statutes of Nevada, Page 647 (Chapter 293, SB 432)ê

 

       (c) Makes reasonable arrangements within 30 days after discharge to pay his hospital bill.

       2.  A major hospital or patient who disputes the reasonableness of arrangements made pursuant to paragraph (c) of subsection 1 may submit the dispute to the [commission] office for hospital patients for resolution as provided in NRS 679B.500.

       3.  A major hospital shall reduce or discount the total billed charge of its outpatient pharmacy by at least 30 percent to a patient who is eligible for Medicare.

       Sec. 450.2.  NRS 444.587 is hereby amended to read as follows:

       444.587  1.  The [office of community services] division of environmental protection of the state department of conservation and natural resources shall:

       (a) Develop markets in this state for products made from recycled materials;

       (b) Determine the feasibility for the development of markets outside the state for products made from recycled materials; and

       (c) Provide producers of recycled materials in this state with information relating to manufacturers of products made from those materials.

       2.  The [office of community services] division of environmental protection of the state department of conservation and natural resources shall, not later than February 1 of each year, submit a report to the director of the legislative counsel bureau for presentation to the legislature. The report must include:

       (a) A general description of the markets for recycled materials in this state; and

       (b) Any recommendations relating to:

             (1) Increasing the demand for recycled materials and developing markets for recycled materials;

             (2) The development of state and local policies which encourage the purchasing of products manufactured from recycled materials; and

             (3) Financial assistance and incentives to encourage the use of recycled materials in this state.

       3.  As used in this section, “recycled material” means material which is separated from solid waste and processed for use as a raw material or product.

       Sec. 450.3.  NRS 444A.110 is hereby amended to read as follows:

       444A.110  1.  The [office of community services] division of environmental protection of the state department of conservation and natural resources shall develop a program of public education to provide information, increase public awareness of the individual responsibility of properly disposing of solid waste and encouraging public participation in recycling, reuse and waste reduction. The program must be designed in accordance with the plans to provide for a solid waste management system approved pursuant to NRS 444.510 to communicate the importance of conserving natural resources, in addition to the importance of protecting public health and the environment. The program must include promotion of the private and public efforts to accomplish conservation, recovery and reuse.


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ê1995 Statutes of Nevada, Page 648 (Chapter 293, SB 432)ê

 

       2.  The [office of community services] division of environmental protection of the state department of conservation and natural resources shall encourage the reduction of waste and litter by:

       (a) Providing, upon request, advice to persons regarding techniques to reduce waste and general information on recycling.

       (b) Establishing a computer data base to process related information.

       (c) Establishing a toll-free telephone line to assist in the dissemination of information.

       (d) Sponsoring or cosponsoring technical workshops and seminars on waste reduction.

       (e) Assisting local programs for the research and development of plans to reduce waste.

       (f) Coordinating the dissemination of publications on waste reduction, regardless of the source of those publications.

       (g) Assisting in the development and promotion of programs of continuing education for educators and administrators to enable them to teach and encourage methods of waste reduction.

       (h) Developing an emblem to signify and advertise the efforts in Nevada to encourage recycling.

       (i) Recommending to educational institutions courses and curricula relating to recycling and the reduction of waste.

       3.  The [office of community services] division of environmental protection of the state department of conservation and natural resources shall coordinate the technical assistance available from the various state agencies. The [director of the office of community services] administrator of that division shall prepare and deliver biennial reports to the governor regarding the progress of the program.

      13.  Chapter 466, Statutes of Nevada 1993, at page 1880, is hereby amended by adding thereto a new section to be designated as section 1184.5, immediately following section 1184, to read as follows:

       Sec. 1184.5.  NRS 618.315 is hereby amended to read as follows:

       618.315  1.  The division has authority over working conditions in all places of employment except as limited by subsection 2.

       2.  The authority of the division does not extend to working conditions which:

       (a) Exist in household domestic service;

       (b) Exist in motor vehicles operating on public highways of this state; or

       (c) [Are regulated by the administrator of the division of mine inspection under the provisions of chapter 512 of NRS; or

       (d)] Are regulated pursuant to the Federal Mine Safety and Health Act of 1977 (30 U.S.C. §§ 801 et seq.), the Federal Safety Appliances Act (45 U.S.C. §§ 1 et seq.) or the Federal Railroad Safety Act of 1970 (45 U.S.C. §§ 421 et seq.).

       3.  The division may:

       (a) Declare and prescribe which safety devices, safeguards or other means of protection are well adapted to render employees safe as required by lawful order, state standards or regulations or federal standards, as adopted by the division.


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       (b) Fix and adopt such reasonable standards and prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, which must be as nearly uniform as practicable, as may be necessary to carry out all laws and lawful orders relative to the protection of the lives, safety and health of employees.

       (c) Adopt such reasonable standards for the construction, repair and maintenance of places of employment as render those places safe and healthful.

       (d) Require the performance of any other act which the protection of the lives, safety and health in places of employment reasonably demands.

       (e) Provide the method and frequency of making investigations, examinations and inspections.

       (f) Prepare, provide and regulate forms of notices, publications and blank forms deemed proper and advisable to carry out the provisions of this chapter, and to charge to employers the printing costs for those publications.

       (g) Furnish blank forms upon request.

       (h) Provide for adequate notice to each employer or employee of his right to administrative review of any action or decision of the division as set forth in NRS 618.475 and 618.605 and to judicial review.

       (i) Consult with the health division of the department of human resources with respect to occupational health matters in chapter 617 of NRS.

       (j) Appoint and fix the compensation of advisers who shall assist the division in establishing standards of safety and health. The division may adopt and incorporate in its general orders such safety and health recommendations as it may receive from advisers.

      14.  Chapter 466, Statutes of Nevada 1993, at page 1927, is hereby amended by adding thereto new sections to be designated as sections 1305.1 to 1305.9, immediately following section 1305, to read as respectively as follows:

       Sec. 1305.1.  Section 4 of chapter 7, Statutes of Nevada 1993, at page 10, is hereby amended to read as follows:

      Sec. 4.  1.  The state controller shall allocate and remit, on a quarterly basis, the money in the solid waste management account as follows:

      (a) To the department of taxation, 0.5 percent.

      (b) To the state department of conservation and natural resources, 44.5 percent.

      (c) To the district board of health of the health district which has the largest population in this state, 30 percent.

      (d) To the district board of health of the health district which has the second largest population in this state, 25 percent.

If more than two health districts are created within this state, the state department of conservation and natural resources shall transfer to the district boards of health of those additional districts an amount determined by the department to be necessary to carry out the health district’s duties pursuant to NRS 444.440 to 444.620, inclusive, and sections 2 to 14, inclusive, of [this act.]


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ê1995 Statutes of Nevada, Page 650 (Chapter 293, SB 432)ê

 

the health district’s duties pursuant to NRS 444.440 to 444.620, inclusive, and sections 2 to 14, inclusive, of [this act.] chapter 7, Statutes of Nevada 1993. If less than two health districts are created within this state, the amount otherwise allocated to a health district must be allocated to the state department of conservation and natural resources.

      2.  The money allocated pursuant to subsection 1 to the state department of conservation and natural resources and the district boards of health must be used for solid waste management in accordance with NRS 444.440 to 444.620, inclusive, and sections 2 to 14, inclusive, of [this act.] chapter 7, Statutes of Nevada 1993.

      3.  The state department of conservation and natural resources shall transfer to the [office of community services] division of environmental protection of that department a portion of the money it receives pursuant to this section it deems necessary for use in educating the public concerning the objectives and functioning of the state’s plan for solid waste management.

       Sec. 1305.2.  Section 2 of chapter 171, Statutes of Nevada 1993, at page 294, is hereby amended to read as follows:

      Sec. 2.  Chapter 569 of NRS is hereby amended by adding thereto a new section to read as follows:

      The [department] division may enter into a cooperative agreement for the control, placement or disposition of the livestock with the county , city, town, township or other peace officer or poundmaster. If an agreement is entered into, it must provide for:

      1.  The responsibility for the payment of the expenses incurred in taking up, holding, advertising and making the disposition of the estray, and any damages for trespass allowed pursuant to NRS 569.440;

      2.  The disposition of any money received from the sale of the livestock; and

      3.  The protection of the rights of a lawful owner of an estray pursuant to NRS 569.040 to 569.130, inclusive.

       Sec. 1305.3.  Section 1 of chapter 203, Statutes of Nevada 1993, at page 440, is hereby amended to read as follows:

      Section 1.  Chapter 502 of NRS is hereby amended by adding thereto a new section to read as follows;

      1.  If any person who possesses a tag to hunt a big game mammal kills an animal that is believed to be diseased and unfit for human consumption, he shall place his tag on the carcass in the manner provided by law or regulation and provide the whole carcass for inspection by an authorized representative of the [department] division or, at his own expense, by a veterinarian licensed to practice in Nevada. Except as otherwise provided in this subsection, the holder of the tag who provides the carcass for such an inspection is entitled, if the carcass is diseased and unfit for human consumption, to receive at no charge another tag as a replacement for the one he placed on the carcass pursuant to this subsection.


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ê1995 Statutes of Nevada, Page 651 (Chapter 293, SB 432)ê

 

subsection. The holder shall choose whether the replacement tag is to be issued for the current hunting season or for the next similar season. If the holder chooses to retain the head, antlers, carcass, horns or hide of the animal, and the authorized representative of the [department] division approves the retention, the holder shall be deemed to waive any claim he may have had for the issuance of a replacement tag.

      2.  The commission shall adopt by regulation:

      (a) A procedure for the inspection and verification of the condition of such a carcass;

      (b) Requirements for the disposal of such a carcass if it is determined to be diseased and unfit for human consumption;

      (c) Requirements for the disposition of the hide and the antlers or horns of the animal; and

      (d) A procedure for the issuance of a replacement tag pursuant to this section.

       Sec. 1305.4.  Sections 13, 14, 28, 72, 219, 237, 284, 290 and 291 of chapter 265, Statutes of Nevada 1993, at pages 661, 672, 686, 764, 773, 799 and 807, are hereby amended to read respectively as follows:

      Sec. 13.  1.  A treating physician or chiropractor shall, within 3 working days after he first treats an injured employee for a particular injury, complete and mail to the employer of the injured employee and to the employer’s insurer, a claim for compensation. If the employer is a self-insured employer, the treating physician or chiropractor shall mail the claim for compensation to the employer’s third-party administrator.

      2.  A claim for compensation required by subsection 1 must be on a form prescribed by the administrator.

      3.  If a claim for compensation is accompanied by a certificate of disability, the certificate must include a description of any limitation or restrictions on the injured employee’s ability to work.

      4.  Each physician, chiropractor and medical facility that treats injured employees, each insurer, third-party administrator and employer, and the division [and department] shall maintain at their offices a sufficient supply of the forms prescribed by the administrator for filing a claim for compensation.

      5.  The administrator shall impose an administrative fine of not more than $1,000 on a physician or chiropractor for each violation of subsection 1.

      Sec. 14.  1.  Within 6 working days after the receipt of a claim for compensation from a physician or chiropractor, an employer shall complete and mail to his insurer or third-party administrator an employer’s report of industrial injury or occupational disease.

      2.  The report must:

      (a) Be on a form prescribed by the administrator;

      (b) Be signed by the employer or his designee;

      (c) Contain specific answers to all questions required by the regulations of the [department;] administrator; and


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ê1995 Statutes of Nevada, Page 652 (Chapter 293, SB 432)ê

 

      (d) Be accompanied by a statement of the wages of the employee if the claim for compensation received from the treating physician or chiropractor indicates that the injured employee is expected to be off work for 5 days or more.

      3.  An employee of the system shall not complete the report required by subsection 1 or any other form relating to the accident on behalf of the employer unless the employer:

      (a) Is not in business;

      (b) Has not been located by the system within 5 working days after receipt of a claim for compensation; or

      (c) Refuses to complete the report.

      4.  The administrator shall impose an administrative fine of not more than $1,000 on an employer for each violation of this section.

      Sec. 28.  1.  An association certified as an association of self-insured public or private employers directly assumes the responsibility for providing compensation due the employees of the members of the association and their beneficiaries under this chapter and chapter 617 of NRS.

      2.  An association is not required to pay the premiums required of other employers pursuant to this chapter and chapter 617 of NRS but is relieved from other liability for personal injury to the same extent as are other employers.

      3.  The claims of employees and their beneficiaries resulting from injuries while in the employment of a member of an association must be handled in the manner provided by this chapter, and the association is subject to the regulations of the [department] division with respect thereto.

      4.  The security deposited pursuant to section 26 of [this act] chapter 265, Statutes of Nevada 1993, does not relieve an association from responsibility for the administration of claims and payment of compensation under this chapter.

      Sec. 72.  1.  The system shall comply with:

      (a) Those provisions of Title 57 of NRS designated by regulations adopted by the commissioner; and

      (b) Any orders issued to the system by the commissioner.

      2.  Such regulations and orders must comply with the provisions of this chapter and chapter 617 of NRS, including, but not limited to, those provisions governing the investments and operations of the system.

      3.  The commissioner shall not require the system to pay any licensing fees, assessments or taxes paid to the [department] division of insurance of the department of business and industry by insurers licensed pursuant to Title 57 of NRS.

      4.  The system shall pay the costs of any examination of the system conducted by the commissioner, as required by NRS 679B.290, upon presentation by the commissioner of a reasonably detailed written statement of the expenses of the examination.


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ê1995 Statutes of Nevada, Page 653 (Chapter 293, SB 432)ê

 

      Sec. 219.  1.  A treating physician or chiropractor shall, within 3 working days after he first treats an employee who has incurred an occupational disease, complete and mail to the employer of the employee and to the employer’s insurer, a claim for compensation. If the employer is a self-insured employer, the treating physician or chiropractor shall mail the claim for compensation to the employer’s third-party administrator.

      2.  A claim for compensation required by subsection 1 must be on a form prescribed by the administrator.

      3.  If a claim for compensation is accompanied by a certificate of disability, the certificate must include a description of any limitation or restrictions on the employee’s ability to work.

      4.  Each physician, chiropractor and medical facility that treats employees who have incurred occupational diseases, each insurer, third-party administrator and employer, and the division [and department] shall maintain at their offices a sufficient supply of the forms prescribed by the administrator for filing a claim for compensation.

      5.  The administrator shall impose an administrative fine of not more than $1,000 against a physician or chiropractor for each violation of subsection 1.

      Sec. 237.  Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The attorney general has primary jurisdiction to investigate and prosecute any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, or section 60 of [this act,] chapter 265, Statutes of Nevada 1993, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance.

      2.  For this purpose, the attorney general shall establish within his office a fraud control unit for industrial insurance. The unit must consist of such persons as are necessary to carry out the duties set forth in this section, including, without limitation, an attorney, an auditor and an investigator.

      3.  The attorney general, acting through the unit established pursuant to subsection 2:

      (a) Is the single state agency responsible for the investigation and prosecution of any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, or section 60 of [this act,] chapter 265, Statutes of Nevada 1993, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of industrial insurance benefits;

      (b) Shall cooperate with the state industrial insurance system, the [department] division of industrial relations [,] of the department of business and industry, self-insured employers and other state and federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, or section 60 of [this act,] chapter 265, Statutes of Nevada 1993, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance;

 


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ê1995 Statutes of Nevada, Page 654 (Chapter 293, SB 432)ê

 

state and federal investigations and prosecutions involving violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, or section 60 of [this act,] chapter 265, Statutes of Nevada 1993, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance;

      (c) Shall protect the privacy of persons who are eligible to receive benefits pursuant to the provisions of chapter 616 or 617 of NRS and establish procedures to prevent the misuse of information obtained in carrying out this section; and

      (d) May, upon request, inspect the records of any self-insured employer, the state industrial insurance system and the division of [industrial insurance regulation of the department of] industrial relations [,] of the department of business and industry to investigate any alleged violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, sections 54 to 57, inclusive, or section 60 of [this act,] chapter 265, Statutes of Nevada 1993, or any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance.

      4.  When acting pursuant to NRS 228.175, 228.410 or this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.

      5.  The attorney general shall report the name of any person who has been convicted 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,] chapter 265, Statutes of Nevada 1993, to the occupational board that issued the person’s license or certificate to provide medical care, remedial care or other services in this state.

      6.  The attorney general shall establish a toll-free telephone number for persons to report information regarding alleged violations of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, or section 60 of [this act,] chapter 265, Statutes of Nevada 1993, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of industrial insurance benefits.

      7.  As used in this section, “self-insured employer” has the meaning ascribed to it in NRS 616.112.

      Sec. 284.  Section 237 of this act is hereby amended to read as follows:

      Sec. 237.  Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The attorney general has primary jurisdiction to investigate and prosecute any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, or section 60 of chapter 265, Statutes of Nevada 1993, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance.


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ê1995 Statutes of Nevada, Page 655 (Chapter 293, SB 432)ê

 

administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance.

      2.  For this purpose, the attorney general shall establish within his office a fraud control unit for industrial insurance. The unit must consist of such persons as are necessary to carry out the duties set forth in this section, including, without limitation, an attorney, an auditor and an investigator.

      3.  The attorney general, acting through the unit established pursuant to subsection 2:

      (a) Is the single state agency responsible for the investigation and prosecution of any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, or section 60 of chapter 265, Statutes of Nevada 1993, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of industrial insurance benefits;

      (b) Shall cooperate with the state industrial insurance system, the division of industrial relations of the department of business and industry, self-insured employers , associations of self-insured public or private employers and other state and federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving violations of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, or section 60 of chapter 265, Statutes of Nevada 1993, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance;

      (c) Shall protect the privacy of persons who are eligible to receive benefits pursuant to the provisions of chapter 616 to 617 of NRS and establish procedures to prevent the misuse of information obtained in carrying out this section; and

      (d) May, upon request, inspect the records of any self-insured employer, association of self-insured public or private employers, the state industrial insurance system and the division of industrial relations of the department of business and industry to investigate any alleged violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, sections 54 to 57, inclusive, or section 60 of chapter 265 Statutes of Nevada 1993, or any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance.

      4.  When acting pursuant to NRS 228.175, 228.410 or this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.


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ê1995 Statutes of Nevada, Page 656 (Chapter 293, SB 432)ê

 

      5.  The attorney general shall report the name of any person who has been convicted 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 chapter 265, Statutes of Nevada 1993, to the occupational board that issued the person’s license or certificate to provide medical care, remedial care or other services in this state.

      6.  The attorney general shall establish a toll-free telephone number for persons to report information regarding alleged violations of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 and 616.700, sections 54 to 57, inclusive, or section 60 of chapter 265, Statutes of Nevada 1993, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of industrial insurance benefits.

      7.  As used in this section [, “self-insured employer”] :

      (a) “Association of self-insured private employers” has the meaning ascribed to it in section 3 of chapter 265, Statutes of Nevada 1993.

      (b) “Association of self-insured public employers” has the meaning ascribed to it in section 4 of chapter 265, Statutes of Nevada 1993.

      (c) “Self-insured employer” has the meaning ascribed to it in NRS 616.112.

      Sec. 290.  Notwithstanding the provisions of NRS 616.412, the [director] administrator of the [department] division of industrial relations of the department of business and industry shall not, before October 1, 1995, increase the schedule of fees and charges allowable for accident benefits that is required to be established pursuant to that section unless:

      1.  The manager of the state industrial insurance system enters into a contract with an organization for managed care pursuant to section 74 of [this act,] chapter 265, Statutes of Nevada 1993, to provide comprehensive medical and health care services to employees whose employers are insured by the system for injuries and diseases that are compensable under chapters 616 and 617 of NRS; or

      2.  The governor approves an increase in the schedule of fees and charges.

      Sec. 291.  1.  Payments for compensation made from the subsequent injury fund for any claim filed by an injured employee insured by the state industrial insurance system must terminate on [the effective date of this section,] June 18, 1993, and any future charges for such a claim must be made by the system pursuant to the procedures established pursuant to section 83 of [this act.] chapter 265, Statutes of Nevada 1993.


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ê1995 Statutes of Nevada, Page 657 (Chapter 293, SB 432)ê

 

      2.  As soon as practicable after [the effective date of this section, the director] June 18, 1993, the administrator of the [department] division of industrial relations of the department of business and industry shall cause to be conducted an audit of the subsequent injury fund and return to the state industrial insurance system any excess money in the fund in an amount equal to the system’s portion of the assessments paid into the fund pursuant to NRS 616.4261. Any money received by the system pursuant to this subsection must be deposited in the state insurance fund.

       Sec. 1305.5.  Section 1 of chapter 315, Statutes of Nevada 1993, at page 915, is hereby amended to read as follows:

      Section 1.  Chapter 331 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The [superintendent] chief shall establish a program to track the use of energy in buildings owned by the state and may establish such a program, where appropriate, for other buildings occupied by a state agency.

      2.  The program established pursuant to this section must:

      (a) Record utility bills for each building for each month and preserve those records indefinitely;

      (b) Allow for the comparison of utility bills for a building from month to month and year to year;

      (c) Allow for the comparison of utility bills between buildings, including comparisons between similar buildings or types of buildings;

      (d) Allow for adjustments to the information based upon variations in weather conditions, the length of the billing period and other changes in relevant conditions;

      (e) Facilitate identification of errors in utility bills and meter readings;

      (f) Allow for the projection of costs for energy for a building; and

      (g) Identify energy and cost savings associated with efforts to conserve energy.

      3.  The [superintendent] chief may apply for any available grants and accept any gifts, grants or donations to assist in establishing and carrying out the program.

      4.  To the extent that there is not sufficient money available for the support of the program, each state agency that occupies a building in which the use of energy is tracked pursuant to the program shall reimburse the buildings and grounds division for the agency’s proportionate share of the unfunded portion of the cost of the program. The reimbursement must be based upon the energy consumption of the respective state agencies that occupy buildings in which the use of energy is tracked.

       Sec. 1305.55.  Section 1 of chapter 370, Statutes of Nevada 1993, at page 1182, is hereby amended to read as follows:

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


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ê1995 Statutes of Nevada, Page 658 (Chapter 293, SB 432)ê

 

      1.  A mobile home which has been converted to real property pursuant to NRS 361.244 may not be removed from the real property to which it is affixed unless, at least 30 days before removing the mobile home:

      (a) The owner:

             (1) Files with the division an affidavit stating that the sole purpose for converting the mobile home from real to personal property is to effect a transfer of the title to the mobile home;

             (2) Files with the division the affidavit of consent to the removal of the mobile home of each person who holds any legal interest in the real property to which the mobile home is affixed; and

             (3) Gives written notice to the county assessor of the county in which the real property is situated; and

      (b) The county assessor certifies in writing that all taxes for the fiscal year on the mobile home and the real property to which the mobile home is affixed have been paid.

      2.  The county assessor shall not remove a mobile home from the tax rolls until:

      (a) He has received verification that there is no security interest in the mobile home or the holders of security interests have agreed in writing to the conversion of the mobile home to personal property; and

      (b) An affidavit of conversion of the mobile home from real to personal property has been recorded in the county recorder’s office of the county in which the real property to which the mobile home was affixed is situated.

      3.  A mobile home which is physically removed from real property pursuant to this section shall be deemed to be personal property immediately upon its removal.

      4.  The department shall adopt:

      (a) Such regulations as are necessary to carry out the provisions of this section; and

      (b) A standard form for the affidavits required by this section.

      5.  Before the owner of a mobile home that has been converted to personal property pursuant to this section may transfer ownership of the mobile home, he must obtain a certificate of ownership from the division.

      6.  For the purposes of this section, the removal of a mobile home from real property includes the detachment of the mobile home from its foundation, other than temporarily for the purpose of making repairs or improvements to the mobile home or the foundation.

      7.  As used in this section:

      (a) “Division” means the manufactured housing division of the department of [commerce.] business and industry.

      (b) “Owner” means any person who holds an interest in the mobile home or the real property to which the mobile home is affixed evidenced by a conveyance or other instrument which transfers that interest to him and is recorded in the office of the county recorder of the county in which the mobile home and real property are situated, but does not include the owner or holder of a right of way, easement or subsurface property right appurtenant to the real property.


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ê1995 Statutes of Nevada, Page 659 (Chapter 293, SB 432)ê

 

transfers that interest to him and is recorded in the office of the county recorder of the county in which the mobile home and real property are situated, but does not include the owner or holder of a right of way, easement or subsurface property right appurtenant to the real property.

       Sec. 1305.6.  Section 1 of chapter 454, Statutes of Nevada 1993, at page 1470, is hereby amended to read as follows:

      Section 1.  Chapter 277 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The agencies of this state, and the local governments within this state, that collect taxes or fees from persons engaged in business, or require such persons to provide related information and forms, shall coordinate their collection of information and forms so that each enterprise in required to furnish information in as few separate reports as possible. This section applies specifically, but is not limited, to the department of taxation, the employment security [department,] division of the department of employment, training and rehabilitation, the state department of conservation and natural resources, the state industrial insurance system, and the counties and cities that require a business license.

      2.  On or before October 1 of each year, the executive director of the department of taxation shall convene the heads, or persons designated by the respective heads, of the state agencies named in subsection 1 and the appropriate officers of the cities and counties that require a business license. The secretary of state, a representative of the Nevada Association of Counties and a representative of the Nevada League of Cities must be invited to attend the meeting. If he knows, or is made aware by persuasive information furnished by any enterprise required to pay a tax or fee or to provide information, that any other state or local agency needs to participate to accomplish the purpose set forth in subsection 1, he shall also invite the head of that agency or the appropriate officer of the local government, and the person so invited shall attend. The director of the department of [data processing] information services shall assist in effecting the consolidation of the information and the creation of the forms.

      3.  The persons so assembled shall design and modify, as appropriate, the necessary joint forms for use during the ensuing fiscal year to accomplish the purpose set forth in subsection 1. If any dispute cannot be resolved by the participants, it must be referred to the Nevada tax commission for a decision that is binding on all parties.

       Sec. 1305.7.  Section 8 of chapter 581, Statutes of Nevada 1993, at page 2421, is hereby amended to read as follows:

      Sec. 8.  The manager, in cooperation with the [executive director] administrator of the employment security division of the department [,] of employment, training and rehabilitation, shall, and the commissioner of insurance may, adopt regulations to carry out the provisions of sections 2 to 9, inclusive, of [this act.]


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ê1995 Statutes of Nevada, Page 660 (Chapter 293, SB 432)ê

 

carry out the provisions of sections 2 to 9, inclusive, of [this act.] chapter 581, Statutes of Nevada 1993.

       Sec. 1305.8.  Section 4 of chapter 587, Statutes of Nevada 1993, at page 2438, is hereby amended to read as follows:

      Sec. 4.  1.  Two or more licensed providers of health care may apply to the commissioner for a permit to form an organization for managed care to provide comprehensive medical and health care services pursuant to a common agreement by submitting to the commissioner:

      (a) An application on a form prescribed by the commissioner which must include the names and addresses of all providers of health care who are included in the agreement and any other information that the commissioner determines necessary;

      (b) A copy of the proposed agreement; and

      (c) A nonrefundable application fee of $500.

      2.  Upon receipt of an application made pursuant to subsection 1, the commissioner shall review the information submitted and issue a permit if he finds that:

      (a) The stated purpose of the agreement is to form an organization for managed care to provide comprehensive medical and health care services under a common agreement;

      (b) Only licensed providers of health care are included in the agreement;

      (c) The concentration of health care services represented in the common agreement will not adversely affect competition among the organizations currently providing or indemnifying or arranging for health care services;

      (d) None of the providers of health care will be required under the agreement to be compensated or reimbursed at an amount less than reasonably necessary to defray the cost of the services provided; and

      (e) The requirements of subsection 1 have been met.

      3.  A permit issued pursuant to this section authorizes the providers of health care to whom the permit is issued to form an organization for managed care to provide comprehensive medical and health care services pursuant to the common agreement for 1 year after the date of the issuance of the permit.

      4.  A permit issued pursuant to this section may be renewed by the commissioner for additional 1-year periods upon receipt of:

      (a) An application for renewal submitted on a form prescribed by the commissioner which includes such information as the commissioner determines necessary; and

      (b) A fee of $500.

      5.  If the providers of health care included in a common agreement wish to modify any provision of the agreement, including the addition of providers of health care, they shall submit an application for modification to the commissioner on a form prescribed by the [director] administrator with a nonrefundable application fee of $100. If the modification would result in an agreement which meets the requirements of this section, the commissioner shall approve the modification.


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ê1995 Statutes of Nevada, Page 661 (Chapter 293, SB 432)ê

 

agreement which meets the requirements of this section, the commissioner shall approve the modification. The commissioner shall approve or deny an application for the modification of an agreement within 60 days after receipt of a complete application and the required fee.

      6.  If, after a public hearing on the matter, the commissioner finds that a change in the conditions in the marketplace has occurred which has rendered an agreement restrictive to competition in the provision of health care services, the commissioner shall revoke the permit for the agreement. Any such revocation becomes effective 60 days after the commissioner provides notice of the decision to the providers of health care included in the agreement.

      7.  The revocation of an agreement pursuant to subsection 6 is a final decision for the purposes of judicial review.

       Sec. 1305.9.  Sections 95 and 96 of chapter 649, Statutes of Nevada 1993, at pages 2820 and 2821, respectively, are hereby amended to read respectively as follows:

      Sec. 95.  Section 243 of Senate Bill No. 316 of this session is hereby amended to read as follows:

      Sec. 243.  NRS 244.33505 is hereby amended to read as follows:

      244.33505  1.  In a county in which a license to engage in a business is required, the board of county commissioners shall not issue such a license unless the applicant for the license signs an affidavit affirming that the business:

      (a) Has received coverage by the state industrial insurance system required pursuant to chapter 616 of NRS;

      (b) Maintains a valid certificate of self-insurance pursuant to chapter 616 of NRS; [or]

      (c) Is a member of an association of self-insured public or private employers; or

      (d) Is not subject to the provisions of chapter 616 of NRS.

      2.  In a county in which such a license is not required, the board of county commissioners shall require a business, when applying for a post office box, to submit to the board the affidavit required by subsection 1.

      3.  Each board of county commissioners shall submit to the administrator of the division of industrial relations of the department of business and industry monthly a list of the names of those businesses which have submitted an affidavit required by subsections 1 and 2.

      4.  Upon receiving an affidavit required by this section, a board of county commissioners shall provide the owner of the business with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace, in accordance with regulations adopted by the division of industrial relations of the department of business and industry pursuant to NRS 618.376.


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ê1995 Statutes of Nevada, Page 662 (Chapter 293, SB 432)ê

 

adopted by the division of industrial relations of the department of business and industry pursuant to NRS 618.376.

Sec. 96.  Section 244 of Senate Bill No. 316 of this session is hereby amended to read as follows:

      Sec. 244.  NRS 268.0955 is hereby amended to read as follows:

      268.0955  1.  In an incorporated city in which a license to engage in a business is required, the city council or other governing body of the city shall not issue such a license unless the applicant for the license signs an affidavit affirming that the business:

      (a) Has received coverage by the state industrial insurance system required pursuant to chapter 616 of NRS;

      (b) Maintains a valid certificate of self-insurance pursuant to chapter 616 of NRS; [or]

      (c) Is a member of an association of self-insured public or private employers; or

      (d) Is not subject to the provisions of chapter 616 of NRS.

      2.  In an incorporated city in which such a license is not required, the city council or other governing body of the city shall require a business, when applying for a post office box, to submit to the governing body the affidavit required by subsection 1.

      3.  Each city council or other governing body of an incorporated city shall submit to the administrator of the division of industrial relations of the department of business and industry monthly a list of the names of those businesses which have submitted an affidavit required by subsections 1 and 2.

      4.  Upon receiving an affidavit required by this section, the city council or other governing body of an incorporated city shall provide the applicant with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace, in accordance with regulations adopted by the division of industrial relations of the department of business and industry pursuant to NRS 618.376.

      15.  Chapter 466, Statutes of Nevada 1993, at page 1929, is hereby amended by adding thereto a new section to be designated as section 1314, immediately following section 1313, to read as follows:

       Sec. 1314.  1  The legislative counsel shall revise the Nevada Administrative Code to change any reference to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to refer to the appropriate officer or agency. If any internal reference is made to a section repealed by this act, the legislative counsel shall delete the reference and replace it by reference to the superseding section, if any.


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ê1995 Statutes of Nevada, Page 663 (Chapter 293, SB 432)ê

 

       2.  Any reference in the Nevada Administrative Code to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency shall be deemed to refer to the officer or agency to which the responsibility is transferred.

      Sec. 54.  1.  Sections 6, 18, 21 and 33 of chapter 476, Statutes of Nevada 1993, at pages 1956, 1960, 1962 and 1966, respectively, are hereby amended to read respectively as follows:

       Sec. 6.  “Division” means the consumer affairs division of the department of business and industry.

       Sec. 18.  NRS 598.840 is hereby amended to read as follows:

       598.840  As used in NRS 598.840 to 598.930, inclusive, unless the context otherwise requires:

       1.  “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans’ Day, Thanksgiving Day and Christmas Day.

       2.  “Buyer” means a person who purchases by contract a membership in an organization for buying goods or services at a discount.

       [2.] 3.  “Commissioner” means the commissioner of the consumer affairs division of the department of business and industry.

       [3.] 4.  “Organization for buying goods or services at a discount” or “organization” means a person who, for a consideration, provides or claims to provide a buyer with the ability to purchase goods or services at a price which is represented to be lower than the price generally charged in the area.

       Sec. 21.  NRS 598.940 is hereby amended to read as follows:

       598.940  As used in NRS 598.940 to 598.966, inclusive, and sections 2 to 8, inclusive, of this act, unless the context otherwise requires [:

       1.  “Buyer” means any person who purchases by contract a membership in a membership club.

       2.  “Commissioner” means the commissioner of the division.

       3.  “Division” means the consumer affairs division of the department of business and industry.

   4.  “Membership club” means any club, business, association, organization, partnership or corporation that requires the payment of a membership fee or membership dues from its members in return for goods, services, advice, equipment, usage or any discount privilege, except:

   (a) A nonprofit public or private school, college or university.

   (b) A nonprofit religious, charitable, fraternal, ethnic or any other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).

   (c) A golf, tennis or swimming club in which engaging in one of those sports is the principal activity offered by the club.

   (d) Any other club, business, association, organization, partnership or corporation required to be licensed or certified by a state agency.


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ê1995 Statutes of Nevada, Page 664 (Chapter 293, SB 432)ê

 

   5.  “Pre-sale” means the sale of memberships in a membership club before all amenities, facilities or benefits identified in the contract or sales presentation are available to the buyer.] , the words and terms defined in sections 2 to 8, inclusive, of this act, have the meanings ascribed to them in those sections.

   Sec. 33.  1.  NRS 598.080, 598.085, 598.270 [598.800,] 598.805, 598.810, 598.815, 598.820, 598.825, 598.830, 598.835, 598.837, 598.925 and 598.964 are hereby repealed.

   2.  NRS 598.800 is hereby repealed.

      2.  Chapter 476, Statutes of Nevada 1993, at page 1966, is hereby amended by adding thereto a new section to be designated as section 34, immediately following section 33, to read as follows:

       Sec. 34.  Sections 18 and 21 of this act, and subsection 2 of section 33 of this act, become effective at 12:01 a.m. on October 1, 1993.

      Sec. 55.  Sections 5, 12 and 27 of chapter 477, Statutes of Nevada 1993, at pages 1968, 1972 and 1977, respectively, are hereby amended to read respectively as follows:

       Sec. 5.  NRS 422.383 is hereby amended to read as follows:

       422.383  1.  There is hereby imposed a tax on hospitals at a rate established pursuant to subsection 2.

       2.  The department shall establish the rate of the tax imposed pursuant to subsection 1 [, and make any necessary changes to the state plan for assistance to the medically indigent. The rate of the tax must be:

       (a) Not less than 1 percent nor more than 7 percent on the operating costs of a hospital;

       (b) Not less than 1 percent nor more than 4 percent on the billed charges of a hospital;

       (c) Not more than 100 percent of the state share of the amount of Medicaid payments made to a hospital for services provided to inpatients; or

       (d) Any combination of the rates authorized by paragraphs (a), (b) and (c), except that the total amount of the tax must not exceed the amount that would be generated by a tax at the maximum rate allowed by paragraph (a) or (b) whichever is greater.

       3.  The] in the following manner to generate the amount of revenue authorized by the legislature:

       (a) The tax must be imposed at a rate established by the department on the billed charges to inpatients of the hospital, excluding Medicare patients. The amount generated pursuant to this paragraph must approximate but must not exceed 6 percent of the net revenue from inpatients for all of the hospitals subject to the tax.

       (b) If the amount generated pursuant to paragraph (a) is less than the amount authorized by the legislature, the department shall impose the tax at a rate established by the department on the billed charges to outpatients of the hospitals, excluding Medicare patients. The amount generated pursuant to this paragraph must not exceed 6 percent of the net revenue from outpatients for all of the hospitals subject to the tax.

       3.  Except as otherwise provided in this section the tax must be imposed uniformly on all hospitals and must [, except in the case of a tax imposed pursuant to paragraph (c) of subsection 2,] be paid monthly.


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ê1995 Statutes of Nevada, Page 665 (Chapter 293, SB 432)ê

 

tax imposed pursuant to paragraph (c) of subsection 2,] be paid monthly. [The tax is due within 10 days, excluding Saturdays, Sundays and legal holidays, after notice of the amount of the tax is received by the hospital. A tax imposed pursuant to paragraph (c) of subsection 2 may be paid at the time a Medicaid payment is made to the hospital.]

       4.  The proceeds of the tax imposed pursuant to subsection 1 and any interest and penalties imposed on delinquent payments of the tax must be deposited in the state treasury for credit to the hospital tax and intergovernmental transfer account in the state general fund. The department of human resources shall administer the account.

       5.  The interest and income earned on money in the hospital tax and intergovernmental transfer account, after deducting any applicable charges, must be credited to the account.

       6.  A hospital owned by a county government or a hospital district which as of July 1, 1993, has more than 45 beds shall make an intergovernmental transfer to the hospital tax and intergovernmental transfer account of an amount equal to the amount the hospital would have paid pursuant to the tax imposed by this section.

       7.  Except as otherwise provided in subsection 6, hospitals with 45 or fewer beds and hospitals owned by a federal, state or local government, including a hospital district, are exempt from the tax imposed by this section.

       Sec. 12.  NRS 433A.680 is hereby amended to read as follows:

       433A.680  The expense of diagnostic, medical and surgical services furnished to a client admitted to a division facility by a person not on the staff of the facility, whether rendered while the client is in a general hospital, an outpatient of a general hospital or treated outside any hospital, must be paid by the client, the guardian or relatives responsible pursuant to NRS 433A.610 for his care. [In] Except as otherwise provided in section 3 of this act, in the case of an indigent client or a client whose estate is inadequate to pay the expenses, the expenses must be charged to the county from which the admission to the division facility was made, if the client had, before admission, been a resident of that county. [The] Except as otherwise provided in section 3 of this act, the expense of such diagnostic, medical and surgical services must not in any case be a charge against or paid by the State of Nevada, except when in the opinion of the administrative officer of the division mental health facility to which the client is admitted payment should be made for nonresident indigent clients and money is authorized pursuant to NRS 433.374 or section 123 of [this act] chapter 640, Statutes of Nevada 1993, and the money is authorized in approved budgets.

       Sec. 27.  1.  This section and sections 1 to 4, inclusive, 6 to 11, inclusive, 13 to 19, inclusive, and 21 to 26, inclusive, of this act [becomes] become effective on July 1, 1993.

       2.  Sections 5 and 20 of this act become effective at 12:01 a.m. on July 1, 1993.

       3.  Section 12 of this act becomes effective at 12:02 a.m. on July 1, 1993.

       4.  Sections 1 to 19, inclusive, of this act, expire by limitation on:


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ê1995 Statutes of Nevada, Page 666 (Chapter 293, SB 432)ê

 

       (a) The date on which federal law, regulation or policy causes the department of human resources to be unable to pay hospitals for the treatment of a disproportionate share of indigent patients and other low-income patients at least:

             (1) For July 1, 1993, to June 30, 1994, $65,000,000; and

             (2) For July 1, 1994, to June 30, 1995, $70,000,000; or

       (b) July 1, 1995,

whichever occurs earlier.

       Sec. 56.  Section 1 of chapter 487, Statutes of Nevada 1993, at page 2013, is hereby amended to read as follows:

       Section 1.  NRS 284.173 is hereby amended to read as follows:

       284.173  1.  Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.

       2.  An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.

       3.  For the purposes of this section:

       (a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid under the provisions of NRS 281.160.

       (b) There must be no:

             (1) Withholding of income taxes by the state;

             (2) Industrial insurance coverage provided by the state;

             (3) Participation in group insurance plans which may be available to employees of the state;

             (4) Participation or contributions by either the independent contractor or the state to the public employees’ retirement system;

             (5) Accumulation of vacation leave or sick leave; or

             (6) Unemployment compensation coverage provided by the state if the requirements of NRS 612.085 for independent contractors are met.

       4.  An independent contractor is not in the classified or unclassified service of the state, and has none of the rights or privileges available to officers or employees of the State of Nevada.

       5.  Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the attorney general, and, except as otherwise provided in subsection 7, an executed copy of each contract must be filed with the fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners. The state board of examiners may waive the requirements of this subsection in the case of contracts which are for amounts less than $750.

       6.  Except as otherwise provided in subsection 7, and except contracts entered into by the University and Community College System of Nevada, each proposed contract with an independent contractor must be submitted to the state board of examiners. The contracts do not become effective without the prior approval of the state board of examiners, but the state board of examiners may authorize its clerk to approve contracts which are for amounts less than $2,000 or, in contracts necessary to preserve life and property, for amounts less than $5,000.


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ê1995 Statutes of Nevada, Page 667 (Chapter 293, SB 432)ê

 

effective without the prior approval of the state board of examiners, but the state board of examiners may authorize its clerk to approve contracts which are for amounts less than $2,000 or, in contracts necessary to preserve life and property, for amounts less than $5,000. The state board of examiners shall adopt regulations to carry out the provisions of this section.

       7.  Copies of the following types of contracts need not be filed or approved as provided in subsections 5 and 6:

       (a) Contracts executed by the department of transportation for any work of construction or reconstruction of highways.

       (b) Contracts executed by the state public works board or any other state department or agency for any work of construction or major repairs of state buildings if the contracting process was controlled by the rules of open competitive bidding.

       (c) Contracts executed by the housing division of the department of business and industry.

       (d) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.

       8.  The state board of examiners shall review each contract submitted for approval pursuant to subsection 6 to consider:

       (a) Whether sufficient authority exists to expend the money required by the contract; and

       (b) Whether the service which is the subject of the contract could be provided by a state agency in a more cost-effective manner.

If the contract submitted for approval continues an existing contractual relationship, the board shall ask each agency to ensure that the state is receiving the services that the contract purports to provide.

       9.  If the services of an independent contractor are contracted for to represent an agency of the state in any proceeding in any court, the contract must require the independent contractor to identify in all pleadings the specific state agency which he is representing.

      Sec. 57.  Section 2 of chapter 489, Statutes of Nevada 1993, at page 2016, is hereby amended to read as follows:

       Sec. 2.  NRS 176.145 is hereby amended to read as follows:

       176.145  1.  The report of the presentence investigation must contain:

       (a) Any prior criminal record of the defendant;

       (b) Such information about his characteristics, his financial condition, the circumstances affecting his behavior and the circumstances of the offense, as may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;

       (c) Information concerning the effect that the crime committee by the defendant has had upon the victim, including, but not limited to, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this subsection do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or division and the extent of such information to be included in the report is solely at the discretion of the division;

 


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the extent of such information to be included in the report is solely at the discretion of the division;

       (d) Information concerning whether he has an obligation for the support of a child, and if so, whether he is in arrears in payment on that obligation;

       (e) The results of the evaluation of the defendant conducted pursuant to NRS 484.3796, if an evaluation is required pursuant to that section;

       (f) A recommendation of a definite term of confinement or an amount of fine, or both;

       [(f)] (g) A recommendation, if the division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176.2248; and

       [(g)] (h) Such other information as may be required by the court.

       2.  The division may include in the report such information, without limitation, as it believes will be helpful in imposing sentence, in granting probation or in correctional treatment.

      Sec. 58.  Section 9 of chapter 491, Statutes of Nevada 1993, at page 2021, is hereby amended to read as follows:

       Sec. 9.  Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  It is unlawful for a person to enter into an agreement to act as an intermediary to hold the money of another person pursuant to an exchange of property which is or is purported to be tax free pursuant to 26 U.S.C. § 1031 unless:

       (a) The intermediary is a qualified intermediary as defined in 26 C.F.R. § 1.1031(k)-1(g);

       (b) The money is deposited in a qualified escrow account as defined in 26 C.F.R. § 1.1031(k)-1(g); and

       (c) The money is held in such a manner that it may not be withdrawn from the escrow account without the written approval of the intermediary and the person for whom he is holding the money.

       2.  A person who violates the provisions of this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

       3.  In addition to any other penalty imposed, the court shall order a person who violates subsection 1 to pay a civil penalty of not less than $10,000. The money so collected:

       (a) Must not be deducted from any penal fine imposed by the court;

       (b) Must be stated separately on the court’s docket; and

       (c) Must be remitted forthwith to the administrator of the division of real estate of the department of business and industry.

      Sec. 59.  Sections 14 and 15 of chapter 493, Statutes of Nevada 1993, at pages 2032 and 2033, respectively, are hereby amended to read respectively as follows:

       Sec. 14.  NRS 210.580 is hereby amended to read as follows:

       210.580  1.  A court may commit to the school , and the administration may place in the school, any person between the ages of 12 and 18 years who is found to be delinquent. Before any person is conveyed to the school, the superintendent shall determine whether adequate facilities are available to provide the necessary care to the person.


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the school, the superintendent shall determine whether adequate facilities are available to provide the necessary care to the person. The superintendent shall fix the time at which the person must be delivered to the school. The superintendent shall accept the person unless:

       (a) There are not adequate facilities available to provide the necessary care;

       (b) There is not adequate money available for the support of the school; or

       (c) In the opinion of the superintendent, the person is not suitable for admission to the school

Upon the written request of the superintendent, at any time either before or after commitment to the school, the court may order commitment to a school outside of the State of Nevada which is approved by the board, or to a private institution within the State of Nevada.

       2.  The court may order, when committing a person to the care, custody and control of the school, that the expense of his support and maintenance be paid in whole or in part by his parents, guardian or other person liable for his support and maintenance. Such payments must be paid to the [superintendent,] administrator, who shall immediately deposit the money with the state treasurer for credit to the state general fund.

       3.  The court shall order, before commitment, that the person be given a physical examination, which includes a blood test, test for tuberculosis, urinalysis, and an examination for venereal disease by a physician. The physician shall, within 5 days after the examination, make a written report of the results thereof to the clerk of the juvenile court, if there is one, and otherwise to the county clerk of the county wherein the commitment was ordered. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination. The clerk of the juvenile court or the county clerk, as the case may be, shall immediately forward a copy of the written report to the superintendent.

       Sec. 15.  NRS 210.620 is hereby amended to read as follows:

       210.620  [1.] If any person committed to or otherwise placed in the school appears, either at the time of his commitment or other placement or after becoming an inmate, to be an improper person to be detained in the school, or to be so incorrigible or so incapable of reformation under the discipline of the school as to render his detention detrimental to the interests of the school, the superintendent may [return such person] report that fact to the administrator, who shall recommend a suitable alternative to the committing court.

       [2.  The return of any person to the committing court does not relieve the school of any of its duties or responsibilities under the original commitment, and such commitment continues in full force and effect until it is vacated, modified or set aside by order of the court.]

      Sec. 60.  1.  Sections 7, 12, 13, 18 and 19 of chapter 494, Statutes of Nevada 1993, at pages 2037, 2040, 2042 and 2043, are hereby amended to read respectively as follows:

       Sec. 7.  NRS 108.2679 is hereby amended to read as follows:


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       108.2679  “Registered owner” means [a] :

       1.  A person whose name appears in the files of the manufactured housing division of the department of business and industry as the person to whom the mobile home or manufactured home is registered, but does not include:

       [1.] (a) A creditor who holds title to the mobile home or manufactured home; or

       [2.] (b) The owner or holder of a lien encumbering the mobile home or manufactured home.

       2.  A person whose name appears in the files of the registration division of the department of motor vehicles and public safety as the person to whom the vehicle is registered.

       Sec. 12.  NRS 108.310 is hereby amended to read as follows:

       108.310  Subject to the provisions of NRS 108.315, the lien created in NRS 108.270 to 108.360, inclusive, may be satisfied as follows:

       1.  The lien claimant shall give written notice to the person on whose account the storing, maintaining, keeping, repairing, labor, fuel, supplies, facilities, services or accessories were made, done or given, and to any other person known to have or to claim an interest in the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home, upon which the lien is asserted, and to the:

       (a) Manufactured housing division of the department of business and industry with regard to mobile homes, manufactured homes, and commercial coaches as defined in chapter 489 of NRS; or

       (b) Registration division of the department of motor vehicles and public safety with regard to all other items included in this section.

       2.  In accordance with the terms of a notice so given, a sale by auction may be had to satisfy any valid claim which has become a lien on the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home. The sale must be had in the place where the lien was acquired, or, if that place is manifestly unsuitable for the purpose, at the nearest suitable place.

       3.  After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home to be sold, and stating the name of the owner or person on whose account it is held, and the time and place of the sale, must be published once a week for 3 consecutive weeks in a newspaper published in the place where the sale is to be held, but if no newspaper is published in that place then in some newspaper published in this state and having a general circulation in that place. The sale must not be held less than 22 days after the time of the first publication.

       4.  From the proceeds of the sale the lien claimant who furnished the services, labor, fuel, accessories, facilities or supplies shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of the proceeds must be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home.


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the person to whom he would have been bound to deliver, or justified in delivering, the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home.

       Sec. 13.  NRS 108.315 is hereby amended to read as follows:

       108.315  1.  Any landlord who desires to enforce a lien for unpaid rent or rent and utilities under the provisions of NRS 108.270 to 108.360, inclusive, must within 15 days after the rent is 30 days past due, make a demand in writing upon the registered owner of the recreational vehicle, mobile home or manufactured home, for the amount due, stating that a lien is claimed on the recreational vehicle, mobile home or manufactured home. A copy of the demand must be sent to every holder of a security interest in, and every tenant or subtenant of, the recreational vehicle, mobile home or manufactured home, and to the [manufactured] ;

       (a) Manufactured housing division of the department of business and industry, with regard to mobile homes and manufactured homes; or

       (b) Registration division of the department of motor vehicles and public safety, with regard to recreational vehicles,

by registered or certified mail.

       2.  [For the purpose of obtaining] To obtain the name and address of a holder of a security interest in the recreational vehicle, mobile home or manufactured home, the landlord shall, before making the demand for payment, request that information from the:

       (a) Manufactured housing division of the department of business and industry , with regard to mobile homes, manufactured homes, and commercial coaches as defined in chapter 489 of NRS [.] ; or

       (b) Department of motor vehicles and public safety , with regard to all other vehicles [.

The] ,

and the state agency shall supply that information from its records . [or, if] If the recreational vehicle, mobile home or manufactured home is registered in another state, territory or country, the landlord shall, before making the demand for payment, obtain the information from the appropriate agency of that state, territory or country.

       3.  A landlord who enforces a lien for unpaid rent may recover an amount equal to:

       (a) The amount of the unpaid rent;

       (b) The cost of any advertising and notices required pursuant to NRS 108.270 to 108.360, inclusive;

       (c) The cost and fees ordered by a court in any action contesting the validity of a lien; and

       (d) The cost of a sale, if a sale by auction is made pursuant to the provisions of NRS 108.310.

       4.  No recreational vehicle, mobile home or manufactured home may be sold for delinquent rent or rent and utilities until 4 months have elapsed after the first default in payment, and a notice of lien has been served pursuant to subsection 1. At least 10 days but not more than 30 days before a sale, a written notice of sale by auction must be sent to the registered owner and tenant or subtenant and to every holder of a security interest in the recreational vehicle, mobile home or manufactured home by registered or certified mail stating that a sale by auction of the recreational vehicle, mobile home or manufactured home is to be made pursuant to the provisions of NRS 108.310.


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registered owner and tenant or subtenant and to every holder of a security interest in the recreational vehicle, mobile home or manufactured home by registered or certified mail stating that a sale by auction of the recreational vehicle, mobile home or manufactured home is to be made pursuant to the provisions of NRS 108.310. The written notice of sale by auction must include the time and location of the sale, the amount necessary to satisfy the lien and a description of the legal proceeding available to contest the lien pursuant to NRS 108.350 and 108.355.

       Sec. 18.  Section 4 of Senate Bill No. 199 of this session is hereby amended to read as follows:

      Sec. 4.  NRS 108.272 is hereby amended to read as follows:

      108.272  1.  Except as otherwise provided in subsection 2, the notice of a lien must be given by delivery in person or by registered or certified letter addressed to the last known place of business or abode of [the] :

      (a) The legal owner and registered owner of [, and each] the property.

      (b) Each person who holds a security interest in [,] the property . [, and if]

      (c) If the lien is on a mobile home or manufactured home, each person who is listed in the records of the manufactured housing division of the department of business and industry as holding an ownership or other interest in the home.

If no address is known [then] , the notice must be addressed to that person at the place where the lien claimant has his place of business.

      2.  Any person who claims a lien on aircraft, aircraft equipment or parts shall:

      (a) Within 120 days after he furnishes supplies or services; or

      (b) Within 7 days after he receives an order to release the property,

whichever time is less, serve the legal owner by mailing a copy of the notice of the lien to his last known address, or if no address is known, by leaving a copy with the clerk of the court in the county where the notice is filed.

      3.  The notice must contain:

      (a) An itemized statement of the claim, showing the sum due at the time of the notice and the date when it became due.

      (b) A brief description of the motor vehicle, airplane, motorcycle, motor or airplane equipment, trailer, recreational vehicle, mobile home or manufactured home against which the lien exists.

      (c) A demand that the amount of the claim as stated in the notice, and of any further claim as may accrue, must be paid on or before a day mentioned.

      (d) A statement that unless the claim is paid within the time specified the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, trailer, recreational vehicle, mobile home or manufactured home will be advertised for sale, and sold by auction at a specified time and place.


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manufactured home will be advertised for sale, and sold by auction at a specified time and place.

      4.  The lienholder shall determine a day for the purposes of the demand in paragraph (c) of subsection 3. The day mentioned must be:

      (a) Not less than 10 days after the delivery of the notice if it is personally delivered; or

      (b) Not less than 10 days after the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.

       Sec. 19.  Section 5 of Senate Bill No. 199 of this session is hereby amended to read as follows:

      Sec. 5.  NRS 108.315 is hereby amended to read as follows:

      108.315  1.  Any landlord who desires to enforce a lien for unpaid rent or rent and utilities under the provisions of NRS 108.270 to 108.360, inclusive, must within 15 days after the rent is 30 days past due, make a demand in writing upon the registered owner of the recreational vehicle, mobile home or manufactured home, for the amount due, stating that a lien is claimed on the recreational vehicle, mobile home or manufactured home. A copy of the demand must be sent to every holder of a security interest and every person who is listed in the records of the manufactured housing division of the department of business and industry as holding an ownership or other interest in, and every tenant or subtenant of, the recreational vehicle, mobile home or manufactured home, and to the:

      (a) Manufactured housing division of the department of business and industry, with regard to mobile homes and manufactured homes; or

      (b) Registration division of the department of motor vehicles and public safety, with regard to recreational vehicles,

by registered or certified mail.

      2.  To obtain the name and address of a holder of a security interest or a person who is listed in the records of the manufactured housing division of the department of business and industry as holding an ownership or other interest in the recreational vehicle, mobile home or manufactured home, the landlord shall, before making the demand for payment, request that information from the:

      (a) Manufactured housing division of the department of business and industry, with regard to mobile homes, manufactured homes, and commercial coaches as defined in chapter 489 of NRS; or

      (b) Department of motor vehicles and public safety, with regard to all other vehicles,

and the state agency shall supply that information from its records. If the recreational vehicle, mobile home or manufactured home is registered in another state, territory or country, the landlord shall, before making the demand for payment, obtain the information from the appropriate agency of that state, territory or country.


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ê1995 Statutes of Nevada, Page 674 (Chapter 293, SB 432)ê

 

information from the appropriate agency of that state, territory or country.

      3.  A landlord who enforces a lien for unpaid rent may recover an amount equal to:

      (a) The amount of the unpaid rent;

      (b) The cost of any advertising and notices required pursuant to NRS 108.270 to 108.360, inclusive;

      (c) The cost and fees ordered by a court in any action contesting the validity of a lien; and

      (d) The cost of a sale, if a sale by auction is made pursuant to the provisions of NRS 108.310.

      4.  No recreational vehicle, mobile home or manufactured home may be sold for delinquent rent or rent and utilities until 4 months have elapsed after the first default in payment, and a notice of lien has been served pursuant to subsection 1. At least 10 days but not more than 30 days before a sale, a written notice of sale by auction must be sent to the registered owner and tenant or subtenant and to every holder of a security interest and every person who is listed in the records of the manufactured housing division of the department of business and industry as holding an ownership or other interest in the recreational vehicle, mobile home or manufactured home by registered or certified mail stating that a sale by auction of the recreational vehicle, mobile home or manufactured home is to be made pursuant to the provisions of NRS 108.310. The written notice of sale by auction must include the time and location of the sale, the amount necessary to satisfy the lien and a description of the legal proceeding available to contest the lien pursuant to NRS 108.350 and 108.355.

      2.  Chapter 494, Statutes of Nevada 1993, at page 2044, is hereby amended by adding thereto a new section to be designated as section 20, immediately following section 19, to read as follows:

       Sec. 20.  Sections 7, 12 and 13 of this act become effective at 12:01 a.m. on October 1, 1993.

      Sec. 61.  Sections 26, 40 and 44 of chapter 503, Statutes of Nevada 1993, at pages 2062, 2068 and 2069, respectively, are hereby amended to read respectively as follows:

       Sec. 26.  NRS 422.265 is hereby amended to read as follows:

       422.265  If [the Congress of the United States] Congress passes any law [or laws that have the effect of] increasing the participation of the Federal Government in [the] a Nevada program for public assistance [programs, either as relates] , whether relating to eligibility for assistance or [otherwise, the director is authorized to] otherwise:

       1.  The director may accept, with the approval of the governor, the increased benefits of such congressional legislation [, and the board may formulate such standards as are] ; and

       2.  The administrator may adopt any regulations required by the [Congress of the United States] Federal Government as a condition of acceptance.


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       Sec. 40.  NRS 422.052, 422.157, 422.232, 422.233, 422.234, 422.257 and 422.281 , and section 38.2 of chapter 649, Statutes of Nevada 1993, at page 2786, are hereby repealed.

       Sec. 44.  1.  This section and sections 1 to 25, inclusive, and 27 to 43, inclusive, of this act become effective on July 1, 1993.

       2.  Section 26 of this act becomes effective at 12:01 a.m. on July 1, l993.

       3.  Section 34 of this act expires by limitation if federal law, regulation or policy causes the department of human resources to be unable to make the payments specified in NRS 422.387 from the revenue available for that purpose.

       [3.] 4.  Section 35 of this act expires by limitation if federal law, regulation or policy causes the department of human resources to be unable to make the payments specified in that section from the revenue available for that purpose.

      Sec. 62.  1.  Section 2 of chapter 507, Statutes of Nevada 1993, at page 2088, is hereby amended to read as follows:

       Sec. 2.  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.

       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.

       6.  In a county whose population is 400,000 or more, deputies are governed by the merit personnel system of the county.


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      2.  Chapter 507, Statutes of Nevada 1993, at page 2089, is hereby amended by adding thereto a new section to be designated as section 3, immediately following section 2, to read as follows:

       Sec. 3.  Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1993.

      Sec. 63.  Section 32 of chapter 509, Statutes of Nevada 1993, at page 2111, is hereby amended to read as follows:

       Sec. 32.  NRS 599B.020, 599B.040, 599B.050, 599B.060, 599B.070, 599B.220, 599B.230, 599B.240 and 599B.250, and section 1007 of chapter 466, Statutes of Nevada 1993, at page 1802, are hereby repealed.

      Sec. 64.  1.  Sections 1, 2 and 7 of chapter 511, Statutes of Nevada 1993, at pages 2112 and 2115, are hereby amended to read respectively as follows:

       Section 1.  NRS 433.534 is hereby amended to read as follows:

       433.534  1.  The rights of a client enumerated in this chapter must not be denied except to protect the client’s health and safety or to protect the health and safety of others, or both. Any denial of those rights in any facility must be entered in the client’s record of treatment, and notice of the denial must be forwarded to the administrative officer of the facility. Failure to report denial of rights by an employee may be grounds for dismissal.

       2.  If the administrative officer of a facility [designated by the administrator of the mental hygiene and mental retardation division of the department, or by the administrator of the division of child and family services of the department,] receives notice of a denial of rights as provided in subsection 1, he shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be sent to the [administrator who designated the facility and to the] commission.

       3.  The commission:

       (a) Shall receive reports of and may investigate apparent violations of the rights guaranteed by this chapter;

       (b) May act to resolve disputes relating to apparent violations;

       (c) May act on behalf of clients to obtain remedies for any apparent violations; and

       (d) Shall otherwise endeavor to safeguard the rights guaranteed by this chapter.

       Sec. 2.  NRS 433.554 is hereby amended to read as follows:

       433.554  1.  Any employee of [the division] a public or private mental health facility or any other person , except a client, 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] division facility occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the facility;


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       (c) In 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, 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] , in addition to any other penalties provided by law.

       2.  In addition to any other penalties provided by law, any employee of [the division] a public or private mental health facility or any other person , except a client, 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] and unjustified infliction of pain, injury or mental anguish upon a client, including, but not limited to:

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

             (2) Striking the client;

             (3) Verbal intimidation or coercion of the client without a redeeming purpose;

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

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

Any act [or omission to act] which meets the standard of 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 public or private institution or facility offering mental health services. The term does not include a client of the division of child and family services of the department.

       (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] follow:

             (1) An appropriate plan of treatment [for the client;

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


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             (3) Provide a safe environment for the client.] to which the client has consented; and

             (2) The policies of the facility for the care and treatment of clients. Any [act or] omission to act which meets the standard of practice for care and treatment does not constitute neglect.

       (d) “Standard of practice” [is] means the skill and care ordinarily exercised by prudent [medical personnel.] professional personnel engaged in health care.

       Sec. 7.  NRS 433A.350 is hereby amended to read as follows:

       433A.350  1.  Upon admission to any [division] public or private mental health facility, each client of the facility and the client’s spouse [, parents or other nearest-known adult relative] and legal guardian, if any, must receive a written statement outlining in simple, nontechnical language all procedures for release [procedures] provided by this chapter, setting out all rights accorded to [clients] such a client by this chapter and chapter 433 of NRS, and sections 102 to 136, inclusive, of [this act,] chapter 640, Statutes of Nevada 1993, and , if the client has no legal guardian, describing procedures provided by law for adjudication of incompetency and appointment of a guardian for the client.

       2.  Written information regarding the services provided by and means of contacting the local office of an agency or organization that receives money from the Federal Government pursuant to 42 U.S.C. §§ 10801 et seq., to protect and advocate the rights of persons with mental illnesses must be posted in each public and private mental health facility and provided to each client of such a facility upon admission.

      2.  Chapter 511, Statutes of Nevada 1993, at page 2116, is hereby amended by adding thereto a new section to be designated as section 10, immediately following section 9, to read as follows:

       Sec. 10.  Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1993.

      Sec. 65.  Sections 6 and 9 of chapter 514, Statutes of Nevada 1993, at pages 2133 and 2135, respectively, are hereby amended to read respectively as follows:

       Sec. 6.  NRS 338.147 is hereby amended to read as follows:

       338.147  1.  A public body shall award a contract for a public work to the contractor who submits the best bid.

       2.  Except as otherwise provided by subsection [3] 4 or limited by subsection [4,] 5, for the purposes of this section, a contractor who:

       (a) Has been found to be a responsible contractor by the public body; and

       (b) At the time he submits his bid, provides to the public body proof of the payment of:

             (1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction of not less than $5,000 for each [of the 5 years] consecutive 12-month period for 60 months immediately preceding the submission of his bid;[or]

             (2) The motor vehicle privilege tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business of not less than $5,000 for each [of the 5 years] consecutive 12-month period for 60 months immediately preceding the submission of his bid [,] ; or

 


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less than $5,000 for each [of the 5 years] consecutive 12-month period for 60 months immediately preceding the submission of his bid [,] ; or

             (3)  Any combination of such sales and use taxes and motor vehicle privilege tax,

shall be deemed to have submitted a better bid than a competing contractor who has not [paid the] provided proof of the payment of those taxes if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.

       3.  A contractor who has previously provided the public body awarding a contract with the proof of payment required pursuant to subsection 2 may update such proof on or before April 1, July 1, September 1 and December 1 rather than with each bid.

       4.  If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.

       [4.] 5.  Except as otherwise provided in subsection [5,] 6, if a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.

       [5.] 6.  Except as otherwise provided in subsection [7,] 8, if a bid is submitted by a joint venture and one or more of the joint venturers has responsibility for the performance of the contract as described in subsection [6,] 7, the provisions of subsection 2 apply only to those joint venturers who have such responsibility.

       [6.] 7.  For the purposes of subsection [5,] 6, a joint venturer has responsibility for the performance of a contract if he has at least one of the following duties or obligations delegated to him in writing in the contract creating the joint venture:

       (a) Supplying the labor necessary to perform the contract and paying the labor and any related taxes and benefits;

       (b) Supplying the equipment necessary to perform the contract and paying any charges related to the equipment;

       (c) Contracting with and making payments to any subcontractors; or

       (d) Performing the recordkeeping for the joint venture and making any payments to persons who provide goods or services related to the performance of the contract.

       [7.] 8.  The provisions of subsection [5] 6 do not apply to a joint venture which is formed for the sole purpose of circumventing any of the requirements of this section.

       Sec. 9.  [Section] Sections 3 and 4 of chapter 713, Statutes of Nevada 1991, at page 2375, [is] are hereby repealed.

      Sec. 66.  1.  Sections 6, 15 and 24 of chapter 521, Statutes of Nevada 1993, at pages 2159, 2163 and 2165, respectively, are hereby amended to read respectively as follows:

       Sec. 6.  NRS 388.450 is hereby amended to read as follows:


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       388.450  1.  The legislature declares that the basic support guarantee for each special education program unit established by law for each school year establishes financial resources sufficient to ensure a reasonably equal educational opportunity to [handicapped minors] pupils with disabilities and gifted and talented pupils residing in Nevada.

       2.  Subject to the provisions of NRS 388.440 to 388.520, inclusive, the board of trustees of [a] each school district shall make such special provisions as may be necessary for the education of [handicapped minors.] pupils with disabilities and gifted and talented pupils.

       3.  The board of trustees of a school district shall establish uniform criteria governing eligibility for instruction under the special education programs provided for by NRS 388.440 to 388.520, inclusive. The criteria are subject to such standards as may be prescribed by the state board of education.

       Sec. 15.  (Deleted by amendment.)

       Sec. 24.  Section 49 of chapter 643, Statutes of Nevada 1991, at page 2143, [is] and section 45 of chapter 640, Statutes of Nevada 1993, at page 2692, are hereby repealed.

      2.  Chapter 521, Statutes of Nevada 1993, at page 2165, is hereby amended by adding thereto a new section to be designated as section 23.5, immediately following section 23, to read as follows:

       Sec. 23.5.  Section 202 of chapter 640, Statutes of Nevada 1993, at page 2741, is hereby amended to read as follows:

      Sec. 202.  1.  This section and sections 1 to 44, inclusive, 46 to 84, inclusive, 86 to 168, inclusive, 172 to 175, inclusive, 177 to 201, inclusive, and 203 of this act become effective on July 1, 1993.

      2.  Sections [45,] 169, 170 and 171 of this act become effective at 12:01 a.m. on July 1, 1993.

      3.  Sections 85 and 176 of this act become effective on October 1, 1993.

      Sec. 67.  Sections 11, 18, 59 and 63 of chapter 523, Statutes of Nevada 1993, at pages 2167, 2169, 2190 and 2194, respectively, are hereby amended to read respectively as follows:

       Sec. 11.  1.  At the time an elector registers to vote he must indicate:

       (a) His political party affiliation; or

       (b) That he is not affiliated with a political party.

       2.  If an elector indicates that he is not affiliated with a political party, the county clerk or field registrar of voters shall list the elector’s political party as nonpartisan.

       3.  If an elector indicates an affiliation with a major political party or a minor political party that has filed a certificate of existence with the secretary of state, the county clerk or field registrar of voters shall list the elector’s political party as indicated by the elector.

       4.  If an elector indicates an affiliation with a minor political party that has not filed a certificate of existence with the secretary of state, the county clerk or field registrar of voters shall:

       (a) List the elector’s political party as the party indicated in the affidavit of registration.


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       (b) When compiling data related to voter registration for the county, report the elector’s political party as “other party.”

       Sec. 18.  A person who does not maintain a residence in this state may register to vote for the office of President and Vice President of the United States if he files a sworn statement with the county clerk or field registrar of voters that he is not registered to vote in any other state and provides evidence:

       1.  Of his domicile in this state in accordance with the provisions of NRS 41.191;

       2.  That he maintains an account at a financial institution located in this state; or

       3.  That his motor vehicle is registered in this state.

       Sec. 59.  NRS 293.505 is hereby amended to read as follows:

       293.505  1.  All justices of the peace, except those located in county seats, are ex officio [deputy] field registrars to carry out the provisions of this chapter.

       2.  The county clerk shall appoint at least one registered voter to serve as a [deputy] field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a [deputy] field registrar. A [deputy] field registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.

       3.  A [deputy registrar] field registrar shall demand of any person who applies for registration all information required by the affidavit of registration, and [may] shall administer all oaths required by this chapter.

       4.  When a [deputy] field registrar has in his possession five or more completed affidavits of registration, he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.

       5.  Immediately after the close of registration, each [deputy] field registrar shall forward to the county clerk all completed affidavits in his possession. Within 5 days after the close of registration for a general election or general city election, a [deputy] field registrar shall return all unused affidavits in his possession to the county clerk. If all of the unused affidavits are not returned to the county clerk, the [deputy] field registrar shall account for the unreturned affidavits.

       6.  Each [deputy] field registrar shall submit to the county clerk a list of the serial numbers of the completed affidavits of registration and the names of the electors on those affidavits. The serial numbers must be listed in numerical order.

       7.  Each [deputy] field registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.

       8.  A [deputy] field registrar shall not:

       (a) Delegate any of his duties to another person; or

       (b) Refuse to register a person on account of that person’s political party affiliation.


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       9.  A person shall not hold himself out to be or attempt to exercise the duties of a [deputy] field registrar unless he has been so appointed.

       10.  A county clerk or [deputy] field registrar shall not:

       (a) Solicit a vote for or against a particular question or candidate;

       (b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or

       (c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuring election,

while he is registering an elector.

       11.  When the county clerk receives affidavits of registration from a field registrar he shall issue a receipt to the field registrar. The receipt must include:

       (a) The number of persons registered; and

       (b) The political party of the persons registered.

       12.  A county clerk or field registrar shall not:

       (a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading affidavit or registration;

       (b) Alter or deface an affidavit of registration that has been signed by an elector except to correct information contained in the affidavit after receiving notice from the elector that a change in or addition to the information is required; or

       (c) Register a person who fails to provide satisfactory proof of identification and the address at which he actually resides.

       13.  If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.

       14.  A person who violates any of the provisions of [this section] subsections 8 to 12, inclusive, is guilty of a [misdemeanor.] felony.

       Sec. 63.  NRS 293.524 is hereby amended to read as follows:

       293.524  1.  The department of motor vehicles and public safety shall inquire of each qualified elector who applies in person [to register a motor vehicle,] for the issuance, renewal or correction of any type of driver’s license or for an identification card whether he desires to complete an application to register to vote by use of a single form containing the necessary information required by this chapter and subsection 2.

       2.  If the elector desires to complete an application for registration, he shall complete and sign an affidavit containing the following statement: “I ……………………., do solemnly swear [(] or affirm [)] under penalty of perjury that I am a citizen of the United States and that on the date of the next ensuing election I will have attained the age of 18 years and will have continuously resided in the State of Nevada, county of …………………….., at least 30 days and in my precinct at least 10 days before the next ensuing election. I further swear [(] or affirm [)] under penalty of perjury that the present address I listed herein is my sole legal place of residence and that I claim no other place as my legal residence. I further swear [(] or affirm [)] that I am not now laboring under any felony conviction or other loss of civil rights which would make it unlawful for me to vote.”


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       3.  For the purposes of this section, each employee specifically authorized to do so by the director of the department may oversee the completion of the affidavit and application. The authorized employee shall check the application for completeness and verify the information required by the affidavit of registration. [The authorized employee shall stamp the application for registration to validate it and shall provide the applicant with a receipt verifying the submission of the application.] Each application must include a duplicate copy marked as the receipt to be retained by the affiant upon completion of the form. The department shall, except as otherwise provided in this subsection, forward each such application on a weekly basis to the county clerk or, if applicable, to the registrar of voters of the county in which the applicant resides. During the 2 weeks immediately preceding the close of registration for an election the applications must be forwarded daily.

       4.  Upon receipt of such an application, the county clerk or field registrar of voters shall determine whether the application is complete. If he determines that the application is complete, he shall notify the applicant and the applicant shall be deemed to be registered as of the date of the submission of the application. If he determines that the application is not complete, he shall notify the applicant [by mail at the mailing address stated on the application] of the additional information required. The applicant shall be deemed to be registered as of the date of the initial submission of the application if the additional information is provided within [30] 15 days after the notice for the additional information is mailed. If the applicant has not provided the additional information within [30] 15 days after the notice for the additional information is mailed, the incomplete application is void. Any notification required by this subsection must be given by mail at the mailing address on the application not more than 7 working days after the determination is made concerning whether the application is complete.

       5.  The secretary of state shall, with the approval of the director of the department of motor vehicles and public safety, adopt regulations which:

       (a) Establish any procedure necessary to provide an elector who applies to the register to vote pursuant to this suction the opportunity to do so;

       (b) Provide for the form of the application of registration to be used by the department of motor vehicles and public safety; and

       (c) Provide for the transfer of the completed applications of registration from the department of motor vehicles and public safety to the appropriate county clerk [or registrar of voters] for inclusion in the election board registers and registrar of voters’ register.

      Sec. 68.  Section 6 of chapter 528, Statutes of Nevada 1993, at page 2210, is hereby amended to read as follows:

       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 the following positions or their designees:

       (a) The senate fiscal analyst;


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ê1995 Statutes of Nevada, Page 684 (Chapter 293, SB 432)ê

 

       (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 division of the department of employment, training and rehabilitation or, if that position ceases to exist, the position deemed by the administrator of the employment security division 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;

       (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 reasonable 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:


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ê1995 Statutes of Nevada, Page 685 (Chapter 293, SB 432)ê

 

       (a) Meeting rooms;

       (b) Staff;

       (c) Data processing services; and

       (d) Clerical assistance.

      Sec. 69.  1.  Chapter 530, Statutes of Nevada 1993, at page 2214, is hereby amended by adding thereto a new section to be designated as section 2.5, immediately following section 2, to read as follows:

       Sec. 2.5.  Section 5 of chapter 595, Statutes of Nevada 1993, at page 2481, is hereby amended to read as follows:

      Sec. 5.  NRS 482.480 is hereby amended to read as follows:

      482.480  There must be paid to the department for the registration [,] or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      1.  For each stock passenger care 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 reinstate the registration of a motor vehicle suspended pursuant to NRS 485.383 a fee of $100, which must be [accounted for] deposited 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.] to carry out the provisions of NRS 485.383 and sections 10 to 15, inclusive, of this act.

      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.

      2.  Section 3 of chapter 530, Statutes of Nevada 1993, at page 2214, is hereby amended to read as follows:

       Sec. 3.  Section 1 of chapter 157, Statutes of Nevada 1993, at page 270, 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 or the transfer or reinstatement of the 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.


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ê1995 Statutes of Nevada, Page 686 (Chapter 293, SB 432)ê

 

      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 deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.383 and sections 10 to 15, inclusive, of [this act.] chapter 595, Statutes of Nevada.

      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.

      3.  Chapter 530, Statutes of Nevada 1993, at page 2214, is hereby amended by adding thereto new sections to be designated as sections 3.1 to 3.4, inclusive, immediately following section 3, to read respectively as follows:

       Sec. 3.1.  Section 1 of chapter 406, Statutes of Nevada 1993, at page 1321, 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 or the transfer or reinstatement of the 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 for each motorcycle other than a trimobile, 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.  Except as otherwise provided in NRS 485.383, to reinstate the registration of a motor vehicle suspended pursuant to that section, a fee of $100, which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.383 and sections 10 to 15, inclusive, of chapter 595, Statutes of Nevada 1993.

      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. 3.2.  Section 11 of chapter 433, Statutes of Nevada 1993, at page 1392, is hereby amended to read as follows:

      Sec. 11.  NRS 482.480 is hereby amended to read as follows:

      482.480  There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

 


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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 each motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, 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.  Except as otherwise provided in NRS 485.383, to reinstate the registration of a motor vehicle suspended pursuant to that section [, a] :

      (a) A fee of $100 [,] for a registered owner who failed to have a contract of insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.383; or

      (b) A fee of $50 for a registered owner who had a contract of insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.383, but failed to return the form within the time specified in that subsection,

both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.383 and sections 10 to 15, inclusive, of chapter 595, Statutes of Nevada 1993.

      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. 3.3.  Sections 31 and 32 of chapter 595, Statutes of Nevada 1993, at pages 2493 and 2494, respectively, are hereby repealed.

       Sec 3.4  Section 34 of chapter 595, Statutes of Nevada 1993, at page 2494, is hereby amended to read as follows:

      Sec. 34.  1.  This section and sections 1, 2, 5, 8 to 11, inclusive, 14, 15, 18, 25 [and 28 to 33, inclusive,] , 28, 29, 30 and 33 of this act become effective upon passage and approval.

      2.  Sections 3, 4, 6, 16, 17, 19 to 23, inclusive, and 26 of this act become effective on October 1, 1993.

      3.  Sections 7, 12, 13, 24 and 27 of this act become effective on July 1, 1994.

      Sec. 70.  Chapter 533, Statutes of Nevada 1993, at page 2237, is hereby amended by adding thereto a new section to be designated as section 47.5, immediately following section 47, to read as follows:

       Sec. 47.5.  Section 135 of chapter 640, Statutes of Nevada 1993, at page 2713, is hereby amended to read as follows:


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      Sec. 135.  1.  Any employee of the division or other person who:

      (a) Has reason to believe that a client 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) “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


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             (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.

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

      Sec. 71.  Sections 1, 2 and 3 of chapter 536, Statutes of Nevada 1993, at pages 2241 and 2242, are hereby amended to read respectively 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 and Community College System of Nevada 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.

       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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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 and Community College System of Nevada 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 and Community College System of Nevada 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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taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.

       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. 72.  1.  Section 4 of chapter 539, Statutes of Nevada 1993, at page 2247, is hereby amended to read as follows:

       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.

       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;

             (9) Public convention facilities which are financed at least in part with public funds; and


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ê1995 Statutes of Nevada, Page 692 (Chapter 293, SB 432)ê

 

             (10) 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.

      2.  Chapter 539, Statutes of Nevada 1993, at page 2249, is hereby amended by adding thereto a new section to be designated as section 7, immediately following section 6, to read as follows:

       Sec. 7.  Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1993.

      Sec. 73.  Section 2 of chapter 549, Statutes of Nevada 1993, at page 2268, is hereby amended to read as follows:

       Sec. 2.  NRS 452.380, 684A.244, 684A.246 and 689.710 , section 1298 of chapter 466, Statutes of Nevada 1993, at page 1924, and section 26 of chapter 647, Statutes of Nevada 1993, at page 2754, are hereby repealed.

      Sec. 74.  1.  Sections 4, 8 and 12 of chapter 551, Statutes of Nevada 1993, at pages 2272, 2276 and 2278, respectively, are hereby amended to read respectively as follows:

       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.

       3.  “Division” means the consumer affairs division of the department of business and industry.

       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.


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ê1995 Statutes of Nevada, Page 693 (Chapter 293, SB 432)ê

 

             (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.

             (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

       (c) A person licensed pursuant to chapter 463 of NRS.

       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 . [;


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ê1995 Statutes of Nevada, Page 694 (Chapter 293, SB 432)ê

 

       (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

       (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 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.

       5.  The division may bring an action for interpleader against all claimants upon the [security.] bond. If it does so, the division must publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county where the organization has its principal place of business. The division is entitled to deduct its costs of the action, including publication costs, from the amount of the [security.] bond. Claims against the [security.] bond have equal priority. If the [security] bond is insufficient to pay the claims in full, they must be paid pro rata. [In the case of a bond, the] The surety is then relieved of all liability under the bond.

       6.  The division may, in lieu of bringing an action for interpleader pursuant to subsection 5, conduct a hearing to determine the distribution of the [security] bond to claimants. The division shall adopt regulations to provide for adequate notice and the conduct of the hearing. Distribution pursuant to this subsection relieves the surety of all liability under the bond.

       7.  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.

       8.  The division may apply for injunctive relief to require the organization to register or to deposit and maintain the [security] bond required by this section.

       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.


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ê1995 Statutes of Nevada, Page 695 (Chapter 293, SB 432)ê

 

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.

       3.  Any violation of NRS 598.282 to 598.286, inclusive, or section 2 or 3 of this act, constitutes a deceptive trade practice for the purposes of NRS 598.360 to 598.640, inclusive.

      2.  Chapter 551, Statutes of Nevada 1993, at page 2278, is hereby amended by adding thereto a new section to be designated as section 13, immediately following section 12, to read as follows:

       Sec. 13.  Sections 4, 8 and 12 of this act become effective at 12:01 a.m. on October 1, 1993.

      Sec. 75.  Section 9 of chapter 565, Statutes of Nevada 1993, at page 2325, is hereby amended to read as follows:

       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;

       (c) For business licenses which are calculated as a fraction or percentage of the gross revenue of the business; or

       (d) Imposed pursuant to section 13 of [this act.] chapter 368, Statutes of Nevada 1993, or section 6, 7 or 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. The provisions of this subsection do not apply to a fee imposed pursuant to section 13 of [this act.]


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ê1995 Statutes of Nevada, Page 696 (Chapter 293, SB 432)ê

 

section 13 of [this act.] chapter 368, Statutes of Nevada 1993, or section 6, 7 or 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.

      Sec. 76.  Sections 7 and 13 of chapter 569, Statutes of Nevada 1993, at pages 2334 and 2338, respectively, are hereby amended to read respectively as follows:

       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 business and industry 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.

       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.


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ê1995 Statutes of Nevada, Page 697 (Chapter 293, SB 432)ê

 

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. 13.  [Section] Sections 7 and 12 of this act [becomes] become effective at 12:01 a.m. on October 1, 1993.

      Sec. 77.  Section 2 of chapter 570, Statutes of Nevada 1993, at page 2338, is hereby amended to read as follows:

       Sec. 2.  The department of transportation, in cooperation with the telecommunications division of the department of [general] information 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:

       (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 legislative counsel bureau on or before January 3, 1995, for distribution to the 68th session of the Nevada legislature.

      Sec. 78.  Section 2 of chapter 572, Statutes of Nevada 1993, at page 2349, is hereby amended to read as follows:

       Sec. 2.  NRS 533.370 is hereby amended to read as follows:

       533.370  1.  Except as otherwise provided in NRS 533.345, 544.371 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]


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ê1995 Statutes of Nevada, Page 698 (Chapter 293, SB 432)ê

 

       (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 a 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 requested permit. 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.  If a hearing is held regarding an application, the decision of the state engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. 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. Except as otherwise provided in subsection 6, 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 subsection 1, 2 and 3 do not apply to an application for an environmental permit.

       6.  The provisions of subsection 4 do not authorize the recipient of an approved application to use any state land administered by the division of state lands of the state department of conservation and natural resources without the appropriate authorization for such a use from the state land registrar.


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ê1995 Statutes of Nevada, Page 699 (Chapter 293, SB 432)ê

 

resources without the appropriate authorization for such a use from the state land registrar.

      Sec. 79.  1.  Section 1 of chapter 576, Statutes of Nevada 1993, at page 2406, is hereby amended to read as follows:

       Section 1.  NRS 293.560 is hereby amended to read as follows:

       293.560  1.  Except as otherwise provided in section 16 of [this act,] chapter 523, Statutes of Nevada 1993, registration must close at 9 p.m. on the fifth Saturday preceding any primary or general election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary or general election, or primary or general city election, registration must close at 9 p.m. on the fifth Saturday preceding the day of the elections.

       2.  The offices of the county clerk and ex officio registrars must be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration, according to the following schedule:

       (a) In a county whose population is less than 100,000, those offices must be open during the last 3 days before registration closes.

       (b) In all other counties, those offices must be open during the last 5 days before registration closes.

       3.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

       (a) The county clerk of each county shall cause a notice signed by him to be published in a newspaper having a general circulation in the county indicating the day that registration will be closed. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this state.

       (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

       4.  The offices of the county clerk and ex officio registrars may remain open on October 31 in each even-numbered year.

      2.  Chapter 576, Statutes of Nevada 1993, at page 2409, is hereby amended by adding thereto a new section to be designated as section 9, immediately following section 8, to read as follows:

       Sec. 9.  Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1993.

      Sec. 80.  Section 12 of chapter 587, Statutes of Nevada 1993, at page 2444, is hereby amended to read as follows:

       Sec. 12.  NRS 277.055 is hereby amended to read as follows:

       277.055  1.  As used in this section:

       (a) “Medical facility” has the meaning ascribed to it in NRS 449.0151.

       (b) “Nonprofit medical facility” means a nonprofit medical facility in this or another state.

       (c) “Public agency” has the meaning ascribed to it in NRS 277.100, and includes any municipal corporation.

       2.  Any two or more public agencies or nonprofit medical facilities may enter into a cooperative agreement for the purchase of insurance or the establishment of a self-insurance reserve or fund for coverage under a plan of:

 


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ê1995 Statutes of Nevada, Page 700 (Chapter 293, SB 432)ê

 

the establishment of a self-insurance reserve or fund for coverage under a plan of:

       (a) Casualty insurance, [other than workmen’s compensation and employer’s liability,] as that term is defined in NRS 681A.020;

       (b) Marine and transportation insurance, as that term is defined in NRS 681A.050;

       (c) Property insurance, as that term is defined in NRS 681A.060;

       (d) Surety insurance, as that term is defined in NRS 681A.070;

       (e) Health insurance, as that term is defined in NRS 681A.030; or

       (f) Insurance for any combination of these kinds.

       3.  Every such agreement must:

       (a) Be ratified by formal resolution or ordinance of the governing body or board of trustees of each agency or nonprofit medical facility included;

       (b) Be included in the minutes of each governing body or board of trustees, or attached in full to the minutes as an exhibit;

       (c) Be submitted to the commissioner of insurance for approval in the manner provided by NRS 277.150; and

       (d) If a public agency is a party to the agreement, comply with the provisions of NRS 277.080 to 277.180, inclusive.

       4.  Each participating agency or nonprofit medical facility shall provide for any expense to be incurred under any such agreement.

      Sec. 81.  Chapter 593, Statutes of Nevada 1993, at page 2478, is hereby amended by adding thereto a new section to be designated as section 6.5, immediately following section 6, to read as follows:

       Sec. 6.5.  NRS 200.364 is hereby amended to read as follows:

       200.364  As used in [this section and NRS 200.366 and 200.368,] NRS 200.364 to 200.375, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires:

       1.  “Perpetrator” means a person who commits a sexual assault.

       2.  “Sexual penetration” means cunnilingus, fellatio, or any intrusion, however slight, of any part of a person’s body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning.

       3.  “Statutory sexual seduction” means:

       (a) Ordinary sexual intercourse, anal intercourse, cunnilingus or fellatio committed by a person 18 years of age or older with a person under the age of 16 years; or

       (b) Any other sexual penetration committed by a person 18 years of age or older with a person under the age of 16 years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of either of the persons.

       4.  “Victim” means a person who is subjected to a sexual assault.

      Sec. 82.  Sections 3, 22 and 34 of chapter 595, Statutes of Nevada 1993, at pages 2480, 2487 and 2494, respectively, are hereby amended to read respectively as follows:

       Sec. 3.  NRS 482.215 is hereby amended to read as follows:


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ê1995 Statutes of Nevada, Page 701 (Chapter 293, SB 432)ê

 

       482.215  1.  All applications for registration, except applications for renewal of registration, must be made as provided in this section.

       2.  Applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department.

       3.  Each application must be made upon the appropriate form furnished by the department and contain:

       (a) The signature of the owner.

       (b) His residential address.

       (c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.

       (d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.

       (e) Proof satisfactory to the department that the applicant has provided the security required by NRS 485.185 and his signed declaration that he will maintain the security during the period of registration.

       (f) If the security is provided by a contract of insurance, evidence of that insurance provided by the insurer in the form of:

             (1) A certificate of insurance on a form approved by the commissioner of insurance [,] ; or

             (2) A card issued pursuant to NRS 690B.023 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 purpose of an application for his original or any renewed registration.


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ê1995 Statutes of Nevada, Page 702 (Chapter 293, SB 432)ê

 

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.

       Sec. 22.  NRS 485.326 is hereby amended to read as follows:

       485.326  1.  The department shall suspend the:

       (a) License of any person convicted of violating the provisions of subsection 1 of NRS 485.187; and

       (b) Registration of the vehicle for which the person failed to provide [proof of financial responsibility.] evidence of security.

       2.  Any license or registration suspended pursuant to subsection 1 must remain suspended until the person shows proof of financial responsibility as set forth in NRS 485.307. [He] The person shall maintain proof of financial responsibility for 3 years after the reinstatement of his license and registration in accordance with the provisions of this chapter, and if he fails to do so, the division shall suspend any license or registration previously suspended pursuant to subsection 1.

       Sec. 34.  1.  This section and sections 1, 2, 5, 8 to 11, inclusive, 14, 15, 18, 25, 28, 29, 30 and 33 of this act become effective upon passage and approval.

       2.  Sections [3,] 4, 6, 16, 17, 19 to 23, inclusive, and 26 of this act become effective on October 1, 1993.

       3.  Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1993.

       4.  Sections 7, 12, 13, 24 and 27 of this act become effective on July 1, 1994.

      Sec. 83.  Section 2 of chapter 598, Statutes of Nevada 1993, at page 2498, is hereby amended to read as follows:

       Sec. 2.  NRS 228.410 is hereby amended to read as follows:

       228.410  1.  The attorney general has primary jurisdiction to investigate and prosecute violations of NRS 422.540 to 422.570, inclusive, and any fraud in the administration of the plan or in the provision of medical assistance. The provisions of this section notwithstanding, the welfare division of the department of human resources shall enforce the plan and any administrative regulations adopted pursuant thereto.

       2.  For this purpose, he shall establish within his office the Medicaid fraud control unit. The unit must consist of a group of qualified persons, including, without limitation, an attorney, an auditor and an investigator [.] who, to the extent practicable, has expertise in nursing, medicine and the administration of medical facilities.

       3.  The attorney general, acting through the unit established pursuant to subsection 2:

       (a) Is the single state agency responsible for the investigation and prosecution of violations of NRS 422.540 to 422.570, inclusive;


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ê1995 Statutes of Nevada, Page 703 (Chapter 293, SB 432)ê

 

       (b) Shall review reports of abuse or criminal neglect of patients in medical facilities which receive payments under the plan and, when appropriate, investigate and prosecute the persons responsible;

       (c) May review and investigate reports of misappropriation of money from the personal resources of patients in medical facilities which receive payments under the plan and, when appropriate, prosecute the persons responsible;

       (d) Shall cooperate with federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving fraud in the provision or administration of medical assistance pursuant to the plan, and provide those federal officers with any information in his possession regarding such an investigation or prosecution; and

       (e) Shall protect the privacy of patients and establish procedures to prevent the misuse of information obtained in carrying out this section.

       4.  When acting pursuant to NRS 228.175 or this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.

       5.  As used in this section:

       (a) “Medical facility” has the meaning ascribed to it in NRS 449.0151.

       (b) “Plan” means the state plan for the medically indigent established pursuant to section 7 of [this act.] chapter 503, Statutes of Nevada 1993.

      Sec. 84.  1.  Sections 5, 8, 15, 37, 38, 44, 50, 54, 55, 57 and 65 of chapter 609, Statutes of Nevada 1993, at pages 2520, 2521, 2523, 2530, 2533, 2538, 2540, 2541 and 2542, are hereby amended to read respectively as follows:

       Sec. 5.  1.  The following persons have the powers of a peace officer:

       (a) The chief parole and probation officer appointed pursuant to NRS 213.1092.

       (b) Assistant parole and probation officers appointed pursuant to NRS 213.1095.

       2.  A juvenile probation officer or assistant juvenile probation officer whose official duties require him to enforce court orders on juvenile offenders and make arrests has the same powers as a peace officer when performing duties pursuant to NRS 213.220 to 213.290, inclusive, or chapter 62 or 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.

       3.  A director of juvenile services has the powers of a peace officer in his judicial district when performing duties pursuant to NRS 213.220 to 213.290, inclusive, or chapter 62 or 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.

       4.  The chief of the youth parole bureau of the division of child and family services in the department of human resources and the parole officers of the bureau have the powers of a peace officer in carrying out the functions of the bureau.

       5.  A director of a department of family, youth and juvenile services established pursuant to section 4 of chapter 407, Statutes of Nevada 1993, has the powers of a peace officer in the county when carrying out duties pursuant to chapter 62 of NRS, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while carrying out those duties.


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ê1995 Statutes of Nevada, Page 704 (Chapter 293, SB 432)ê

 

1993, has the powers of a peace officer in the county when carrying out duties pursuant to chapter 62 of NRS, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while carrying out those duties.

       Sec. 8.  1.  A legislative police officer of the State of Nevada has the powers of a peace officer when carrying out duties prescribed by the legislative commission.

       2.  A police officer employed pursuant to subsection 1 of NRS 331.060 by the chief of the buildings and grounds division of the department of administration has the powers of a peace officer.

       Sec. 15.  1.  A person designated by the administrator of the division of agriculture of the department of business and industry as a field agent or an inspector pursuant to subsection 2 of NRS 561.225 has the powers of peace officers to make investigations and arrests and to execute warrants of search and seizure, and may temporarily stop the movement of livestock and carcasses for purposes of inspection.

       2.  An inspector of the state board of sheep commissioners and his deputies have the powers of a peace officer.

       3.  An officer appointed by the Nevada junior livestock show board pursuant to NRS 563.120 has the powers of a peace officer for the preservation of order and peace on the grounds and in the buildings and the approaches thereto of the livestock shows and exhibitions that the board conducts.

       4.  In carrying out the provisions of chapter 565 of NRS, an inspector of the division of agriculture has the powers of a peace officer to make investigations and arrests and to execute warrants of search and seizure. This subsection does not authorize any inspector to retire under the public employees’ retirement system before having attained the minimum service age of 60 years.

       Sec. 37  NRS 331.060 is hereby amended to read as follows:

       331.060  1.  The chief shall, within the limits of legislative appropriations, employ such clerks, engineers, electricians, painters, mechanics, janitors, gardeners, police officers and other persons as may be necessary to carry out the provisions of NRS 331.010 to 331.150, inclusive. [Police officers employed by the chief have the powers of peace officers.]

       2.  The employees shall perform duties as assigned by the chief.

       3.  The chief is responsible for the fitness and good conduct of all employees.

       Sec. 38.  NRS 331.140 is hereby amended to read as follows:

       331.140  [1.] The chief shall take proper care to prevent any theft, trespass on, or injury to the Capitol Building or its appurtenances, or any other building or part thereof under his supervision and control, and if any such theft, trespass or injury is committed, he shall cause the offender to be prosecuted therefor.

       [2.  For any criminal offense committed in any part of the Capitol Building or the grounds appurtenant thereto, or in any other building or part thereof under the supervision and control of the chief, the chief and his watchmen have the same power to make arrests as the police officers of Carson City.


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ê1995 Statutes of Nevada, Page 705 (Chapter 293, SB 432)ê

 

his watchmen have the same power to make arrests as the police officers of Carson City.

       3.  The chief may arm his watchmen and, in case of emergency, may arm and detail as watchmen for extra duty such employees in his department as, in his judgment, the emergency requires for the proper protection of the state property under his supervision and control.]

       Sec. 44.  NRS 463.140 is hereby amended to read as follows:

       463.140  1.  The provisions of this chapter with respect to state gaming licenses and manufacturer’s, seller’s and distributor’s licenses must be administered by the board and the commission, which shall administer them for the protection of the public and in the public interest in accordance with the policy of this state.

       2.  The board and the commission and their agents may:

       (a) Inspect and examine all premises wherein gaming is conducted or gambling devices or equipment are manufactured, sold or distributed.

       (b) Inspect all equipment and supplies in, upon or about such premises.

       (c) Summarily seize and remove from such premises and impound any equipment, supplies, documents or records for the purpose of examination and inspection.

       (d) Demand access to and inspect, examine, photocopy and audit all papers, books and records of any applicant or licensee, on his premises, or elsewhere as practicable, and in the presence of the applicant or licensee, or his agent, respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy or any of the provisions of this chapter.

       (e) Demand access to and inspect, examine, photocopy and audit all papers, books and records of any affiliate of a licensee whom the board or commission knows or reasonably suspects is involved in the financing, operation or management of the licensee. The inspection, examination, photocopying and audit may take place on the affiliate’s premises or elsewhere as practicable, and in the presence of the affiliate or its agent.

       3.  For the purpose of conducting audits after the cessation of gaming by a licensee, the former licensee shall furnish, upon demand of an agent of the board, books, papers and records as necessary to conduct the audits. The former licensee shall maintain all books, papers and records necessary for audits for 1 year after the date of the surrender or revocation of his gaming license. If the former licensee seeks judicial review of a deficiency determination or files a petition for a redetermination, he must maintain all books, papers and records until a final order is entered on the determination.

       4.  The board may investigate, for the purpose of prosecution, any suspected criminal violation of the provisions of this chapter, chapter 205 of NRS involving a crime against the property of a gaming licensee, or chapter 462, 463B, 464, 465 or 466 of NRS. [For the purpose of the administration and enforcement of those provisions, the members of the board and commission and those agents of the board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, have the powers of a peace officer of this state.


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ê1995 Statutes of Nevada, Page 706 (Chapter 293, SB 432)ê

 

include the enforcement, or the investigation of suspected violations, of statutes or regulations, have the powers of a peace officer of this state.

       5.  An agent of the board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, and who has been certified by the peace officers’ standards and training committee, also has the powers of a peace officer of this state when, during the performance of those duties:

       (a) A felony, gross misdemeanor or misdemeanor is committed or attempted in his presence; or

       (b) He is given reasonable cause to believe that a person has committed a felony or gross misdemeanor outside of his presence.

       6.  For the purpose of protecting members of the board and of the commission and their families and property, and providing security at meetings of the board and of the commission, those agents of the board whose duties include the enforcement of statutes or regulations have the powers of a peace officer of this state.

       7.] 5.  The board and the commission or any of its members has full power and authority to issue subpoenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The board or the commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the board or commission is guilty of perjury. The board and commission or any member thereof may appoint hearing examiners who may administer oaths and receive evidence and testimony under oath.

       Sec. 50.  NRS 481.054 is hereby amended to read as follows:

       481.054  The [following officers and employees of state and local government must be certified by the committee:

       1.  The bailiff of the supreme court;

       2.  The bailiffs of the district courts, justices’ courts and municipal courts whose duties require them to carry weapons and make arrests;

       3.  Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;

       4.  Constables and their deputies whose official duties require them to carry weapons and make arrests;

       5.  Personnel of the Nevada highway patrol appointed to exercise the police powers specified in NRS 481.150 and 481.180;

       6.  Inspectors employed by the public service commission of Nevada who exercise those powers of enforcement conferred by chapters 704, 705 and 706 of NRS;

       7.  Marshals, policemen and correctional officers of cities and towns;

       8.  Parole and probation officers;

       9.  Special investigators who are employed full time by the office of any district attorney or the attorney general;

       10.  Investigators of arson for fire departments who are specially designated by the appointing authority;


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ê1995 Statutes of Nevada, Page 707 (Chapter 293, SB 432)ê

 

       11.  Members of the police department of the University and Community College System of Nevada;

       12.  The assistant and deputies of the state fire marshal;

       13.  The brand inspectors of the division of agriculture of the department of business and industry who exercise the powers of enforcement conferred in chapter 565 of NRS;

       14.  Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;

       15.  The superintendents and correctional officers of the department of prisons;

       16.  Employees of the division of state parks of the state department of conservation and natural resources designated by the administrator of the division who exercise police powers specified in NRS 407.065;

       17.  School police officers employed by the board of trustees of any county school district;

       18.  Agents of the state gaming control board who:

       (a) Exercise the powers of enforcement specified in NRS 463.140 or 463.1405; or

       (b) Investigate a violation of a provision of chapter 205 of NRS in the form of a crime against property of a gaming licensee,

except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

       19.  The chief, investigators and agents of the investigation division of the department of motor vehicles and public safety;

       20.  Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.048;

       21.  Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.0481;

       22.  The personnel of the division of wildlife of the state department of conservation and natural resources who exercise those powers of enforcement conferred by Title 45 and chapter 488 of NRS;

       23.  Legislative police officers of the State of Nevada;

       24.  Police officers of the buildings and grounds division of the department of general services;

       25.  Parole counselors of the division of child and family services of the department of human resources;

       26.  Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada or by a department of family, youth and juvenile services established pursuant to section 4 of Assembly Bill No. 654 of this session whose official duties require them to enforce court orders on juvenile offenders and make arrests;

       27.  Field investigators of the taxicab authority;

       28.  Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests; and


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ê1995 Statutes of Nevada, Page 708 (Chapter 293, SB 432)ê

 

       29.  Forensic technicians and correctional officers employed in the program for mentally disordered offenders of the mental hygiene and mental retardation division of the department of human resources.] persons upon whom some or all of the powers of a peace officer are conferred pursuant to sections 2 to 23, inclusive, of this act must be certified by the committee, except:

       1.  The chief parole and probation officer;

       2.  The director of the department of prisons;

       3.  The state fire marshal;

       4.  The director of the department of motor vehicles and public safety, the deputy directors of the department, and the chiefs of the divisions of the department other than the investigation division;

       5.  The commissioner of insurance and his chief deputy;

       6.  Railroad policemen; and

       7.  California correctional officers.

       Sec. 54.  NRS 501.349 is hereby amended to read as follows:

       501.349  Regular employees and others designated by the administrator as game wardens shall enforce all provisions of this Title and of chapter 488 of NRS. [Game wardens are peace officers for the purposes of:

       1.  The service of such legal process, including warrants and subpoenas, as may be required in the enforcement of this Title and of chapter 488 of NRS.

       2.  The enforcement of all laws of the State of Nevada while they are performing their duties pursuant to this Title and chapter 488 of NRS.]

       Sec. 55.  NRS 561.225 is hereby amended to read as follows:

       561.225  1.  The administrator shall appoint such technical, clerical and operational staff as the execution of his duties and the operation of the division may require.

       2.  The administrator may designate such division personnel as are required to be field agents and inspectors in the enforcement of the provisions of Titles 49 and 50 of NRS . [, and while so serving this person or persons have the powers of peace officers to make investigations and arrests and to execute warrants of search and seizure, and may temporarily stop the movement of livestock and carcasses for purposes of inspection.] Nothing in this subsection authorizes any division personnel so designated by the administrator to retire from the public employees’ retirement system before having attained the minimum service retirement age of 60 years.

       Sec. 57.  NRS 565.155 is hereby amended to read as follows:

       565.155  [1.  In carrying out the provisions of this chapter, any inspector of the division has the power of a peace officer to make investigations and arrests and to execute warrants of search and seizure.

       2.  The] In addition to enforcing the provisions of this chapter through its inspectors, the division may:

       [(a)] 1.  Authorize other peace officers to enforce the provisions of the chapter; and


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ê1995 Statutes of Nevada, Page 709 (Chapter 293, SB 432)ê

 

       [(b)] 2.  Adopt regulations specifying the procedures for the enforcement of the provisions of this chapter by the inspectors of the division and other peace officers.

       [3.  This section does not authorize any inspector to retire under the public employees’ retirement system before having attained the minimum service age of 60 years.]

       Sec. 65.  1.  Sections 28, 30 37, 38, 43 [and] , 54, 55, 57, 64 and 64.5 of this act become effective at 12:01 a.m. on October 1, 1993.

       2.  Section 50 of this act becomes effective at 12:02 a.m. on October 1, 1993.

      2.  Chapter 609, Statutes of Nevada 1993, at page 2542, is hereby amended by adding thereto a new section to be designated as section 64.5, immediately following section 64, to read as follows:

       Sec. 64.5  Section 4 of chapter 407, Statutes of Nevada 1993, at page 1322, is hereby amended to read as follows:

      Sec. 4.  1.  The board of county commissioners may by ordinance establish a department of family, youth and juvenile services.

      2.  The department:

      (a) Shall administer the provisions of services relating to the delinquency and the abuse and neglect of children with respect to matters arising pursuant to this chapter or otherwise within the jurisdiction of the juvenile court; and

      (b) May carry out programs relating to the prevention of juvenile delinquency.

      3.  The board of county commissioners may appoint a director of the department. The director serves at the pleasure of the board.

      4.  [The director of the department has the powers of a peace officer in the county when carrying out duties pursuant to this chapter, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while carrying out those duties.

      5.] As used in this section, “matter otherwise within the jurisdiction of the juvenile court” includes any proceeding that would be within the jurisdiction of the juvenile division of the district court if it were pending in a judicial district in which a family court has not been established.

      Sec. 85.  Section 2 of chapter 614, Statutes of Nevada 1993, at page 2553, is hereby amended to read as follows:

       Sec. 2.  NRS 332.035 is hereby amended to read as follows:

       332.035  1.  Except as otherwise provided by specific statute:

       (a) A governing body or its authorized representative in a county whose population is less than 100,000 shall advertise all contracts for which the estimated amount required to perform the contract exceeds $10,000.

       (b) Such a governing body or its authorized representative may enter into a contract of any nature without advertising [when] if the estimated amount required to perform the contract is $10,000 or less.


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ê1995 Statutes of Nevada, Page 710 (Chapter 293, SB 432)ê

 

       [(b)] (c) If the estimated amount required to perform the contract is more than $5,000 but not more than $10,000, requests for bids must be submitted to two or more persons capable of performing the contract, if available. The governing body or its authorized representative shall maintain a permanent record of all requests for bids and all bids received.

       2.  Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids regardless of the estimated amount to perform the contract.

      Sec. 86.  Sections 34, 39, 44, 47, 54, 63 and 64 of chapter 617, Statutes of Nevada 1993, at pages 2566, 2570, 2574, 2576, 2583 and 2585, are hereby amended to read respectively as follows:

       Sec. 34.  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] 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.  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.  A final map of a common-interest community presented for recording and, if required by local ordinance, a final map of any other subdivision presented for recording must include:

       (a) A report from a title company in which the title company certifies that it has issued a guarantee for the benefit of the local government which lists the names of:

             (1) Each owner of record of the land to be divided; and

             (2) Each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust.

The guarantee accompanying a final map of a common-interest community must also show that there are no liens of record 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.

       (b) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) or paragraph (a), to the preparation and recordation of the final map.


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ê1995 Statutes of Nevada, Page 711 (Chapter 293, SB 432)ê

 

and recordation of the final map. A holder of record may consent by signing:

             (1) The final map; or

             (2) A separate document that is filed with the final map and declares his consent to the division of land.

       4.  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:

       (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 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 assessments.]

       5.  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. 39.  NRS 278.462 is hereby amended to read as follows:

       278.462  The governing body [may require:

       1.  Street] or, if authorized by the governing body, the planning commission or other authorized person:

       1.  May require street grading, drainage provisions and lot designs as are reasonably necessary . [and, if the governing body]

       2.  If it anticipates that the parcels will be used for residential , commercial or industrial purposes, [provisions for the supply and quality of water and sewage as are reasonably necessary.

       2.  Offsite] may require offsite access, street alignment, surfacing and width, water quality, water supply and sewerage provisions as are reasonably necessary and consistent with the existing use of any land zoned for similar use which is within 660 feet of the proposed parcel. If the proposed parcels are less than 1 acre, the governing body or, if authorized by the governing body, the planning commission or other authorized person may require additional improvements which are reasonably necessary and consistent with the use of the land if it is developed as proposed.

       3.  For a second or subsequent parcel map with respect to [a] :

       (a) A single parcel ; or

       (b) A contiguous tract of land under the same ownership ,

may require any reasonable improvement, but not more than would be required if the parcel were a subdivision.

       Sec. 44.  NRS 278.468 is hereby amended to read as follows:

       278.468  1.  [The parcel map filed with] If a parcel map is approved pursuant to NRS 278.464, the preparer of the map shall:


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       (a) Record the approved map in the office of the county recorder within 1 year after the date the map met all conditions required for approval. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

       (b) Pay a $17 fee to the county recorder for filing and indexing.

       2.  Upon receipt of a parcel map, the county recorder [of any county must be filed] shall file the map in a suitable place. He shall keep proper indexes of parcel maps by the name of grant, tract, subdivision or United States subdivision.

       [2.  The charge for filing and indexing any parcel map is $17.]

       Sec. 47.  NRS 278.4725 is hereby amended to read as follows:

       278.4725  1.  [The] Except as otherwise provided in this section, the governing body or planning commission [must] shall approve, conditionally approve or disapprove the final map basing its action upon the requirements of NRS 278.472, within 45 days after its filing. A decision made by the planning commission may be appealed to the governing body by any aggrieved person within 45 days after the action of the planning commission. If the map is disapproved, the governing body or planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of the changes necessary to render the map acceptable. [If] Except as otherwise provided in subsection 2, if the governing body or planning commission neither approves nor disapproves the map within 45 days, the map shall be deemed approved unconditionally.

       2.  If the final map divides the land into 16 lots or more, the governing body or planning commission shall not approve a map, and a map shall not be deemed approved, unless:

       (a) Each lot contains an access road that is suitable for use by emergency vehicles; and

       (b) The corners of each lot are set by a professional land surveyor.

       3.  If the final map divides the land into 15 lots or less, the governing body may, if reasonably necessary, require the map to comply with the provisions of subsection 2.

       4.  Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:

       (a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.

       (b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.

       [3.] 5.  The map filed with the county recorder must include:

       (a) A certificate signed and acknowledged by the owner of land consenting to the dedication of the roads and granting of the easements.

       (b) A certificate signed by the clerk of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 for action by the governing body or the planning commission has expired [.]


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by subsection 1 for action by the governing body or the planning commission has expired [.] and that the requirements of subsection 2 have been met.

       (c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

       6.  A governing body may by local ordinance require a final map to include:

       (a) A report from a title company which lists the names of:

             (1) Each owner of record of the land to be divided; and

             (2) Each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust.

       (b) The signature of each owner of record of the land to be divided.

       (c) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the final map. A holder of record may consent by signing:

             (1) The final map; or

             (2) A separate document that is filed with the final map and declares his consent to the division of land.

       7.  After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.

       [5.] 8.  The county recorder shall charge and collect for recording the map a fee of not more than $35 per page set by the board of county commissioners.

       Sec. 54.  NRS 278.580 is hereby amended to read as follows:

       278.580  1.  [The] Subject to the limitation set forth in NRS 244.368, the governing body of any city or county may adopt a building code, specifying the design, soundness and materials of structures , and may adopt rules, ordinances and regulations for the enforcement of the building code.

       2.  The governing body may also fix a reasonable schedule of fees for the issuance of building permits. [Schedules] A schedule of fees so fixed [shall] does not apply to the State of Nevada and its political subdivisions.

       3.  [A city building code which has rules, regulations and specifications more stringent than the building code of the county within which such city is located shall supersede, with respect to the area within a 3-mile limit of the boundaries of such city, any provisions of such building code not consistent therewith.

       4  None of the provisions of subsection 3 shall be applicable to farm or ranch buildings in existence on March 30, 1959.

       5.] Notwithstanding any other provision of law, the state and its political subdivisions [must] shall comply with all zoning regulations adopted pursuant to this chapter, except for the expansion of any activity existing on April 23, 1971.

       Sec. 63.  1.  NRS 278.620 is hereby repealed.


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       2.  Section 12 of chapter 569, Statutes of Nevada 1993, at page 2337, and section 51 of chapter 573, Statutes of Nevada 1993, at page 2378, are hereby repealed.

       Sec. 64.  1.  Sections 33, [34] 44, 47 and 53 of this act become effective at 12:01 a.m. on October 1, 1993.

       2.  Section 34 and subsection 2 of section 63 of this act become effective at 12:02 a.m. on October 1, 1993.

      Sec. 87.  Sections 4, 9 and 10 of chapter 622, Statutes of Nevada 1993, at pages 2596 and 2598, are hereby amended to read respectively as follows:

       Sec. 4.  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 , in violation of section 1 of this act, a patient to [any] a health facility, medical laboratory or commercial establishment 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.] 4.  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.] 5.  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.] 6.  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.] 7.  Failing to disclose to a patient any financial or other conflict of interest.

       [9.] 8.  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  NRS 616.690 , [and] sections 206.5, 246.5, 250.5, 260.5 and 282.5 of Senate Bill No. 316 of this session and section 13 of chapter 559, Statutes of Nevada 1993, at page 2303, are hereby repealed.


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ê1995 Statutes of Nevada, Page 715 (Chapter 293, SB 432)ê

 

       Sec. 10.  1.  This section and section 9 of this act become effective at 11:59 p.m. on September 30, 1993.

       2.  Sections 1 [to 6, inclusive,] , 2, 5, 6 and 8 of this act become effective on October 1, 1993.

       3.  [Section] Sections 4 and 7 of this act [becomes] become effective at 12:01 a.m. on October 1, 1993.

      Sec. 88.  1.  Section 5 of chapter 623, Statutes of Nevada 1993, at page 2600, is hereby amended to read as follows:

       Sec. 5.  NRS 482.2705 is hereby amended to read as follows:

       482.2705  1.  The director shall order the preparation of vehicle license plates for passenger cars and trucks in the same manner as is provided for motor vehicles generally in NRS 482.270.

       2.  Every license plate assigned to a passenger car or truck must contain:

       (a) A space for the name of a county or other identification; and

       (b) Except as otherwise provided by [NRS 482.379 and section 1 of this act,] specific statute, a designation which consists of a group of three numerals followed by a group of three letters.

       3.  Any license plate issued for a passenger car or truck before January 1, 1982, bearing a designation which is not in conformance with the system described in subsection 2 is valid during the period for which the plate was originally issued as well as during any annual extensions by stickers.

      2.  Chapter 623, Statutes of Nevada 1993, at page 2600, is hereby amended by adding thereto a new section to be designated as section 6, immediately following section 5, to read as follows:

       Sec. 6.  Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1993.

      Sec. 89.  Sections 25 and 50 of chapter 624, Statutes of Nevada 1993, at pages 2606 and 2610, respectively, are hereby amended to read respectively as follows:

       Sec. 25.  1.  It is unlawful for any person to:

       (a) Hold himself out to the public as the operator of a crematory without being licensed pursuant to section 9 of this act;

       (b) Sign an order for cremation knowing that the order contains incorrect information; or

       (c) Violate any other provision of sections 2 to 25, inclusive, of this act.

       2.  It is unlawful for the operator of a crematory to perform a cremation without an order signed by a person authorized to order the cremation pursuant to section 12 or 13 of this act.

       3.  A crematory operated in this state in violation of any provision of sections 2 to 25, inclusive, of this act or any regulation of the state board of funeral directors, embalmers and operators of cemeteries and crematories is a public nuisance and may be abated as such.

       Sec. 50.  A funeral director or embalmer shall make available for inspection by the attorney general, the division of insurance of the department of business and industry, or any representative of either, copies of all lists of prices and agreements on prices for 1 year after they are issued.


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copies of all lists of prices and agreements on prices for 1 year after they are issued.

      Sec. 90.  Sections 2 to 5, inclusive, of chapter 626, Statutes of Nevada 1993, at pages 2623, 2624 and 2625, are hereby amended to read respectively as follows:

       Sec. 2.  NRS 239.010 is hereby amended to read as follows:

       239.010  1.  All public books and public records of a public agency , a university foundation 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 may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be [utilized] used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way [in which the copies, abstracts or memoranda may be used] to the advantage of the public agency , university foundation or educational foundation or of the general public.

       2.  As used in this section:

       (a) “Educational foundation” has the meaning ascribed to it in subsection 3 of section 1 of [this act.] chapter 561, Statutes of Nevada 1993.

       (b) “Public agency” means any officer of the state or a county, city, district, government subdivision or quasi-municipal corporation and any office of this state.

       (c) “University foundation” has the meaning ascribed to it in subsection 3 of section 1 of this act.

       Sec. 3.  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 advices 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.] chapter 561, Statutes of Nevada 1993, and a university 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. 4.  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:


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       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 States, 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.

       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;


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ê1995 Statutes of Nevada, Page 718 (Chapter 293, SB 432)ê

 

       (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, “education foundation” has the meaning ascribed to it in subsection 3 of section 1 of [this act.] chapter 561, Statutes of Nevada 1993.

       15.  A transfer to or from a university foundation. As used in this subsection, “university foundation” has the meaning ascribed to it in subsection 3 of section 1 of this act.

       Sec. 5.  1.  Section 2 of this act becomes effective at [12:01] 12:02 a.m. on October 1, 1993.

       2.  Sections 3 and 4 of this act become effective at 12:01 a.m. on October 1, 1993.

      Sec. 91.  Sections 7 and 12 of chapter 637, Statutes of Nevada 1993, at pages 2659 and 2661, respectively, are hereby amended to read respectively as follows:

       Sec. 7.  NRS 350.024 is hereby amended to read as follows:

       350.024  1.  Except as otherwise provided in subsection [2,] 3, the sample ballot required to be mailed pursuant to NRS 293.565 and the notice of election must contain:

       (a) The time and places of holding the election.

       (b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.

       (c) The purposes for which the obligations are to be issued or incurred.

       (d) A disclosure of any:

             (1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued or incurred and its probable effect on the tax rate; and

             (2) Requirement relating to the proposal which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.

       (e) The maximum amount of the obligations [.] , including the anticipated interest, separately stating the total principal, the total anticipated interest and the anticipated interest rate.

       (f) The maximum number of years which the obligations are to run.

       (g) An estimate of the range of tax [rate] rates necessary to provide for debt service upon the obligations for [each date] the dates when they are to be [issued or incurred.] redeemed. The county assessor shall, for each such date, estimate the assessed value of the property against which the obligations are to be issued or incurred, and the governing body shall estimate the tax rate based upon the assessed value of the property as given in the assessor’s estimates.

       2.  If an operating or maintenance rate is proposed in conjunction with the question to issue obligations, the questions may be combined, but the sample ballot and notice of election must each state the tax rate required for the obligations separately from the rate proposed for operation and maintenance.


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       3.  Any election called pursuant to NRS 350.020 to 350.070, inclusive, and section 2 of [this act,] chapter 442, Statutes of Nevada 1993, may be consolidated with a general election. If the election is consolidated with the general election, a primary election or a municipal election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the election with which it is consolidated.

       [3.] 4.  If the election is a special election, the clerk shall cause notice of the close of registration to be published in a newspaper printed in and having a general circulation in the municipality once in each calendar week for two successive calendar weeks next preceding the close of registration for the election.

       Sec. 12.  Section 59 of Assembly Bill No. 531 of this session is hereby amended to read as follows:

      Sec. 59.  NRS 350.024 is hereby amended to read as follows:

      350.024  1.  Except as otherwise provided in subsection 3, the sample ballot required to be mailed pursuant to NRS 293.565 and the notice of election must contain:

      (a) The time and places of holding the election.

      (b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.

      (c) The purposes for which the obligations are to be issued or incurred.

      (d) A disclosure of any:

             (1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued or incurred and its probable effect on the tax rate; and

             (2) Requirement relating to the proposal which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.

      (e) The maximum amount of the obligations, including the anticipated interest, separately stating the total principal, the total anticipated interest and the anticipated interest rate.

      (f) The maximum number of years which the obligations are to run.

      (g) An estimate of the range of tax rates necessary to provide for debt service upon the obligations for the dates when they are to be redeemed. The county assessor shall, for each such date, estimate the assessed value of the property against which the obligations are to be issued or incurred, and the governing body shall estimate the tax rate based upon the assessed value of the property as given in the assessor’s estimates.

      2.  If an operating or maintenance rate is proposed in conjunction with the question to issue obligations, the questions may be combined, but the sample ballot and notice of election must each state the tax rate required for the obligations separately from the rate proposed for operation and maintenance.


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ê1995 Statutes of Nevada, Page 720 (Chapter 293, SB 432)ê

 

state the tax rate required for the obligations separately from the rate proposed for operation and maintenance.

      3.  Any election called pursuant to NRS 350.020 to 350.070, inclusive, and section 2 of chapter 442, Statutes of Nevada 1993, may be consolidated with a primary or general municipal election [. If the election is consolidated with the general election, a primary election or a municipal election, the] or a primary or general state election. The notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the election with which it is consolidated.

      4.  If the election is a special election, the clerk shall cause notice of the close of registration to be published in a newspaper printed in and having a general circulation in the municipality once in each calendar week for two successive calendar weeks next preceding the close of registration for the election.

      Sec. 92.  1.  Section 50 of chapter 638, Statutes of Nevada 1993, at page 2671, is hereby amended to read as follows:

       Sec. 50.  NRS 481.071 is hereby amended to read as follows:

       481.071  1.  Any change in the organization of the department may include the divisions, functions and responsibilities described in subsection 2 but must not include those described in paragraph (e) or (h) of that subsection.

       2.  Unless the organization of the department is changed by the director, the primary functions and responsibilities of the specified divisions of the department are as follows:

       (a) The registration division shall:

             (1) Execute, administer and enforce the provisions of chapter 482 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 482 of NRS and the provisions of any other laws;

             (2) Execute and administer the laws relative to the licensing of motor vehicle carriers and the use of public highways by those carriers as contained in chapter 706 of NRS;

             (3) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 706 of NRS and the provisions of any other laws;

             (4) Execute and administer the provisions of chapter 366 of NRS, relating to imposition and collection of taxes on special fuels used for motor vehicles; and

             (5) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 366 of NRS and the provisions of any other laws.

       (b) The drivers’ license division shall execute, administer and enforce the provisions of chapter 483 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 483 of NRS and the provisions of any other laws.

       (c) The administrative services division shall furnish fiscal and accounting services to the director and the various divisions and advise and assist the director and the various divisions in carrying out their functions and responsibilities.


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ê1995 Statutes of Nevada, Page 721 (Chapter 293, SB 432)ê

 

and assist the director and the various divisions in carrying out their functions and responsibilities.

       (d) The investigation division shall [execute,] :

             (1) Execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs [, and perform] ;

             (2) Assist the secretary of state in carrying out an investigation pursuant to section 3 of this act; and

             (3) Perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other laws.

       (e) The Nevada highway patrol division shall execute, administer and enforce the provisions of chapter 484 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 481.180 and the provisions of any other laws.

       (f) The division of emergency management shall execute, administer and enforce the provisions of chapter 414 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 414 of NRS and the provisions of any other laws.

       (g) The state fire marshal division shall execute, administer and enforce the provisions of chapter 477 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 477 of NRS and the provisions of any other laws.

       (h) The division of parole and probation shall execute, administer and enforce the provisions of chapters 176 and 213 of NRS relating to parole and probation and perform such duties and exercise such powers as may be conferred upon it pursuant to those chapters and the provisions of any other law.

      2.  Chapter 638, Statutes of Nevada 1993, at page 2672, is hereby amended by adding thereto a new section to be designated as section 52, immediately following section 51, to read as follows:

       Sec. 52.  Section 50 of this act becomes effective at 12:01 a.m. on October 1, 1993.

      Sec. 93.  1.  Sections 75, 120, 197 and 202 of chapter 640, Statutes of Nevada 1993, at pages 2700, 2710, 2740 and 2741, respectively, are hereby amended to read respectively as follows:

       Sec. 75.  1.  The trust fund for child welfare is hereby created. All benefits for survivors or other awards payable to children receiving services pursuant to NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act, must be deposited in the state treasury for credit to the fund.

       2.  The division shall:

       (a) Keep a separate account for each child who receives money.

       (b) Deduct from the account any services to the child provided by public money. Any surplus remaining may be expended for extraordinary items deemed beneficial to the child.

       (c) Remit any surplus balance to the parent or legal guardian of the child, or to the child if he is emancipated or has reached the age of 18 years, when the division is no longer legally responsible for him.


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ê1995 Statutes of Nevada, Page 722 (Chapter 293, SB 432)ê

 

       3.  The division shall pay interest to each child’s separate account maintained in the trust fund for child welfare at the end of each interest period. Interest must be paid at a rate equal to the average of the interest rates quoted by at least three banking institutions for interest-bearing savings accounts of $3,000 or less on the first day of each interest period. Interest must be paid on the child’s account commencing with the first interest period that the division is legally responsible for the child. Interest must not be paid for the interest period during which the child ceases to be the legal responsibility of the division.

       4.  As used in this section, “interest period” means that period not less frequent than quarterly, as determined by the state treasurer, for which interest must be paid.

       Sec. 120.  1.  If a [patient] client in a division facility is transferred to another division facility or to a medical facility, a facility for the dependent or a physician licensed to practice medicine, the division facility shall forward a copy of the medical records of the [patient,] client, on or before the date the [patient] client is transferred, to the facility or physician. Except as otherwise required by 42 U.S.C. §§ 290dd-3 and 290ee-3, the division facility is not required to obtain the oral or written consent of the [patient] client to forward a copy of the medical records.

       2.  As used in this section, “medical records” includes a medical history of the [patient,] client, a summary of the current physical condition of the [patient] client and a discharge summary which contains the information necessary for the proper treatment of the [patient.] client.

       Sec. 197.  1.  NRS 210.200, 210.650, 210.760, 232.463, 422.283, 422.300, 422.360, 432B.120, 433A.500, 433A.510, 433A.530, 433A.540, 433A.550, 433A.560 and 433A.570, section 2 of Senate Bill No. 73 of this session, section 11 of Senate Bill No. 80 of this session, [and] sections 1 and 2 of Senate Bill No. 82 of this session , and sections 13 and 16 of chapter 493, Statutes of Nevada 1993, at pages 2032 and 2033, respectively, are hereby repealed.

       2.  NRS 422.253 is hereby repealed.

       Sec. 202.  1.  This section and sections 1 to 44, inclusive, 46 to 84, inclusive, 86 to 168, inclusive, 172 to 175, inclusive, 177 to 196.5, inclusive, 198 to 201, inclusive, and 203 of this act , and subsection 1 of section 197 of this act, become effective on July 1, 1993.

       2.  Sections 169, 170 and 171 of this act , and subsection 2 of section 197 of this act, become effective at 12:01 a.m. on July 1, 1993.

       3.  Sections 85 and 176 of this act become effective on October 1, 1993.

      2.  Chapter 640, Statutes of Nevada 1993, at page 2740, is hereby amended by adding thereto a new section to be designated as section 196.5, immediately following section 196, to read as follows:

       Sec. 196.5.  Section 21 of chapter 493, Statutes of Nevada 1993, at page 2036, is hereby amended to read as follows:

      Sec. 21.  1.  This section and section 20 of this act become effective upon passage and approval.

      2.  Sections 1 to [19,] 12, inclusive, 14, 15, 17, 18 and 19 of this act [,] become effective on October 1, 1993.


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ê1995 Statutes of Nevada, Page 723 (Chapter 293, SB 432)ê

 

      Sec. 94.  1.  Sections 25, 27 and 29 of chapter 647, Statutes of Nevada 1993, at pages 2754 and 2755, are hereby amended to read respectively as follows:

       Sec. 25.  NRS 452.003 is hereby amended to read as follows:

       452.003  As used in [this chapter,] NRS 452.001 to 452.610, inclusive, unless the context otherwise requires, the words and terms defined in NRS 452.004 to 452.019, inclusive, and section 28 of [this act] chapter 624, Statutes of Nevada 1993, have the meanings ascribed to them in those sections.

       Sec. 27.  NRS 452.400 is hereby amended to read as follows:

       452.400  The administrator may adopt such regulations as may be necessary to carry out the purposes and provisions of [this chapter] NRS 452.001 to 452.610, inclusive, which relate to endowment care.

       Sec. 29.  NRS 642.550 is hereby amended to read as follows:

       642.550  This chapter does not apply to:

       1.  Persons engaged as layers-out or to those who shroud the dead.

       2.  Employees of any cemetery whose duty or business extends no further.

       3.  Officers or employees of the state or federal institution.

       4.  A person who inters the human remains of a native Indian pursuant to NRS 383.150 to 383.190, inclusive.

       5.  Commissioned officers serving in the Armed Forces of the United States.

       6.  Persons who provide services regarding funerals for or the burial of pets only.

      2.  Chapter 647, Statutes of Nevada 1993, at page 2755, is hereby amended by adding thereto a new section to be designated as section 30, immediately following section 29, to read as follows:

       Sec. 30.  Sections 25, 27 and 29 of this act become effective at 12:01 a.m. on October 1, 1993.

      Sec. 95.  1.  Sections 38.1, 38.3 and 38.5 of chapter 649, Statutes of Nevada 1993, at pages 2786, 2787 and 2788, respectively, are hereby amended to read respectively as follows:

       Sec. 38.1.  NRS 422.007 is hereby amended to read as follows:

       422.007  “ Aid to families with dependent children” means the program established to provide assistance to needy dependent children pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.) and other provisions of that act relating to assistance to dependent children.

       Sec. 38.3.  NRS 422.270 is hereby amended to read as follows:

       422.270  The department through the welfare division shall:

       1.  Except as otherwise provided in NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of [this act,] chapter 640, Statutes of Nevada 1993, administer all public welfare programs of this state, including:

       (a) State supplementary assistance;

       (b) Aid to families with dependent children;

       (c) Assistance to the medically indigent;

       (d) Food stamp assistance;


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ê1995 Statutes of Nevada, Page 724 (Chapter 293, SB 432)ê

 

       (e) Low-income home energy assistance;

       (f) Low-income weatherization assistance;

       (g) The program for the enforcement of child support; and

       (h) Other welfare activities and services provided for by the laws of this state.

       2.  Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the state to aid in the furtherance of any of the services and activities set forth in subsection 1.

       3.  Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious use of new federal grants which will assist the welfare division in carrying out the provisions of NRS 422.070 to 422.410, inclusive, and sections 7 and 8 of [this act.] chapter 503, Statutes of Nevada 1993.

       4.  Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting those needs and employ or contract for personnel and services supported by legislative appropriations from the state general fund or money from federal or other sources.

       5.  Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care, when deemed necessary or convenient by the administrator.

       6.  Make such agreements with the Federal Government as may be necessary to carry out the supplemental security income program.

       Sec. 38.5.  NRS 422.373 is hereby amended to red as follows:

       422.373  The administrator shall, pursuant to the appropriate provisions of 42 U.S.C. §§ 601 to 645, inclusive, establish by regulation a plan to provide for the education and training of recipients of aid to families with dependent children as a condition of being eligible for that aid.

      2.  Chapter 649, Statutes of Nevada 1993, at page 2786, is hereby amended by adding thereto a new section to be designated as section 38.15, immediately following section 38.1, to read as follows:

       Sec. 38.15.  NRS 422.050 is hereby amended to read as follows:

       422.050  “Public assistance” includes:

       1.  State supplementary assistance;

       2.  Aid to families with dependent children;

       3.  Assistance to the medically indigent;

       4.  Food stamp assistance;

       5.  Low-income home energy assistance;

       6.  Low-income weatherization assistance; and

       7.  Benefits provided pursuant to any other public welfare program administered by the welfare division pursuant to such additional federal legislation as is not inconsistent with the purposes of this chapter.


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ê1995 Statutes of Nevada, Page 725 (Chapter 293, SB 432)ê

 

      Sec. 96.  Sections 6, 36, 38 and 42 of chapter 650, Statutes of Nevada 1993, at pages 2828, 2838, 2839 and 2842, respectively, are hereby amended to read respectively as follows:

       Sec. 6.  NRS 450B.020 is hereby amended to read as follows:

       450B.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 450B.025 to 450B.110, inclusive, [and] section 3 of [this act,] chapter 512, Statutes of Nevada 1993, and sections 3 and 4 of this act, have the meanings ascribed to them in those sections.

       Sec. 36.  NRS 453.375 is hereby amended to read as follows:

       453.375  A controlled substance may be possessed and administered by the following persons:

       1.  A practitioner.

       2.  A physician’s assistant at the direction of his supervising physician.

       3.  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, dentist, [podiatrist] podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, [may possess and administer a controlled substance furnished] for administration to a patient at another location.

       [5.] 4.  An advanced emergency medical technician [as] :

       (a) As authorized by regulation of [the] :

             (1) The state board of health is a county whose population is less than 100,000; or

             (2) A county or district board of health in a county whose population is 100,000 or more; and [in]

       (b) In accordance with any application regulations of [the] :

             (1) The state board of health in a county whose population is less than 100,000;

             (2) A county board of health in a county whose population is 100,000 or more; or [a]

             (3) A district board of health created pursuant to NRS 439.370 [.

       6.] in any county.

       5.  A respiratory therapist, at the direction of a physician.

       [7.] 6.  A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:

       (a) In the presence of a physician or a registered nurse; or

       (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician or nurse.

A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

       [8.] 7.  An ultimate user or any person whom the ultimate user designates pursuant to a written agreement.

       [9.] 8.  Any person designated by the head of a correctional institution.


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ê1995 Statutes of Nevada, Page 726 (Chapter 293, SB 432)ê

 

       [10.] 9.  An animal technician at the direction of his supervising veterinarian.

       [11.] 10.  In accordance with applicable regulations of the state board of health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

       Sec. 38.  NRS 454.213 is hereby amended to read as follows:

       454.213  A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

       1.  A practitioner.

       2.  A physician’s assistant at the direction of his supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

       3.  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, dentist, [podiatrist] podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, [may possess and administer such a drug or medicine furnished] for administration to a patient at another location.

       4.  An intermediate emergency medical technician or an advanced emergency medical technician, as authorized by regulation of the state board of pharmacy and in accordance with any applicable regulations of [the] :

       (a) The state board of health in a county whose population is less than 100,000;

       (b) A county board of health in a county whose population is 100,000 or more; or [a]

       (c) A district board of health created pursuant to NRS 439.370 [.] in any county.

       5.  A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

       6.  A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

       7.  A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:

       (a) In the presence of a physician or a registered nurse; or

       (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

       8.  Any person designated by the head of a correctional institution.

       9.  An ultimate user or any person designated by the ultimate user pursuant to a written agreement.


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ê1995 Statutes of Nevada, Page 727 (Chapter 293, SB 432)ê

 

       10.  A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.

       11.  A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.

       12.  A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

       13.  A physical therapist, but only if the drug or medicine is a topical drug which is:

       (a) Used for cooling and stretching external tissue during therapeutic treatments; and

       (b) Prescribed by a licensed physician for:

             (1) Iontophoresis; or

             (2) The transmission of drugs through the skin using ultrasound.

       14.  In accordance with applicable regulations of the state board of health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

       15.  An animal technician at the direction of his supervising veterinarian.

       Sec. 42.  Sections 6, 15, [18, 19, 20, 34 and] 17 to 22, inclusive, 34, 36 and 38 of this act become effective at 12:01 a.m. on October 1, 1993.

      Sec. 97.  1.  Sections 34 and 39 of chapter 654, Statutes of Nevada 1993, at pages 2858 and 2860, respectively, are hereby amended to read respectively as follows:

       Sec. 34.  NRS 445.640 is hereby amended to read as follows:

       445.640  1.  Subject to any applicable limitation of NRS 445.610 to 445.670, inclusive, and sections 9 to 20, inclusive, of this act, and any regulation adopted pursuant thereto, no used motor vehicle as defined in NRS 482.132 may be registered unless the application for registration is accompanied by evidence of compliance issued by any authorized inspection station, authorized station or fleet station certifying that the vehicle is equipped with devices for the control of pollution from motor vehicles required by federal regulation or such other requirements as the commission may by regulation prescribe under the provisions of NRS 445.610 to 445.710, inclusive [.] , and sections 9 to 20, inclusive, of this act.

       2.  If:

       (a) A seller of a used vehicle is required to complete a dealer’s report of sale pursuant to the provisions of NRS 482.424; or

       (b) A long-term lessor of a used vehicle is required to complete a long-term lessor’s report of lease pursuant to the provisions of section 3 of [this act,] chapter 433, Statutes of Nevada 1993,

the seller or long-term lessor shall also provide the buyer or long-term lessee with any evidence of compliance required pursuant to subsection 1.

       3.  The requirements of this section apply only:


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ê1995 Statutes of Nevada, Page 728 (Chapter 293, SB 432)ê

 

       (a) To passenger cars and light-duty motor vehicles which use diesel fuel and are based in a county whose population is 100,000 or more; and

       (b) In counties where a program of inspecting and testing motor vehicles and systems for the control of emissions from motor vehicles has been implemented pursuant to NRS 445.630.

       Sec. 39.  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 inspection station or authorized station pursuant to the provisions of NRS 482.281 must include:

       (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 of the amount of privilege tax to be collected for the county 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.

      2.  Chapter 654, Statutes of Nevada 1993, at page 2861, is hereby amended by adding thereto a new section to be designated as section 41, immediately following section 40, to read as follows:

       Sec. 41.  Sections 34 and 39 of this act become effective at 12:01 a.m. on October 1, 1993.

      Sec. 98.  1.  Section 2 of chapter 658, Statutes of Nevada 1993, at page 2877, is hereby amended to read as follows:

       Sec. 2.  NRS 333.020 is hereby amended to read as follows:


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ê1995 Statutes of Nevada, Page 729 (Chapter 293, SB 432)ê

 

       333.020  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 administration.

       3.  “Purchasing division” means the purchasing division of the department of administration.

       4.  “Request for a proposal” means a statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.

       5.  “Using agencies” means all officers, departments, institutions, boards, commissions and other agencies in the executive department of the state government which derive their support from public money in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government or any branch, bureau or agency thereof, or derived from private or other sources, excepting local governments as defined in NRS 354.474, conservation districts and irrigation districts. The University and Community College System of Nevada is not a “using agency” except as otherwise provided in NRS 333.461.

       [5.] 6.  “Volunteer fire department” means a volunteer fire department which pays industrial insurance premiums pursuant to the provisions of chapter 616 of NRS.

      2.  Chapter 658, Statutes of Nevada 1993, at page 2878, is hereby amended by adding thereto a new section to be designated as section 3, immediately following section 2, to read as follows:

       Sec. 3.  Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1993.

      Sec. 99.  Section 1 of chapter 660, Statutes of Nevada 1993, at page 2880, is hereby amended to read as follows:

       Section 1.  NRS 127.186 is hereby amended to read as follows:

       127.186  1.  The division, or a child-placing agency licensed by the division pursuant to this chapter, may consent to the adoption of a child under 18 years of age with special needs due to race, age or physical or mental problems who is in the custody of the division or the licensed agency by proposed adoptive parents [of limited means] when, in the judgment of the division or the licensed agency, it would be in the best interests of the child to be placed in that adoptive home . [and it would be difficult to locate a suitable adoptive home where the adoptive parents would be capable of bearing the full costs of maintaining the child.]

       2.  The division may grant financial assistance for attorney’s fees and court costs in the adoption proceeding, for maintenance and for preexisting physical or mental conditions to the adoptive parents out of money provided for that purpose if [:

       (a) Due and diligent effort has been made by the division or the licensed agency to locate a suitable adoptive home for the child where financial assistance would not be required; and

       (b) The] the administrator of the division has reviewed and approved in writing the proposed adoption and grant of assistance.


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ê1995 Statutes of Nevada, Page 730 (Chapter 293, SB 432)ê

 

       3.  The grant of financial assistance must be limited, both as to amount and duration, by agreement in writing between the division and the adoptive parents. The agreement does not become effective until the entry of the order of adoption.

       4.  Any grant of financial assistance must be reviewed and evaluated at least once annually by the division. The evaluation must be presented for approval to the administrator of the division. Financial assistance must be discontinued immediately upon written notification to the adoptive parents by the division that continued assistance is denied.

       5.  All financial assistance provided under this section ceases immediately when the child attains majority, becomes self-supporting, is emancipated or dies, whichever [is] occurs first.

       6.  Neither a grant of financial assistance pursuant to this section nor any discontinuance of such assistance affects the legal status or respective obligations of any party to the adoption.

      Sec. 100  1.  Sections 1 and 2 of chapter 662, Statutes of Nevada 1993, at pages 2884 and 2885, respectively, are hereby amended to read respectively as follows:

       Section 1.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  If a parolee is incarcerated in a county jail for a violation of a condition of this parole, the sheriff of that county shall notify the chief. Unless the chief can show good cause why the parolee should remain incarcerated in the jail and if there are no other criminal charges pending or warrants outstanding for the parolee, the division shall take custody of the parolee within:

       (a) Fifteen working days after the inquiry held pursuant to NRS 213.1511 is conducted.

       (b) Thirty days after receiving notice from the sheriff if the parolee was paroled by another state and is under supervision in this state pursuant to NRS 213.180 to 213.210, inclusive.

       2.  If the division fails to take custody of a parolee within the time required by subsection 1, the sheriff may, if there are no other criminal charges pending or warrants outstanding for the parolee, release him from custody.

       Sec. 2.  NRS 213.107 is hereby amended to read as follows:

       213.107  As used in NRS 213.107 to 213.160, inclusive [:] , and section 1 of this act, unless the context otherwise requires:

       1.  “Board” means the state board of parole commissioners.

       2.  “Chief” means the chief parole and probation officer.

       3.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

       4.  “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.

       5.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief parole and probation officer.


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ê1995 Statutes of Nevada, Page 731 (Chapter 293, SB 432)ê

 

      2.  Chapter 662, Statutes of Nevada 1993, at page 2885, is hereby amended by adding thereto a new section to be designated as section 4, immediately following section 3, to read as follows:

       Sec. 4.  Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1993.

      Sec. 101.  Sections 4 and 7 of chapter 669, Statutes of Nevada 1993, at pages 2898 and 2899, respectively, are hereby amended to read respectively as follows:

       Sec. 4.  NRS 483.490 is hereby amended to read as follows:

       483.490  1.  [After] Except as otherwise provided in subsection 2, after a driver’s license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and half the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

       (a) To and from work or in the course of his work, or both; or

       (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.

Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.

       2.  After a driver’s license has been suspended pursuant to NRS 62.226, the department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

       (a) If applicable, to and from work or in the course of his work, or both; and

       (b) If applicable, to and from school.

       3.  A driver who violates a condition of a restricted license issued under subsection 1 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for 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 a law of any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided by subsection 2 of NRS 483.560.

       [3.] 4.  The periods of suspensions and revocations under this chapter and under NRS 484.384 must run consecutively, except as provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

       [4.] 5.  Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.


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ê1995 Statutes of Nevada, Page 732 (Chapter 293, SB 432)ê

 

       Sec. 7.  [Section] Sections 4 and 6 of this act [becomes] become effective at 12:01 a.m. on October 1, 1993.

      Sec. 102.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 294, AB 503

Assembly Bill No. 503–Assemblymen Monaghan, Anderson, Ohrenschall, Steel, Freeman, Carpenter, Stroth, Goldwater, Schneider, Humke, Lambert, Hettrick, Fettic, Manendo, Nolan, Bennett, Tripple, Segerblom, Evans, Tiffany and Brower

CHAPTER 294

AN ACT relating to adoption; requiring a man who claims to be the natural father of a child born outside of marriage to file certain information as a condition to retaining his rights regarding the child; requiring that the best interests of a child be the primary consideration in an action to set aside a court order terminating the parental rights of the natural parent after a petition for adoption has been granted; making various other changes to the procedures for the adoption of a child; and providing other matters properly relating thereto.

 

[Approved June 20, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 126.051 is hereby amended to read as follows:

      126.051  1.  A man is presumed to be the natural father of a child if:

      (a) He and the child’s natural mother are or have been married to each other and the child is born during the marriage, or within 285 days after the marriage is terminated by death, annulment, declaration of invalidity or divorce, or after a decree of separation is entered by a court.

      (b) He and the child’s natural mother were cohabiting for at least 6 months before the period of conception and continued to cohabit through the period of conception.

      (c) Before the child’s birth, he and the child’s natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is invalid or could be declared invalid, and:

             (1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 285 days after its termination by death, annulment, declaration of invalidity or divorce; or

             (2) If the attempted marriage is invalid without a court order, the child is born within 285 days after the termination of cohabitation.

      (d) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child.

      (e) At any time he acknowledges or admits his paternity of the child in a writing filed with the state registrar of vital statistics.

      2.  The state registrar of vital statistics shall promptly inform the natural mother of the filing of an acknowledgment, and the presumption is nullified if she disputes the acknowledgment in a writing filed with the registrar within 60 days after this notice is given.


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ê1995 Statutes of Nevada, Page 733 (Chapter 294, AB 503)ê

 

60 days after this notice is given. Each acknowledgment filed must be maintained by the registrar in a sealed confidential file until it is consented to by the mother and any other presumed father. This does not preclude access by an appropriate state official incident to his official responsibility concerning the parentage of the child. The acknowledgment must not be made public unless the mother affirmatively consents to the acknowledgment or a court adjudicates parentage. Each acknowledgment must be signed by the person filing it, and contain:

      (a) The name and address of the person filing the acknowledgment;

      (b) The name and last known address of the mother of the child; and

      (c) The date of birth of the child, or, if the child is unborn, the month and year in which the child is expected to be born.

If another man is presumed under this section to be the child’s father, acknowledgment of paternity may be effected only with the written consent of the presumed father or after the presumption has been rebutted by a court decree. Acknowledgment by both parents as to the parentage of a child makes the child legitimate from birth, and the birth must be documented as provided in chapter 440 of NRS.

      3.  A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.

      4.  The department of human resources shall develop a form for acknowledging paternity. The department shall distribute the form to each office of the division of child and family services of the department, each child-placing agency licensed pursuant to chapter 127 of NRS and each hospital in this state.

      Sec. 2.  Chapter 127 of NRS is hereby amended by adding thereto the provisions set forth as section 3 and 4 of this act:

      Sec. 3.  1.  Except as otherwise provided in subsection 2, the division or a licensed child-placing agency shall provide the adopting parents of a child with a report which includes:

      (a) A copy of any medical records of the child which are in the possession of the division or licensed child-placing agency; and

      (b) Any information regarding the medical and sociological history of the child obtained by the division or licensed child-placing agency during interviews of the natural parent.

      2.  The report created pursuant to subsection 1 must exclude any information that would lead to the identification of the natural parent.

      Sec. 4.  1.  The natural parent of a child may not bring an action to set aside an adoption after a petition for adoption has been granted, unless a court of competent jurisdiction has previously, in a separate action:

      (a) Set aside the consent to the adoption;

      (b) Set aside the relinquishment of the child for adoption; or

      (c) Reversed an order terminating the parental rights of the natural parent.


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ê1995 Statutes of Nevada, Page 734 (Chapter 294, AB 503)ê

 

      2.  After a petition for adoption has been granted, there is a presumption for the purposes of this chapter that remaining in the home of the adopting parent is in the child’s best interest.

      Sec. 5.  NRS 127.120 is hereby amended to read as follows:

      127.120  1.  A petition for adoption of a child must be filed in duplicate with the county clerk. The county clerk shall send one copy of the petition to the division, which shall make an investigation and report as provided in this section. If one petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, the court may, in its discretion, waive the investigation by the division. A copy of the order waiving the investigation must be sent to the nearest office of the division by the petitioners within 7 days after the order is issued.

      2.  The division or a licensed child-placing agency authorized to do so by the court shall verify the allegations of the petition and investigate the condition [and the antecedents] of the child and make proper inquiry to determine whether the proposed adopting parents are suitable for the [minor.] child.

      3.  The division or the designated agency shall, before the date on which the child has lived for a period of 6 months in the home of the petitioners or within 30 days after receiving the copy of the petition for adoption, whichever is later, submit to the court a full written report of its findings, which must contain a specific recommendation for or against approval of the petition, and shall furnish to the court any other information regarding the child or proposed home which the court requires. The court, on good cause shown, may extend the time, designating a time certain, within which to submit [a report

      3.] the report.

      4.  If the court is dissatisfied with the report submitted by the division, the court may order an independent investigation to be conducted and a report submitted by an agency or person selected by the court. The costs of the investigation and report may be assessed against the petitioner or charged against the county in which the adoption proceeding is pending.

      Sec. 6.  NRS 127.150 is hereby amended to read as follows:

      127.150  1.  If the court finds that the best interests of the child warrant the granting of the petition, an order or decree of adoption must be made and filed, ordering that henceforth the child is the child of the petitioners. A copy of the order or decree must be sent to the nearest office of the division by the petitioners within 7 days after the order or decree is issued. In the decree the court may change the name of the child, if desired. No order or decree of adoption may be made until after the child has lived for 6 months in the home of the petitioners.

      2.  If the court is not satisfied that the proposed adoption is in the best interests of the child, the court shall deny the petition and may order the child returned to the custody of the person or agency legally vested with custody.

      3.  After a petition for adoption has been granted, there is a presumption that remaining in the home of the adopting parent is in the child’s best interest.

      Sec. 7.  NRS 127.186 is hereby amended to read as follows:

      127.186  1.  The division, or a child-placing agency licensed by the division pursuant to this chapter, may consent to the adoption of a child under 18 years of age with special needs due to race, age or physical or mental problems who is in the custody of the division or the licensed agency by proposed adoptive parents when, in the judgment of the division or the licensed agency, it would be in the best interests of the child to be placed in that adoptive home.


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ê1995 Statutes of Nevada, Page 735 (Chapter 294, AB 503)ê

 

years of age with special needs due to race, age or physical or mental problems who is in the custody of the division or the licensed agency by proposed adoptive parents when, in the judgment of the division or the licensed agency, it would be in the best interests of the child to be placed in that adoptive home.

      2.  The division or child-placing agency shall determine whether a child has special needs and notify the proposed adoptive parents of a child who is determined to have special needs:

      (a) That they may be eligible for a grant of financial assistance pursuant to this section if the petition for adoption is granted; and

      (b) The manner in which to apply for such financial assistance.

      3.  The division may grant financial assistance for attorney’s fees and court costs in the adoption proceeding, for maintenance and for preexisting physical or mental conditions to the adoptive parents out of money provided for that purpose if the administrator of the division has reviewed and approved in writing the proposed adoption and grant of assistance.

      [3.] 4.  The grant of financial assistance must be limited, both as to amount and duration, by agreement in writing between the division and the adoptive parents. The agreement does not become effective until the entry of the order of adoption.

      [4.] 5.  Any grant of financial assistance must be reviewed and evaluated at least once annually by the division. The evaluation must be presented for approval to the administrator of the division. Financial assistance must be discontinued immediately upon written notification to the adoptive parents by the division that continued assistance is denied.

      [5.] 6.  All financial assistance provided under this section ceases immediately when the child attains majority, becomes self-supporting, is emancipated or dies, whichever occurs first.

      [6.] 7.  Neither a grant of financial assistance pursuant to this section nor any discontinuance of such assistance affects the legal status or respective obligations of any party to the adoption.

      Sec. 8.  Chapter 128 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In any action commenced by the natural parent of a child to set aside a court order terminating the parental rights of the natural parent after a petition for adoption has been granted, the best interests of the child must be the primary and determining consideration of the court.

      2.  After a petition for adoption has been granted, there is a presumption for the purposes of this chapter that remaining in the home of the adopting parent is in the child’s best interest.

 

________


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ê1995 Statutes of Nevada, Page 736ê

 

CHAPTER 295, AB 374

Assembly Bill No. 374–Assemblymen Steel, Stroth, Ohrenschall, Monaghan, Manendo, Carpenter, Anderson, Humke, Schneider, Braunlin, Bennett, Fettic, Harrington, Ernaut, Giunchigliani, Allard, Hettrick, Price, Krenzer, Marvel, Freeman, Tiffany, Bache, Batten, Williams, Goldwater, Close, Segerblom, Sandoval, Nolan, de Braga, Spitler, Lambert, Tripple, Evans, Neighbors, Arberry, Brower, Perkins, Dini, Chowning and Buckley

CHAPTER 295

AN ACT relating to the defacement of property; making it unlawful to place graffiti on or otherwise deface the property of another; requiring a person who is found guilty of placing graffiti on or otherwise defacing property to perform community service in addition to any other penalty; authorizing a court to suspend the driving privileges of a person who is found guilty of violating a law relating to the defacement of property; permitting law enforcement agencies to offer a reward for information which leads to the conviction of a person who placed graffiti on or otherwise defaced the property of another; requiring counties and cities to remove or cover graffiti placed on public property; making various other changes; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 21, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 206 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  As used in this chapter, “graffiti” means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn, painted on or affixed to the public or private property, real or personal, of another, which defaces the property.

      Sec. 3.  1.  Unless a greater criminal penalty is provided by a specific statute, a person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged or destroyed and in no event less than a misdemeanor.

      2.  A person who violates subsection 1 shall, in addition to any other fine or penalty imposed:

      (a) For the first offense, perform not less than 25 hours, but not more than 49 hours, of community service.

      (b) For the second offense, perform not less than 50 hours, but not more than 99 hours, of community service.

      (c) For the third and each subsequent offense, perform not less than 100 hours of community service.

The community service assigned pursuant to this subsection must, if possible, be related to the abatement of graffiti.

      3.  The parent or legal guardian of a person under the age of 17 years who violates this section is liable for all fines and penalties imposed against the person. If the parent or legal guardian is unable to pay the fine and penalties resulting from a violation of this section because of financial hardship, the court may require the parent or legal guardian to perform community service.


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ê1995 Statutes of Nevada, Page 737 (Chapter 295, AB 374)ê

 

      4.  If a person who is 18 years of age or older is found guilty of violating this section, the court may issue an order suspending the driver’s license of the person for a period not to exceed 6 months in addition to any other penalty imposed. If such an order is issued, the court shall require the person to surrender all driver’s licenses then held by the person. If the person does not possess a driver’s license, the court may issue an order prohibiting the person from applying for a driver’s license within the 6 months immediately following the date of the order. The court shall within 5 days after issuing the order, forward to the department of motor vehicles and public safety any licenses, together with a copy of the order.

      5.  The department of motor vehicles and public safety:

      (a) Shall not treat a violation of this section in the manner statutorily required for a moving traffic violation.

      (b) Shall report the suspension of a driver’s license pursuant to this section to an insurance company or its agent inquiring about the person’s driving record. An insurance company shall not use any information obtained pursuant to this paragraph for purposes related to establishing premium rates or determining whether to underwrite the insurance.

      6.  Any criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to another statute for the same conduct.

      Sec. 4.  1.  The graffiti reward fund is hereby created in the state general fund.

      2.  When a defendant pleads or is found guilty of violating NRS 206.125 or section 3 of this act, the court shall include an administrative assessment of $250 for each violation in addition to any other fine or penalty. The money collected must be paid by the clerk of the court to the state treasurer on or before the fifth day of each month for the preceding month for credit to the graffiti reward fund.

      3.  All money received pursuant to subsection 2 must be deposited with the state treasurer for credit to the graffiti reward fund. The money in the fund must be used to pay a reward to a person who, in response to the offer of a reward, provides information which results in the identification, apprehension and conviction of a person who violates NRS 206.125 or section 3 of this act.

      4.  If sufficient money is available in the graffiti reward fund, a state law enforcement agency may offer a reward, not to exceed $1,000, for information leading to the identification, apprehension and conviction of a person who violates NRS 206.125 or section 3 of this act. The reward must be paid out of the graffiti reward fund upon approval by the state board of examiners.

      Sec. 5.  NRS 206.125 is hereby amended to read as follows:

      206.125  Unless a greater penalty is provided by law, a person who knowingly vandalizes, places graffiti on, defaces or otherwise damages:

      1.  Any church, synagogue or other building, structure or place used for religious worship or other religious purpose;

      2.  Any cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead;

      3.  Any school, educational facility or community center;

      4.  The grounds adjacent to, and owned or rented by, any institution, facility, building, structure or place described in subsection 1, 2 or 3; or


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ê1995 Statutes of Nevada, Page 738 (Chapter 295, AB 374)ê

 

      5.  Any personal property contained in any institution, facility, building, structure or place described in subsection 1, 2 or 3,

is guilty of a gross misdemeanor.

      Sec. 6.  NRS 41.0334 is hereby amended to read as follows:

      41.0334  1.  Except as otherwise provided in subsection 2, no action may be brought under NRS 41.031 or against an officer or employee of the state or any of its agencies or political subdivisions for injury, wrongful death or other damage sustained in or on a public building or public vehicle by a person who was engaged in any criminal act proscribed in NRS 202.810, 205.005 to 205.080, inclusive, 205.220, 205.225, 205.235, 205.240, 205.245, 205.271 to 205.2741, inclusive, 206.310, 207.210, 331.200 or 393.410 [,] or section 3 of this act, at the time the injury, wrongful death or damage was caused.

      2.  Subsection 1 does not apply to any action for injury, wrongful death or other damage:

      (a) Intentionally caused or contributed to by an officer or employee of the state or any of its agencies or political subdivisions; or

      (b) Resulting from the deprivation of any rights, privileges or immunities secured by the United States Constitution or the constitution of the State of Nevada.

      3.  As used in this section:

      (a) “Public building” includes every house, shed, tent or booth, whether or not completed, suitable for affording shelter for any human being or as a place where any property is or will be kept for use, sale or deposit, and the grounds appurtenant thereto; and

      (b) “Public vehicle” includes every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, waterway or airway,

owned, in whole or in part, possessed, used by or leased to the state or any of its agencies or political subdivisions.

      Sec. 7.  NRS 62.226 is hereby amended to read as follows:

      62.226  1.  Except as otherwise provided in subsection 3, whenever any child is found to have committed the unlawful act of:

      (a) Using, possessing, selling or distributing a controlled substance; [or]

      (b) Purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020 [,] ; or

      (c) Placing graffiti on or otherwise defacing the public or private property, real or personal, of another, in violation of NRS 206.125 or section 3 of this act,

the judge, or his authorized representative, may, if the child possesses a driver’s license, issue an order suspending the child’s driver’s license for 6 months. If such an order is issued, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order.

      2.  If the child does not possess a driver’s license and the child is or will be eligible to apply for a driver’s license within the 2 years immediately following the date of the order, the judge, or his authorized representative, may issue an order prohibiting the child from applying for a driver’s license within the 6 months:

 


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ê1995 Statutes of Nevada, Page 739 (Chapter 295, AB 374)ê

 

issue an order prohibiting the child from applying for a driver’s license within the 6 months:

      (a) Immediately following the date of the order, if the child is eligible to apply for a driver’s license.

      (b) After the date the child will be eligible to apply for a driver’s license, if the child is not eligible to apply for such a license on the date of the order. The court shall, within 5 days after issuing the order, forward to the department of a copy of the order.

      3.  If a child is found to have committed a subsequent unlawful act as set forth in subsection 1, the court shall order the suspension or delay, as appropriate, in issuance of his driver’s license. If the child is already the subject of a court order suspending or delaying the issuance of his driver’s license, the court shall order an additional suspension or delay, as appropriate, to apply consecutively with the previous order.

      4.  The department [shall not:

      (a) Treat] :

      (a) Shall not treat such an unlawful act in the manner statutorily required for moving traffic violations.

      (b) [Report] Shall report a suspension pursuant to this section to an insurance company or its agent inquiring about the child’s driving record. An insurance company shall not use the information obtained pursuant to this paragraph for purposes related to establishing premium rates or determining whether to underwrite the insurance.

      (c) [Require] Shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this section unless the suspension also resulted from his poor performance as a driver.

      Sec. 8.  Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 9, 10 and 11 of this act.

      Sec. 9.  As used in this section and sections 10 and 11 of this act, “graffiti” means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on the public or private property, real or personal, of another, which defaces such property.

      Sec. 10.  1.  The board of county commissioners shall remove or cover all evidence that graffiti has been placed on any real or personal property which it owns or otherwise controls within 15 days after it discovers the graffiti or as soon as practicable.

      2.  The board of county commissioners may bring an action against a person responsible for placing graffiti on the property of the county to recover a civil penalty and damages for the cost of removing or covering the graffiti placed on such property.

      Sec. 11.  1.  The board of county commissioners shall create a graffiti reward and abatement fund. The money in the fund must be used to pay a reward to a person who, in response to the offer of a reward, provides information which results in the identification, apprehension and conviction of a person who violates a county ordinance that prohibits graffiti or other defacement of property.


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ê1995 Statutes of Nevada, Page 740 (Chapter 295, AB 374)ê

 

      2.  When a defendant pleads or is found guilty of violating a county ordinance that prohibits graffiti or other defacement of property, the court shall include an administrative assessment of $250 for each violation in addition to any other fine or penalty. The money collected must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for credit to the graffiti reward and abatement fund.

      3.  If sufficient money is available in the graffiti reward and abatement fund, a county law enforcement agency may offer a reward, not to exceed $1,000 for information leading to the identification, apprehension and conviction of a person who violates a county ordinance that prohibits graffiti or other defacement of property. The reward must be paid out of the graffiti reward and abatement fund upon approval of the board of county commissioners.

      Sec. 12.  Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 13, 14 and 15 of this act.

      Sec. 13.  As used in this section and sections 14 and 15 of this act, “graffiti” means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on the public or private property, real or personal, of another, which defaces such property.

      Sec. 14.  1.  The governing body of a city shall remove or cover all evidence that graffiti has been placed on any real or personal property which it owns or otherwise controls within 15 days after it discovers the graffiti or as soon as practicable.

      2.  The governing body of a city may bring an action against a person responsible for placing graffiti on the property of the city to recover a civil penalty and damages for the cost of removing or covering the graffiti placed on such property.

      Sec. 15.  1.  The governing body of each city shall create a graffiti reward and abatement fund. The money in the fund must be used to pay a reward to a person who, in response to the offer of a reward, provides information which results in the identification, apprehension and conviction of a person who violated a city ordinance that prohibits graffiti or other defacement of property.

      2.  When a defendant pleads or is found guilty of violating a city ordinance that prohibits graffiti or other defacement of property, the court shall include an administrative assessment of $250 for each violation in addition to any other fine or penalty. The money collected must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for credit to the graffiti reward and abatement fund.

      3.  If sufficient money is available in the graffiti reward and abatement fund, a law enforcement agency for the city may offer a reward, not to exceed $1,000 for information leading to the identification, apprehension and conviction of a person who violates a city ordinance that prohibits graffiti or other defacement of property. The reward must be paid out of the graffiti reward and abatement fund upon approval of the governing body of the city.

      Sec. 16.  Chapter 331 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The superintendent shall remove or cover all evidence that graffiti has been placed on the real or personal property which is owned or otherwise controlled by the state within 15 days after he discovers the graffiti or as soon as practicable.


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ê1995 Statutes of Nevada, Page 741 (Chapter 295, AB 374)ê

 

controlled by the state within 15 days after he discovers the graffiti or as soon as practicable.

      2.  The superintendent may bring an action against a person responsible for placing graffiti on the property to recover a civil penalty and damages for the cost of removing or covering the graffiti placed on such property.

      3.  As used in this section, “graffiti” means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on the public or private property, real or personal, of another, which defaces such property.

      Sec. 17.  NRS 483.250 is hereby amended to read as follows:

      483.250  The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:

      1.  To any person who is under the age of 16 years, except that the department may issue:

      (a) A restricted license to a person between the ages of 14 and 16 years pursuant to the provisions of NRS 483.267 and 483.270.

      (b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.

      (c) A restricted instruction permit to a person under the age of 16 years pursuant to the provisions of subsection 3 of NRS 483.280.

      2.  To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.

      3.  To any person whose license has been suspended; but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.

      4.  To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.

      5.  To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.

      6.  To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to drive a motor vehicle with safety upon the highways.

      7.  To any person who is not a resident of this state.

      8.  To any child who is the subject of a court order issued pursuant to NRS 62.226 which delays his privilege to drive.

      9.  To any person who is the subject of a court order issued pursuant to section 3 of this act which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.

      Sec. 18.  NRS 483.460 is hereby amended to read as follows:

      483.460  1.  Unless otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

      (a) For a period of 3 years if the offense is:

             (1) Violation of NRS 484.3795 or subsection 2 of NRS 484.377 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.


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ê1995 Statutes of Nevada, Page 742 (Chapter 295, AB 374)ê

 

             (2) A third or subsequent violation with 7 years of NRS 484.379.

      (b) For a period of 1 year if the offense is:

             (1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             (2) Failure to stop and render aid as required under the laws of the state in the event of a motor vehicle accident resulting in the death or bodily injury of another.

             (3) Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or driving of motor vehicles.

             (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

            (5) A second violation within 7 years of NRS 484.379 and the driver is not eligible for a restricted license during any of that period.

             (6) A violation of NRS 484.348.

      (c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.

      2.  The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege.

      3.  When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794 the department shall reduce by half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

      4.  The department shall revoke the license, permit or privilege of a driver who is required to install a device pursuant to NRS 484.3943 but operates a motor vehicle without such a device:

      (a) For 1 year if it is his first such offense during the period of required use of the device.

      (b) For 5 years if it is his second such offense during the period of required use of the device.

      5.  When the department is notified that a court has [, pursuant] :

      (a) Pursuant to NRS 62.226, ordered the suspension or delay in issuance of a child’s license [,] ; or

      (b) Pursuant to section 3 of this act, ordered the suspension or delay in issuance of a person’s license,

the department shall take such actions as are necessary to carry out the court’s order.

      Sec. 19.  The amendatory provisions of this act do not apply to offenses which are committed before October 1, 1995.

 

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ê1995 Statutes of Nevada, Page 743ê

 

CHAPTER 296, SB 551

Senate Bill No. 551–Committee on Natural Resources

CHAPTER 296

AN ACT relating to water; repealing Senate Bill No. 97 of this session; and providing other matters properly relating thereto.

 

[Approved June 21, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Sections 1 and 2 of Senate Bill No. 97 of this session are hereby repealed.

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

 

________

 

 

CHAPTER 297, SB 544

Senate Bill No. 544–Committee on Government Affairs

CHAPTER 297

AN ACT relating to the state personnel system; providing for the use of catastrophic leave by a state employee for a death in his immediate family; and providing other matters properly relating thereto.

 

[Approved June 21, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 284.362 is hereby amended to read as follows:

      284.362  As used in NRS 284.362 to 284.3626, inclusive, “catastrophe” means:

      1.  The employee is unable to perform the duties of his position because of a serious illness or accident which is life threatening or which will require a lengthy convalescence; [or]

      2.  There is a serious illness or accident which is life threatening or which will require a lengthy convalescence in the employee’s immediate family [.] ; or

      3.  There is a death in the employee’s immediate family.

The commission shall adopt regulations further defining “catastrophe” to [assure] ensure that the term is limited to serious calamities.

      Sec. 2.  NRS 284.3622 is hereby amended to read as follows:

      284.3622  1.  An employee of an appointing authority may request, in writing, that a specified number of hours of leave be transferred from the account for catastrophic leave to his account. The maximum number of hours that may be transferred to an employee pursuant to this section is 1,040 in any 1 calendar year.

      2.  The request must include:

      (a) The employee’s name, title and classification; and

      (b) A description of the catastrophe and the expected duration of leave required for that catastrophe.


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

ê1995 Statutes of Nevada, Page 744 (Chapter 297, SB 544)ê

 

      3.  An employee may not receive any leave from the account for catastrophic leave until he has used all his accrued annual, sick and compensatory leave.

      4.  An employee who receives leave from the account for catastrophic leave is entitled to payment for that leave at a rate no greater than his own rate of pay.

      Sec. 3.  NRS 284.3624 is hereby amended to read as follows:

      284.3624  1.  The appointing authority shall review the status of the [catastrophe of the] employee regarding the catastrophe and determine when the need to take leave for the catastrophe no longer exists.

      2.  The appointing authority shall not grant any hours of leave from the account for catastrophic leave after:

      (a) The need to take leave for the catastrophe ceases to exist; or

      (b) The employee who is receiving the leave resigns or his employment with the appointing authority is terminated.

      3.  Any leave which the employee received from the account for catastrophic leave which was not used at the time the need to take leave for the catastrophe ceases to exist or upon the resignation or termination of the employment of the employee must be returned to the account for catastrophic leave.

 

________

 

 

CHAPTER 298, SB 520

Senate Bill No. 520–Committee on Taxation

CHAPTER 298

AN ACT relating to taxes on retail sales; providing an abatement from certain sales and use taxes for eligible machinery and equipment used by certain businesses in this state; and providing other matters properly relating thereto.

 

[Approved June 21, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who maintains a business or intends to locate a business in this state may apply to the commission on economic development for an abatement from the taxes imposed by this chapter on the gross receipts from the sale, and the storage, use or other consumption, of eligible machinery or equipment for use by a business which has been approved for an abatement pursuant to subsection 2.

      2.  The commission on economic development may approve an application for an abatement if:

      (a) The goals of the business are consistent with the goals of the commission concerning industrial development and diversification;

      (b) The commission determines that the abatement is a significant factor in the decision of the applicant to locate or expand a business in this state;


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ê1995 Statutes of Nevada, Page 745 (Chapter 298, SB 520)ê

 

      (c) The average hourly wage paid by the business to its employees in this state is at least equal to the average statewide industrial hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year;

      (d) The business provides a health insurance plan for its employees that includes an option for health insurance coverage for dependents of employees;

      (e) The business is registered pursuant to the laws of this state or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates;

      (f) The business will provide at least 10 full-time, permanent jobs in Nevada by the fourth quarter that it is in operation; and

      (g) The applicant commits to maintaining his business in this state for at least 5 years.

      3.  An applicant shall, upon the request of the executive director of the commission on economic development, furnish to the director copies of all records necessary for the director to verify that the applicant meets the requirement of paragraph (c) of subsection 2.

      4.  The commission on economic development may approve an application for an abatement which does not meet the requirements of subsection 2 if the commission determines that such an approval is warranted.

      5.  If an application for an abatement is approved, the taxpayer is eligible for an abatement from the tax imposed by this chapter for 2 years.

      6.  If an application for an abatement is approved, the commission on economic development shall immediately forward a certificate of eligibility for the abatement to the Nevada tax commission.

      7.  If a business for which an abatement has been approved is not maintained in this state for at least 5 years after the commission on economic development approved the abatement, the person who applied for the abatement shall repay to the department the amount of the abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada tax commission determines that the business has substantially complied with the requirements of this section. The person who applied for the abatement shall pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the abatement not been granted until the date of the actual payment of the tax.

      8.  The commission on economic development shall adopt regulations which it considers necessary to carry out the provisions of this section.

      9.  As used in this section, unless the context otherwise requires, “eligible machinery or equipment” means machinery or equipment for which a deduction is authorized pursuant to 26 U.S.C. § 179. The term does not include:

      (a) Buildings or the structural components of buildings;

      (b) Equipment used by a public utility;

      (c) Equipment used for medical treatment;

      (d) Machinery or equipment used in mining; or


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ê1995 Statutes of Nevada, Page 746 (Chapter 298, SB 520)ê

 

      (e) Machinery or equipment used in gaming.

      Sec. 2.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on July 1, 1995, for all other purposes.

 

________

 

 

CHAPTER 299, SB 301

Senate Bill No. 301–Committee on Finance

CHAPTER 299

AN ACT relating to programs for public employees; establishing for the next biennium the amount to be paid by the state for group insurance for participating officers and employees; and providing other matters properly relating thereto.

 

[Approved June 21, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  For the purposes of NRS 287.044 and 287.0445 and subsection 1 of NRS 287.046, the state’s share of the cost of premiums or contributions for group insurance for each public officer or employee who elects to participate in the state’s group insurance program is:

      1.  For fiscal year 1995-1996, $236.69 per month.

      2.  For fiscal year 1996-1997, $247.34 per month.

      Sec. 2.  For the purposes of subsection 2 of NRS 287.046, the base amount for the state’s share of the cost of premiums or contributions for group insurance for each person who is retired from the service of the state and continues to participate in the state’s group insurance program is:

      1.  For fiscal year 1995-1996, $133.35 per month.

      2.  For fiscal year 1996-1997, $139.35 per month.

      Sec. 3.  This act becomes effective on July 1, 1995.

 

________


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

ê1995 Statutes of Nevada, Page 747ê

 

CHAPTER 300, AB 297

Assembly Bill No. 297–Assemblymen Goldwater, Perkins and Anderson

CHAPTER 300

AN ACT relating to juveniles; authorizing a juvenile court to order counseling for a child and his parent or guardian under certain circumstances; authorizing such a court to order the parent or guardian of a child who has committed a delinquent act to pay any fines and penalties imposed for the delinquent act; and providing other matters properly relating thereto.

 

[Approved June 21, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 62.211 is hereby amended to read as follows:

      62.211  1.  Except as otherwise provided in NRS 62.212, if the court finds that a child is within the purview of this chapter it shall so decree and may:

      (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.

      (b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

      (c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.

      (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

      (e) Place the child, when he is not in school, under the supervision of:

             (1) A public organization to work on public projects;

             (2) A public agency to work on projects to eradicate graffiti; or

             (3) A private nonprofit organization to perform other public service.

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.


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

ê1995 Statutes of Nevada, Page 748 (Chapter 300, AB 297)ê

 

to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.

      (f) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.

      (g) Require the child to provide restitution to the victim of the crime which the child has committed.

      (h) Impost a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

      2.  If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child:

      (a) To attend or participate in counseling, alone or together with the child. The counseling required may include, but is not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.

      (b) To pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.

      3.  If the court finds that the child is a serious or chronic offender, it may, in addition to the options set forth in [subsection] subsections 1 and 2 of this section and NRS 62.213:

      (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

      (b) Impose any other punitive measures the court determines to be in the best interests of the public.

      [3.] 4.  At the time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

      [4.] 5.  Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

      [5.] 6.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.

      Sec. 2.  Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1995.

 

________


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

ê1995 Statutes of Nevada, Page 749ê

 

CHAPTER 301, AB 645

Assembly Bill No. 645–Committee on Health and Human Services

CHAPTER 301

AN ACT relating to healing arts; authorizing an unlicensed personal assistant to provide certain services to a person with a physical disability under certain circumstances; exempting such personal assistants from certain licensing requirements applicable to other providers of health care; and providing other matters properly relating thereto.

 

[Approved June 22, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 4, a provider of health care may authorize a person to act as a personal assistant to perform specific medical, nursing or home health care services for a person with a physical disability without obtaining any license required for a provider of health care or his assistant to perform the service if:

      (a) The services to be performed are services that a person without a physical disability usually and customarily would personally perform without the assistance of a provider of health care;

      (b) The provider of health care determines that the personal assistant has the knowledge, skill and ability to perform the services competently;

      (c) The provider of health care determines that the procedures involved in providing the services are simple and the performance of such procedures by the personal assistant does not pose a substantial risk to the person with a physical disability;

      (d) The provider of health care determines that the condition of the person with a physical disability is stable and predictable; and

      (e) The personal assistant agrees with the provider of health care to refer the person with a physical disability to the provider of health care if:

             (1) The condition of the person with a physical disability changes or a new medical condition develops;

             (2) The progress or condition of the person with a physical disability after the provision of the service is different than expected;

             (3) An emergency situation develops; or

             (4) Any other situation described by the provider of health care develops.

      2.  A provider of health care that authorizes a personal assistant to perform certain services shall note in the medical records of the person with a physical disability who receives such services:

      (a) The specific services that he has authorized the personal assistant to perform; and

      (b) That the requirements of this section have been satisfied.

      3.  After a provision of health care has authorized a personal assistant to perform specific services for a person with a physical disability, no further authorization or supervision by the provider is required for the continued provision of those services.


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

ê1995 Statutes of Nevada, Page 750 (Chapter 301, AB 645)ê

 

      4.  A personal assistant shall not:

      (a) Perform services pursuant to this section for a person with a physical disability who resides in a medical facility.

      (b) Perform any medical, nursing or home health care service for a person with a physical disability which is not specifically authorized by a provider of health care pursuant to subsection 1.

      5.  A provider of health care who determines in good faith that a personal assistant has complied with and meets the requirements of this section is not liable for civil damages as a result of any act or omission, not amounting to gross negligence, committed by him in making such a determination and is not liable for any act or omission of the personal assistant.

      6.  As used in this section:

      (a) “Personal assistant” means a person who, under the direction of a person with a physical disability and for compensation, performs services for the person with a physical disability to help him maintain his independence, personal hygiene and safety.

      (b) “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, a dentist, a registered nurse, a licensed practical nurse, a physical therapist or an occupational therapist.

      Sec. 2.  NRS 630A.590 is hereby amended to read as follows:

      630A.590  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 homeopathic medicine under a false or assumed name; or

      4.  [Practices] Except as otherwise provided in section 1 of this act, practices homeopathic medicine without being licensed under this chapter,

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 $5,000.

      Sec. 3.  NRS 630A.600 is hereby amended to read as follows:

      630A.600  [Any] Except as otherwise provided in suction 1 of this act, a person who practices homeopathic medicine [, unless licensed under] without a license issued pursuant to this chapter, 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 $5,000.

      Sec. 4.  NRS 631.395 is hereby amended to read as follows:

      631.395  A person is guilty of the illegal practice of dentistry or dental hygiene who:

      1.  Sells or barters, or offers to sell or barter, any diploma or document conferring or purporting to confer any dental degree, or any certificate or transcript made or purporting to be made pursuant to the laws regulating the licensing and registration of dentists or dental hygienists;

      2.  Purchases or procures by barter any such diploma, certificate or transcript, with the intent that it be used as evidence of the holder’s qualifications to practice dentistry, or in fraud of the laws regulating that practice;

      3.  With fraudulent intent, alters in a material regard any such diploma, certificate or transcript;


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ê1995 Statutes of Nevada, Page 751 (Chapter 301, AB 645)ê

 

      4.  Uses or attempts to use any diploma, certificate or transcript, which has been purchased, fraudulently issued, counterfeited or materially altered, either as a license or color of license to practice dentistry, or in order to procure registration as a dentist or a dental hygienist;

      5.  Practices dentistry under a false or assumed name;

      6.  Assumes the degree of “Doctor of Dental Surgery” or “Doctor of Dental Medicine” or appends the letters “D.D.S.” or “D.M.D.” or “R.D.H.” to his name, not having conferred upon him, by diploma from an accredited dental or dental hygiene college or school legally empowered to confer the title, the right to assume the title; or assumes any title or appends any letters to his name with the intent to represent falsely that he has received a dental degree or license;

      7.  Willfully makes, as an applicant for examination, license or registration under this chapter, a false statement in a material regard in an affidavit required by this chapter;

      8.  Within 10 days after a demand is made by the secretary-treasurer, fails to furnish to the board the names and addresses of all persons practicing or assisting in the practice of dentistry in the office of the person at any time within 60 days before the notice, together with a sworn statement showing under and by what license or authority the person and his employee are and have been practicing dentistry, but the affidavit must not be used as evidence against the person in any proceeding under this chapter;

      9.  [Practices] Except as otherwise provided in suction 1 of this act, practices dentistry or dental hygiene in this state without a license;

      10.  Except as otherwise provided in NRS 631.385, owns or controls a dental practice, shares in the fees received by a dentist or controls or attempts to control the services offered by a dentist if the person is not himself licensed pursuant to this chapter; or

      11.  Aids or abets another in violating any of the provisions of this chapter.

      Sec. 5.  NRS 632.285 is hereby amended to read as follows:

      632.285  1.  Any person, except a nursing assistant trainee, who for compensation practices or offers to practice as a nursing assistant in this state is required to submit evidence that he is qualified so to practice and must be certified as provided in this chapter.

      2.  It is unlawful for any person:

      (a) To practice or to offer to practice as a nursing assistant in this state or to use any title, abbreviation, sign, card or device to indicate that he is practicing as a nursing assistant in this state unless he has been certified pursuant to the provisions of this chapter.

      (b) [Who] Except as otherwise provided in section 1 of this act, who does not hold a certificate authorizing him to practice as a nursing assistant issued pursuant to the provisions of this chapter to perform or offer to perform basic nursing services in this state, unless the person is a nursing assistant trainee.

      (c) To be employed as a nursing assistant trainee for more than 4 months.

      Sec. 6.  NRS 632.340 is hereby amended to read as follows:

      632.340  None of the provisions of NRS 632.130 or 632.260 may be construed as prohibiting:

      1.  Gratuitous nursing by friends or by members of the family of a patient.


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ê1995 Statutes of Nevada, Page 752 (Chapter 301, AB 645)ê

 

      2.  The incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter.

      3.  Nursing assistance in the case of an emergency.

      4.  The practice of nursing by students enrolled in accredited schools of professional or practical nursing, or by graduates of such schools [or courses] pending the results of the first licensing examination scheduled by the board following graduation. A student or graduate may not work as a nursing assistant unless he is certified to practice as a nursing assistant pursuant to the provisions of this chapter.

      5.  The practice of nursing in this state by any legally qualified nurse of another state whose engagement requires him to accompany and care for a patient temporarily residing in this state during the period of one such engagement, not to exceed 6 months in length, provided the person does not represent or hold himself out as a nurse licensed to practice in this state.

      6.  The practice of any legally qualified nurse of another state who is employed by the United States Government or any bureau, division or agency thereof, while in the discharge of his official duties in this state.

      7.  Nonmedical nursing for the care of the sick, with or without compensation, when done by the adherents of, or in connection with, the practice of the religious tenets of any well-recognized church or religious denomination, so long as such nursing does not amount to the practice of practical or professional nursing as defined in NRS 632.017 and 632.018, respectively.

      8.  A personal assistant from performing services for a person with a physical disability pursuant to section 1 of this act.

      Sec. 7.  NRS 633.741 is hereby amended to read as follows:

      633.741  A person who:

      1.  [Practices] Except as otherwise provided in section 1 of this act, practices osteopathic medicine:

      (a) Without a license valid under this chapter; or

      (b) Beyond the limitations ordered upon his practice by the board or the court;

      2.  Presents as his own the diploma, license or credentials of another;

      3.  Gives either false or forged evidence of any kind to the board or any of its members in connection with an application for a license or an application to employ an osteopathic physician’s assistant;

      4.  Files for record the license issued to another, falsely claiming himself to be the person named in the license, or falsely claiming himself to be the person entitled to the license;

      5.  Practices osteopathic medicine under a false or assumed name or falsely personates another licensee of a like or different name;

      6.  Holds himself out as an osteopathic physician’s assistant or who uses any other term indicating or implying that he is an osteopathic physician’s assistant, unless he has been approved by the board, as provided in this chapter; or

      7.  Employs a person as an osteopathic physician’s assistant before such employment is approved as provided in this chapter, shall be punished by imprisonment in the state prison for not less than 1 nor more than 6 years, and may be further punished by a fine of not more than $5,000.


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ê1995 Statutes of Nevada, Page 753 (Chapter 301, AB 645)ê

 

shall be punished by imprisonment in the state prison for not less than 1 nor more than 6 years, and may be further punished by a fine of not more than $5,000.

      Sec. 8.  NRS 640.169 is hereby amended to read as follows:

      640.169  [It] Except as otherwise provided in section 1 of this act, it is unlawful for any person to practice physical therapy in this state unless he holds a license or a temporary license issued pursuant to this chapter.

      Sec. 9.  NRS 640A.230 is hereby amended to read as follows:

      640A.230  1.  [A] Except as otherwise provided in section 1 of this act, a person shall not practice occupational therapy, or represent that he is authorized to practice occupational therapy, in this state unless he holds a current license issued pursuant to this chapter.

      2.  A licensed occupational therapist shall directly supervise the work of any person who assists him as an aid or technician.

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

      Sec. 10.  Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1995.

 

________

 

 

CHAPTER 302, AB 681

Assembly Bill No. 681–Committee on Health and Human Services

CHAPTER 302

AN ACT relating to the care of children; revising the provisions governing the submission of fingerprints used during an investigation by the bureau of services for child care of the division of child and family services of the department of human resources of a person who provides child care; and providing other matters properly relating thereto.

 

[Approved June 22, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 432A.175 is hereby amended to read as follows:

      432A.175  1.  Every applicant, licensee and employee of an applicant or licensee, and every resident of a child care facility or participant in an outdoor youth program who is 18 years of age or older, shall submit to the bureau , or to the person or agency designated by the bureau, a:

      (a) Complete set of fingerprints and a written authorization for the bureau or its designee to forward the fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report; and

      (b) Written statement detailing any prior criminal convictions,

to enable the bureau to conduct an investigation pursuant to NRS 432A.170.


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ê1995 Statutes of Nevada, Page 754 (Chapter 302, AB 681)ê

 

      2.  If an employee of an applicant or licensee, or such a resident or participant, has been convicted of any crime listed in subsection 2 of NRS 432A.170, the bureau shall immediately notify the applicant or licensee.

      Sec. 2.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 303, AB 333

Assembly Bill No. 333–Committee on Transportation

CHAPTER 303

AN ACT relating to taxation; revising the circumstances under which a vehicle shall be deemed a new vehicle for determining the valuation of the vehicle for the calculation of the privilege tax thereon; and providing other matters properly relating thereto.

 

[Approved June 22, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 371.060 is hereby amended to read as follows:

      371.060  1.  Except as otherwise provided in subsection 2, each vehicle must be depreciated by the department for the purposes of the annual privilege tax according to the following schedule:

 

Age                                                                                                 Percentage of

                                                                                                       Initial Value

 

New..............................................................................................   100 percent

1 year............................................................................................     85 percent

2 years..........................................................................................     75 percent

3 years..........................................................................................     65 percent

4 years..........................................................................................     55 percent

5 years..........................................................................................     45 percent

6 years..........................................................................................     35 percent

7 years..........................................................................................     25 percent

8 years..........................................................................................     15 percent

9 years or more...........................................................................       5 percent

 

      2.  Each bus, truck or truck tractor having a declared gross weight of 10,000 pounds or more and each trailer or semitrailer having an unladen weight of 4,000 pounds or more must be depreciated by the department for the purposes of the annual privilege tax according to the following schedule:

 

 

Age                                                                                                 Percentage of

                                                                                                       Initial Value

 

New..............................................................................................   100 percent

1 year............................................................................................     75 percent

2 years..........................................................................................     59 percent

3 years..........................................................................................     47 percent

4 years.......................................................................................... 37 percent 5 years                  28 percent

 


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ê1995 Statutes of Nevada, Page 755 (Chapter 303, AB 333)ê

 

5 years..........................................................................................     28 percent

6 years..........................................................................................     23 percent

7 years..........................................................................................     20 percent

8 years..........................................................................................     17 percent

9 years..........................................................................................     15 percent

10 years or more.........................................................................     13 percent

 

      3.  Notwithstanding any other provision of this section, the minimum amount of privilege tax:

      (a) On any trailer having an unladen weight of 1,000 pounds or less is $3; and

      (b) On any other vehicle is $6.

      4.  For the purposes of this section, a vehicle shall be deemed a “new” vehicle if the vehicle has never been registered with the department and has never been registered with the appropriate agency of any other state, the District of Columbia, any territory or possession of the United States or any foreign state, province or country.

 

________

 

 

CHAPTER 304, AB 482

Assembly Bill No. 482–Assemblyman Freeman (by request)

CHAPTER 304

AN ACT relating to school nurses; extending the requirement that each school district develop a plan to reduce the ratio of pupils to school nurses; requiring the state board of education to report to the Nevada legislature on the progress of schools to develop a plan; and providing other matters properly relating thereto.

 

[Approved June 22, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 5 of chapter 535, Statutes of Nevada 1991, at page 1699, is hereby amended to read as follows:

       Sec. 5.  1.  Each school district shall:

       (a) Develop a plan for the school district to achieve and maintain a ratio of one school nurse for every 1,000 pupils enrolled in the school district, and submit that plan to the state board of education.

       (b) By January 1, 1993, [and] January 1, 1995, and January 1, 1997, report to the state board of education the progress made in achieving a ratio of one school nurse for every 1,000 pupils enrolled in the school district.

       2.  The state board of education shall report to the 67th, [and] 68th and 69th sessions of the Nevada legislature:


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

ê1995 Statutes of Nevada, Page 756 (Chapter 304, AB 482)ê

 

       (a) The progress made by the school districts in achieving a ratio of one school nurse for every 1,000 pupils enrolled in a school district.

       (b) The need for and the estimated cost of maintaining a ratio of one school nurse for every 1,000 pupils enrolled in a school district.

 

________

 

 

CHAPTER 305, AB 131

Assembly Bill No. 131–Committee on Judiciary

CHAPTER 305

AN ACT relating to gaming; providing for the regulation of inter-casino linked systems; prohibiting the operation of such a system without a license; providing exceptions to the requirement of licensure; authorizing a deduction from gross revenue for certain payouts to patrons; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 22, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  “Inter-casino linked system” means a network of electronically interfaced similar games which are located at two or more licensed gaming establishments that are linked to conduct gaming activities, contests or tournaments.

      Sec. 3.  “Operator of an inter-casino linked system” means a person who, under any agreement whereby consideration is paid or payable for the right to place an inter-casino linked system, engages in the business of placing and operating an inter-casino linked system upon the premises of two or more licensed gaming establishments, and who is authorized to share in the revenue from the linked games without having been individually licensed to conduct gaming at the establishment.

      Sec. 4.  “Periodic payments” means a series of payments that are disbursed at least annually to remit payouts on winning wagers to a patron.

      Sec. 5.  The commission may adopt regulations governing the operation of inter-casino linked systems and the licensing of the operators of such systems.

      Sec. 6.  NRS 463.013 is hereby amended to read as follows:

      463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.0197, inclusive, and sections 2, 3 and 4 of this act, have the meanings ascribed to them in those sections.

      Sec. 7.  NRS 463.0153 is hereby amended to read as follows:

      463.0153  “Gaming” or “gambling” means to deal, operate, carry on, conduct, maintain or expose for play any game as defined in NRS 463.0152 [.] , or to operate an inter-casino linked system.

      Sec. 8.  NRS 463.0157 is hereby amended to read as follows:

      463.0157  1.  “Gaming employee” means any person connected directly with an operator of a slot route, the operator of a pari-mutuel system , the operator of an inter-casino linked system or a manufacturer, distributor or disseminator, or with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, including:

 


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ê1995 Statutes of Nevada, Page 757 (Chapter 305, AB 131)ê

 

operator of an inter-casino linked system or a manufacturer, distributor or disseminator, or with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, including:

      (a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;

      (b) Boxmen;

      (c) Cashiers;

      (d) Change personnel;

      (e) Counting room personnel;

      (f) Dealers;

      (g) Employees of a person required by NRS 464.010 to be licensed to operate an off-track pari-mutuel system;

      (h) Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing;

      (i) Employees of manufacturers or distributors of gaming equipment within this state whose duties are directly involved with the manufacture, repair or distribution of gaming equipment;

      (j) Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;

      (k) Employees of operators of inter-casino linked systems;

      (l) Floormen;

      [(l)] (m) Hosts or other persons empowered to extend credit or complimentary services;

      [(m)] (n) Keno runners;

      [(n)] (o) Keno writers;

      [(o)] (p) Machine mechanics;

      [(p)] (q) Odds makers and line setters;

      [(q)] (r) Security personnel;

      [(r)] (s) Shift or pit bosses;

      [(s)] (t) Shills;

      [(t)] (u) Supervisors or managers; and

      [(u)] (v) Ticket writers.

      2.  “Gaming employee” does not include bartenders, cocktail waitresses or other persons engaged exclusively in preparing or serving food or beverages.

      Sec. 9.  NRS 463.0161 is hereby amended to read as follows:

      463.0161  1.  “Gross revenue” means the total of all:

      (a) Cash received as winnings;

      (b) Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and

      (c) Compensation received for conducting any game in which the licensee is not party to a wager,

less the total of all cash paid out as losses to patrons, those amounts paid to [purchase annuities to fund losses paid to patrons over several years by independent financial institutions] fund periodic payments and any other items made deductible as losses by NRS 463.3715. For the purposes of this section, cash or the value of noncash prizes awarded to patrons in a contest or tournament are not losses [.]


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

ê1995 Statutes of Nevada, Page 758 (Chapter 305, AB 131)ê

 

tournament are not losses [.] , except that losses in a contest or tournament conducted in conjunction with an inter-casino linked system may be deducted to the extent of the compensation received for the right to participate in that contest or tournament.

      2.  The term does not include:

      (a) Counterfeit money or tokens;

      (b) Coins of other countries which are received in gaming devices;

      (c) Any portion of the face value of any chip, token or other representative of value won by a licensee from a patron for which the licensee can demonstrate that it or its affiliate has not received cash;

      (d) Cash taken in fraudulent acts perpetrated against a licensee for which the licensee is not reimbursed;

      (e) Cash received as entry fees for contests or tournaments in which patrons compete for prizes [;] , except for a contest or tournament conducted in conjunction with an inter-casino linked system; or

      (f) Uncollected baccarat commissions.

      3.  As used in this section, “baccarat commission” means:

      (a) A fee assessed by a licensee on cash paid out as a loss to a patron at baccarat to modify the odds of the game; or

      (b) A rate or fee charged by a licensee for the right to participate in a baccarat game.

      Sec. 10.  NRS 463.160 is hereby amended to read as follows:

      463.160  1.  Except as otherwise provided in subsection [3,] 4, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:

      (a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any gambling game, gaming device, inter-casino linked system, slot machine, race book or sports pool;

      (b) To provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or

      (c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, gaming device, race book or sports pool,

without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated town.

      2.  The licensure of an operator of an inter-casino linked system is not required if:

      (a) A gaming licensee is operating an inter-casino linked system on the premises of an affiliated licensee; or

      (b) An operator of a slot machine route is operating an inter-casino linked system consisting of slot machines only.

      3.  Except as otherwise provided in subsection [3,] 4, it is unlawful for any person knowingly to permit any gambling game, slot machine, gaming device, inter-casino linked system, race book or sports pool to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, by a person who is not licensed pursuant to this chapter, or his employee.


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

ê1995 Statutes of Nevada, Page 759 (Chapter 305, AB 131)ê

 

      [3.] 4. The commission may, by regulation, authorize a person to own or lease slot machines for the limited purpose of display or use in the person’s private residence without procuring a state gaming license.

      5.  As used in this section, “affiliated licensee” has the meaning ascribed to it in NRS 463.430.

      Sec. 11.  NRS 463.245 is hereby amended to read as follows:

             463.245  1.  Except as otherwise provided in subsection 3, all licenses issued to the same person, including a wholly owned subsidiary of that person, for the operation of any game, including a sports pool or race book, which authorize gaming at the same establishment must be merged into a single gaming license. A gaming license may not be issued to any person if the issuance would result in more than one licensed operation at a single establishment, whether or not the profits or revenue from gaming are shared between the licensed operations.

      2.  A person who has been issued a nonrestricted gaming license may establish a sports pool or race book on the premises of the establishment at which he conducts a nonrestricted gaming operation only after obtaining permission from the commission.

      3.  A person who has been issued a license to operate a sports pool or race book at an establishment may be issued a license to operate a sports pool or race book at another establishment if the second establishment is operated by a person who has been issued a nonrestricted license.

      4.  Nothing in this section limits or prohibits an operator of an inter-casino linked system from placing such a system on the premises of two or more gaming licensees and receiving, either directly or indirectly, any compensation or any percentage or share of the money or property played from the linked games. An inter-casino linked system must not be used to link games other than slot machines, unless such games are located at an establishment that is licensed for games other than slot machines.

      Sec. 12.  NRS 463.370 is hereby amended to read as follows:

      463.370  1.  Except as otherwise provided in NRS 463.373, the commission shall charge and collect from each licensee a license fee based upon all the gross revenue of the licensee as follows:

 

Three percent of all the gross revenue of the licensee which does not exceed $50,000 per calendar month;

Four percent of all the gross revenue of the licensee which exceeds $50,000 per calendar month and does not exceed $134,000 per calendar month; and

Six and one-quarter percent of all the gross revenue of the licensee which exceeds $134,000 per calendar month.

 

      2.  Unless the licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar month, on or before the 24th day of the following month. Except for the fee based on the first full month of operation, the fee is an estimated payment of the license fee for the third month following the month whose gross revenue is used as its basis.


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

ê1995 Statutes of Nevada, Page 760 (Chapter 305, AB 131)ê

 

      3.  When a licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that month, on or before the 24th day of the following calendar month of operation. After the first full calendar month of operation, the commission shall charge and collect the fee based on the gross revenue received during that month, on or before the 24th day of the following calendar month. The payment of the fee due the first full calendar month of operation must be accompanied by the payment of a fee equal to three times the fee for the first full calendar month. This additional amount is an estimated payment of the license fees for the next three calendar months. Thereafter, each license fee must be paid in the manner described in subsection 2. Any deposit held by the commission on July 1, 1969, must be treated as an advance estimated payment.

      4.  All revenue received from any game or gaming device which is [leased for operation on the premises of the licensee-owner to a person other than the owner thereof, or located in an area or space on the premises which is leased by the licensee-owner to any such person, must be attributed to the owner for the purposes of this section and be counted as part of the gross revenue of the owner. The lessee is liable to the owner for his proportionate share of the license fees.] operated on the premises of a licensee, regardless of whether any portion of the revenue is shared with any other person, must be attributed to the licensee for the purposes of this section and counted as part of the gross revenue of the licensee. Any other person who is authorized to receive a share of the revenue is liable to the licensee for his proportionate share of the license fees paid pursuant to this section.

      5.  Any person required to pay a fee pursuant to this section shall file with the commission, on or before the 24th day of each calendar month, a report showing the amount of all gross revenue received during the preceding calendar month. Each report must be accompanied by:

      (a) The fee due based on the revenue of the month covered by the report; and

      (b) An adjustment for the difference between the estimated fee previously paid for the month covered by the report, if any, and the fee due for the actual gross revenue earned in that month. If the adjustment is less than zero, a credit must be applied to the estimated fee due with that report.

      6.  If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid by the licensee, the commission shall:

      (a) Charge and collect the additional license fees determined to be due, with interest thereon until paid; or

      (b) Refund any overpayment, with interest thereon, to the licensee.

Interest must be computed at the rate prescribed in NRS 17.130 from the first day of the first month following either the due date of the additional license fees or the date of overpayment until paid.

      7.  Failure to pay the fees provided for in this section shall be deemed a surrender of the license at the expiration of the period for which the estimated payment of fees has been made, as established in subsection 2.

      8.  Except as otherwise provided in NRS 463.386, the amount of the fee prescribed in subsection 1 must not be prorated.


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

ê1995 Statutes of Nevada, Page 761 (Chapter 305, AB 131)ê

 

      9.  Except as otherwise provided in NRS 463.386, if a licensee ceases operation, the commission shall:

      (a) Charge and collect the additional license fees determined to be due with interest or

      (b) Refund any overpayment, with interest thereon, to the licensee,

based upon the gross revenue of the licensee during the last 3 months immediately preceding the cessation of operation, or portions of those last 3 months.

      10.  If in any month, the amount of gross revenue is less than zero, the licensee may offset the loss against gross revenue in succeeding months until the loss has been fully offset.

      11.  If in any month, the amount of the license fee due is less than zero, the licensee is entitled to receive a credit against any license fees in succeeding months until the credit has been fully offset.

      Sec. 13.  NRS 463.3715 is hereby amended to read as follows:

      463.3715  1.  In calculating gross revenue, any prizes, premiums, drawings, benefits or tickets that are redeemable for money or merchandise or other promotional allowance, except money or tokens paid at face value directly to a patron as the result of a specific wager , [and the amount of cash paid to purchase an annuity to fund winnings paid to that patron over several years by an independent financial institution,] must not be deducted as losses from winnings at any game except a slot machine.

      2.  In calculating gross revenue, the amount of cash paid to fund periodic payments may be deducted as losses from winnings for any game.

      3.  In calculating gross revenue from slot machines, the actual cost to the licensee of any personal property distributed to a patron as the result of a legitimate wager may be deducted as a loss, but not travel expenses, food, refreshments, lodging or services.

      [3.] 4.  In calculating gross revenue from bingo, a licensee who provides a patron with additional play at bingo as the result of an initial wager may deduct as losses from winning all money or tokens paid directly to that patron as a result of such additional play.

      5.  In calculating gross revenue, a licensee may deduct its pro rata share of a payout from a game played in an inter-casino linked system except for a payout made in conjunction with a card game. The amount of the deduction must be determined based upon the written agreement among the licensed gaming establishments participating in the inter-casino linked system and the operator of the system. All cash prizes and the value of noncash prizes awarded during a contest or tournament conducted in conjunction with an inter-casino linked system are also deductible on a pro rata basis to the extent of the compensation received for the right to participate in that contest or tournament. The deductions may be taken only by those participating licensed gaming establishments that held an active gaming license at any time during the month in which the payout was awarded.

      Sec. 14.  NRS 463.3855 is hereby amended to read as follows:

      463.3855  1.  In addition to any other state license fees imposed by this chapter, the commission shall, before issuing a state gaming license to an operator of a slot machine route [,] or an operator of an inter-casino linked system, charge and collect from him an annual license fee of $500.


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

ê1995 Statutes of Nevada, Page 762 (Chapter 305, AB 131)ê

 

      2.  Each such license must be issued for a calendar year beginning January 1 and ending December 31. If the operation of the licensee is continuing, the commission shall charge and collect the fee on or before December 31 for the ensuing calendar year.

      3.  Except as otherwise provided in NRS 463.386, the fee to be charged and collected under this section is the full annual fee, without regard to the date of application for or issuance of the license.

      Sec. 15.  NRS 463.650 is hereby amended to read as follows:

      463.650  1.  Except as otherwise provided in subsections 2 to 5, inclusive, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device or cashless wagering system for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.

      2.  A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.

      3.  The holder of a state gaming license or the holding company of a corporation, partnership, limited partnership, limited-liability company or other business organization holding a license may, within 2 years after cessation of business or upon specific approval by the board, dispose of by sale in a manner approved by the board, any or all of its gaming devices, including slot machines, and cashless wagering systems, without a distributor’s license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the board may authorize the disposition of the gaming devices without requiring a distributor’s license.

      4.  The commission may, by regulation, authorize a person who owns slot machines for home use in accordance with [subsection 3 of] NRS 463.160 to sell such devices without procuring a license therefor.

      5.  Upon approval by the board, a gaming device owned by:

      (a) A law enforcement agency;

      (b) A court of law; or

      (c) A gaming device repair school licensed by the commission on post-secondary education,

may be disposed of by sale, in a manner approved by the board, without a distributor’s license. An application for approval must be submitted to the board in the manner prescribed by the chairman.

      6.  Any person whom the commission determines is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturer’s or distributor’s license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.

      7.  Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the commission.

      8.  The commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive if the commission determines that the exemption is consistent with the purposes of this chapter.


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

ê1995 Statutes of Nevada, Page 763 (Chapter 305, AB 131)ê

 

the commission determines that the exemption is consistent with the purposes of this chapter.

      9.  As used in this section, “holding company” has the meaning ascribed to it in NRS 463.485.

      Sec. 16.  Section 4 of Assembly Bill No. 133 of this session is hereby amended to read as follows:

       Sec. 4.  NRS 463.370 is hereby amended to read as follows:

       463.370  1.  Except as otherwise provided in NRS 463.373, the commission shall charge and collect from each licensee a license fee based upon all the gross revenue of the licensee as follows:

 

Three percent of all the gross revenue of the licensee which does not exceed $50,000 per calendar month;

Four percent of all the gross revenue of the licensee which exceeds $50,000 per calendar month and does not exceed $134,000 per calendar month; and

Six and one-quarter percent of all the gross revenue of the licensee which exceeds $134,000 per calendar month.

 

       2.  Unless the licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar month, on or before the 24th day of the following month. Except for the fee based on the first full month of operation, the fee is an estimated payment of the license fee for the third month following the month whose gross revenue is used as its basis.

       3.  When a licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that month, on or before the 24th day of the following calendar month of operation. After the first full calendar month of operation, the commission shall charge and collect the fee based on the gross revenue received during that month, on or before the 24th day of the following calendar month. The payment of the fee due for the first full calendar month of operation must be accompanied by the payment of a fee equal to three times the fee for the first full calendar month. This additional amount is an estimated payment of the license fees for the next three calendar months. Thereafter, each license fee must be paid in the manner described in subsection 2. Any deposit held by the commission on July 1, 1969, must be treated as an advance estimated payment.

       4.  All revenue received from any game or gaming device which is operated on the premises of a licensee, regardless of whether any portion of the revenue is shared with any other person, must be attributed to the licensee for the purposes of this section and counted as part of the gross revenue of the licensee. Any other person who is authorized to receive a share of the revenue is liable to the licensee for his proportionate share of the license fees paid pursuant to this section.

       5.  Any person required to pay a fee pursuant to this section shall file with the commission, on or before the 24th day of each calendar month, a report showing the amount of all gross revenue received during the preceding calendar month.


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

ê1995 Statutes of Nevada, Page 764 (Chapter 305, AB 131)ê

 

a report showing the amount of all gross revenue received during the preceding calendar month. Each report must be accompanied by:

       (a) The fee due based on the revenue of the month covered by the report; and

       (b) An adjustment for the difference between the estimated fee previously paid for the month covered by the report, if any, and the fee due for the actual gross revenue earned in that month. If the adjustment is less than zero, a credit must be applied to the estimated fee due with that report.

       6.  If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid , [by the licensee,] the commission shall:

       (a) Charge and collect the additional license fees determined to be due, with interest thereon until paid; or

       (b) Refund any overpayment [,] to the person entitled thereto pursuant to this chapter, with interest thereon . [, to the licensee.]

Interest must be computed at the rate prescribed in NRS 17.130 from the first day of the first month following either the due date of the additional license fees or the date of overpayment until paid.

       7.  Failure to pay the fees provided for in this section shall be deemed a surrender of the license at the expiration of the period for which the estimated payment of fees has been made, as established in subsection 2.

       8.  Except as otherwise provided in NRS 463.386, the amount of the fee prescribed in subsection 1 must not be prorated.

       9.  Except as otherwise provided in NRS 463.386, if a licensee ceases operation, the commission shall:

       (a) Charge and collect the additional license fees determined to be due with interest; or

       (b) Refund any overpayment, with interest thereon, to the licensee, based upon the gross revenue of the licensee during the last 3 months immediately preceding the cessation of operation, or portions of those last 3 months.

       10.  If in any month, the amount of gross revenue is less than zero, the licensee may offset the loss against gross revenue in succeeding months until the loss has been fully offset.

       11.  If in any month, the amount of the license fee due is less than zero, the licensee is entitled to receive a credit against any license fees due in succeeding months until the credit has been fully offset.

      Sec. 17.  Before November 1, 1995, an inter-casino linked system in which the game is conducted at one location may be placed only at gaming establishments with nonrestricted licenses that are affiliated with each other. On or after November 1, 1995, an inter-casino linked system in which the game is conducted at one location may be placed at all gaming establishments that are licensed for games other than slot machines.

      Sec. 18.  This act becomes effective upon passage and approval.

 

________


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ê1995 Statutes of Nevada, Page 765ê

 

CHAPTER 306, SB 248

Senate Bill No. 248–Senator O’Connell

CHAPTER 306

AN ACT relating to municipal funding; revising the name, scope of authority and certain procedural requirements of a general obligation bond commission; revising the types of funding for which the approval of a general obligation bond commission is required; revising certain requirements for the submission of information by municipalities; and providing other matters properly relating thereto.

 

[Approved June 23, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 350.001 is hereby amended to read as follows:

      350.001  As used in NRS 350.002 to 350.006, inclusive, unless the context otherwise requires:

      1.  “Commission” means [the general obligation bond] a debt management commission created pursuant to NRS 350.002.

      2.  “General obligation debt” means debt which is legally payable from general revenues, as a primary or secondary source of repayment, and is backed by the full faith and credit of a governmental entity. The term [includes debt] :

      (a) Includes:

             (1) Debt represented by local government securities issued pursuant to this chapter ; and [debt]

             (2) Debt created for short-term financing pursuant to NRS 354.430 to 354.460, inclusive [.] , if the debt is payable from a special tax which is exempt from the limitation on taxes ad valorem pursuant to subsection 3 of NRS 354.430.

      (b) Except as otherwise provided in subparagraph (2) of paragraph (a), does not include debt created for short-term financing pursuant to NRS 354.430 to 354.460, inclusive.

      3.  “Special elective tax” means a tax imposed pursuant to NRS 354.5982, 387.197, 387.3285 or 387.3287.

      Sec. 2.  NRS 350.002 is hereby amended to read as follows:

      350.002  1.  There is hereby created in each county a [general obligation bond] debt management 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.


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ê1995 Statutes of Nevada, Page 766 (Chapter 306, SB 248)ê

 

      (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] debt management commission, to be composed of one representative of the board of supervisors, one representative of the school district and three representatives of the public at large. The representative of the board of supervisors and the representative of the school district shall select the representatives of the public at large, and for that purpose only, constitute a quorum of the debt management commission. Members of the commission serve for a term of 2 years beginning on January 1, or until their successors are chosen.

      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 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 [.] in July.

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

      Sec. 3.  NRS 350.003 is hereby amended to read as follows:

      350.003  1.  The commission shall meet during the month of February of each [odd-numbered] year, to organize by selecting a chairman and vice chairman. The county clerk is ex officio the secretary of the commission.

      2.  In addition to the [organization] organizational meeting, each commission shall meet annually in July of each year and at the call of the chairman whenever business is presented, as provided in NRS 350.004 and 350.005.

      3.  [A] In conjunction with the meetings required by subsections 1 and 2, the commission in a county whose population:

      (a) Is 100,000 or more but less than 400,000, shall meet each calendar quarter.

      (b) Is 400,000 or more, shall meet each month.

The meetings required by this subsection must be scheduled at each annual meeting in July.

      4.  Except as otherwise provided in subsection 2 of NRS 350.002, a majority of the members constitutes a quorum for all purposes.

      Sec. 4.  NRS 350.0035 is hereby amended to read as follows:

      350.0035  1.  Except as otherwise provided in this section, [each] on or before July 1 of each year, the governing body of a [political subdivision and each board of trustees of a general improvement district] municipality which proposes to issue or has outstanding any general obligation debt, other general obligations or special obligations, or which levies or proposes to levy any special elective tax, shall submit to the department of taxation [, the county clerk] and the commission:

 


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ê1995 Statutes of Nevada, Page 767 (Chapter 306, SB 248)ê

 

any special elective tax, shall submit to the department of taxation [, the county clerk] and the commission:

      (a) A complete statement of current and contemplated general obligation debt and special elective taxes, and a report of current and contemplated debt and special assessments and retirement schedules, in the detail and form established by the committee on local government finance . [at least 30 days before the annual meeting of the commission each year.]

      (b) A written statement of the debt management policy of the [political subdivision or general improvement district before it incurs any debt and shall submit revisions of the policy as necessary to ensure the accuracy of the information contained therein. The debt management policy] municipality, which must include, without limitation [, a discussion of its:

             (1) Ability] :

             (1) A discussion of its ability to afford existing general obligation debt, authorized future general obligation debt and proposed future general obligation debt;

             (2) [Capacity] A discussion of its capacity to incur authorized and proposed future general obligation debt without exceeding the applicable debt limit;

             (3) [General] A discussion of its general obligation debt that is payable from ad valorem taxes per capita as compared with [the average for] such debt of [local governments] other municipalities in this state;

             (4) [General] A discussion of its general obligation debt that is payable from ad valorem taxes as a percentage of assessed valuation of all taxable property within the boundaries of the [political subdivision or general improvement district, the effective buying income of all persons who reside within the political subdivision or general improvement district, or both of them;] municipality;

             (5) Policy regarding the manner in which the [local government] municipality expects to sell its debt;

             (6) [Sources] A discussion of its sources of money projected to be available to pay existing general obligation debt, authorized future general obligation debt and proposed future general obligation debt; and

             (7) [Operational] A discussion of its operational costs and revenue sources , for the ensuing 5 fiscal years, associated with each project [.] included in its plan for capital improvement submitted pursuant to paragraph (c), if those costs and revenues are expected to affect the tax rate.

      (c) Its plan for capital improvement for the ensuing 3 fiscal years, which must include any contemplated issuance of general obligation debt during this period and the sources of money projected to be available to pay the debt . [, at least 30 days before the annual meeting of the commission.

      2.  Each]

      (d) A statement containing the name, title, mailing address and telephone number of the chief financial officer of the municipality.

      2.  The governing body of a municipality may combine a statement or plan required by subsection 1 with the corresponding statement or plan of another municipality if both municipalities have the same governing body or the governing bodies of both municipalities agree to such a combination.


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

ê1995 Statutes of Nevada, Page 768 (Chapter 306, SB 248)ê

 

      3.  The governing body of [a political subdivision and each board of trustees of a general improvement district] each municipality shall update all statements and [reports] plans required by subsection 1 [as may be necessary to reflect accurately the current status of the political subdivision or general improvement district.

      3.] not less frequently than annually.

      4.  The provisions of this section do not apply to the Airport Authority of Washoe County so long as the authority does not have any general obligation bonds outstanding and does not issue or propose to issue any such bonds. At least 30 days before each annual meeting of the commission, the authority shall submit to the department of taxation a written statement regarding whether the authority is planning to propose to issue any general obligation bonds before the next following annual meeting of the commission.

      Sec. 5.  NRS 350.004 is hereby amended to read as follows:

      350.004  1.  Before any proposal to [issue general obligations] incur a general obligation debt or levy a special elective tax may be submitted to the electors of a municipality, or before any other formal action may be taken preliminary to the [issuance] incurrence of any general [obligations,] obligation debt, the proposed [issuance] incurrence or levy must receive the favorable vote of two-thirds of the members of the [general obligation bond commission of the county in which it is situated. In the case of a school district or other district embracing all or part of a county, the proposal must receive such a favorable vote in that county.] commission of each county in which the municipality is situated.

      2.  Before the board of trustees of a district organized or reorganized pursuant to chapter 318 of NRS whose population within its boundaries is less than 5,000, borrows money or issues securities [other than general obligations] to evidence such borrowing, other than securities representing a general obligation debt, the proposed borrowing or issuing of securities must receive the favorable vote of a majority of the members of the [general obligation bond] commission of each county in which [it] the district is situated.

      3.  When any municipality other than a general improvement district whose population within its boundaries is less than 5,000, issues any special obligations, it shall so notify in its annual report the [general obligation bond] commission of each county in which any of its territory is situated.

      4.  The commission shall not approve any proposal submitted to it pursuant to this section by a [political subdivision or general improvement district:] municipality:

      (a) Which, if the proposal is for the financing of a capital improvement, is not included in its plan for capital improvement submitted pursuant to NRS 350.0035, if such a plan is required to be submitted ; [, unless the governing body of the political subdivision or general improvement district determines that an emergency exists which justifies the proposal;] or

      (b) If, based upon [estimates of:

             (1) The] :

             (1) Estimates of the amount of tax revenue from ad valorem taxes needed for the special elective tax, or to repay the general obligation debt, and the dates that revenue will be needed, as provided by the [political subdivision or general improvement district; and

 


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ê1995 Statutes of Nevada, Page 769 (Chapter 306, SB 248)ê

 

and the dates that revenue will be needed, as provided by the [political subdivision or general improvement district; and

             (2) The] municipality;

             (2) Estimates of the assessed valuation of the municipality for each of the years in which tax revenue is needed, as provided by the [county assessor of the county in which the political subdivision or general improvement district is located,] municipality;

             (3) The amount of any other required levies of ad valorem taxes, as shown on the most recently filed final budgets of each entity authorized to levy ad valorem taxes on any property within the municipality submitting the proposal; and

             (4) Any other factor the municipality discloses to the commission,

the proposal would result in a combined property tax rate in any of the overlapping entities within the county which exceeds the limit provided in NRS 361.453, unless the proposal also includes an agreement approved by the governing bodies of all affected [local governments] municipalities within the area as to how the combined property tax rates will be brought into compliance with the statutory limitation.

      5.  [For the purposes of this section, “emergency” means an unusual combination of circumstances or the resulting state that, in the opinion of the governing body of a political subdivision or general improvement district:

      (a) Requires immediate action on the part of the political subdivision or general improvement district; and

      (b) Would be likely to:

             (1) Result in a financial loss to public or private interests or to business; or

             (2) Cause harm to any person or property.] If general obligation debt is to be incurred more than 36 months after the approval of that debt by the commission, the governing body of the municipality shall obtain the approval of the executive director of the department of taxation before incurring the general obligation debt. The executive director shall approve the proposal if, based on the information set forth in paragraph (b) of subsection 4 that is accurate as of the date on which the governing body submits its request for approval to the executive director:

      (a) Incurrence of the general obligation debt will not result in a combined property tax rate in any of the overlapping entities within the county which exceeds the limit provided in NRS 361.453; or

      (b) The proposal includes an agreement approved by the governing bodies of all affected municipalities within the area as to how the combined tax rates will be brought into compliance with the statutory limitation.

The approval of the executive director is effective for 18 months. The governing body of the municipality may renew that approval for successive periods of 18 months by filing an application for renewal with the executive director. Such an application must be accompanied by the information set forth in paragraph (b) of subsection 4 that is accurate as of the date the governing body files the application for renewal.

      6.  If the executive director does not approve a proposal submitted to him pursuant to subsection 5, the governing body of the municipality may appeal his decision to the Nevada tax commission.


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ê1995 Statutes of Nevada, Page 770 (Chapter 306, SB 248)ê

 

      Sec. 6.  NRS 350.005 is hereby amended to read as follows:

      350.005  1.  The governing body of the municipality proposing to [issue general obligations, enter into short-term financing] incur general obligation debt or levy a special elective tax and the board of trustees of a general improvement district whose population within its boundaries is less than 5,000, who proposes to borrow money and issue [other securities pursuant to NRS 318.275 or to levy a special elective tax,] any securities other than securities representing a general obligation debt, shall notify the secretary of each appropriate commission, and shall submit a statement of its proposal in sufficient number of copies for each member of the commission. The secretary, with the approval of the chairman, shall , [thereupon,] within 10 days, give notice of a meeting , in the manner required by chapter 241 of NRS, to be held not [less than 10 nor] more than 20 days thereafter. He shall provide a copy of the proposal to each member with the notice of the meeting [.] , and mail notice of the meeting to the chief financial officer of each municipality in the county which has complied with subsection 1 of NRS 350.0035 within the past year.

      2.  The commission may grant a conditional or provisional approval of such proposal. Such conditions or provisions are limited to the scheduling of:

      (a) The issuance and retirement of securities, if the proposal is to [issue general obligations or enter into short-term financing;] incur general obligation debt; or

      (b) The imposition of the tax, if the proposal is to levy a special elective tax.

      3.  The commission may adjourn a meeting called to consider a particular proposal no more than once, for no more than 10 days. Notification of the approval or disapproval of its proposal must be sent to the governing body within 3 days after the meeting.

      [4.  A proposal which has been disapproved may not be resubmitted until 90 days after the date of the meeting.]

      Sec. 7.  NRS 350.0051 is hereby amended to read as follows:

      350.0051  1.  In determining whether to approve or disapprove a proposal to incur or to levy a special elective tax, the commission shall not , except as otherwise provided in paragraph (d), undertake to determine whether the purpose for which it is proposed to incur the debt or levy the special elective tax is a public purpose or meets a public need. The commission shall consider, but is not limited to, the following criteria:

      [1.] (a) If the proposal is to incur debt, the amount of debt outstanding on the part of the [political subdivision] municipality proposing to incur the debt.

      [2.] (b) The effect of the tax levy required for debt service on the proposed debt, or of the proposed levy of a special elective tax, upon the ability of the [political subdivision] municipality proposing to [issue the bonds] incur the general obligation debt or levy the special elective tax and of other [political subdivisions] municipalities to raise revenue for operating purposes.

      [3.] (c) The anticipated need for other incurrences of debt or levies of special elective taxes by the [political subdivision] municipality proposing to incur the debt or levy the special elective tax and other [political subdivisions] municipalities whose tax-levying powers overlap, as shown by the county or regional master plan, if any, and by other available information.


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ê1995 Statutes of Nevada, Page 771 (Chapter 306, SB 248)ê

 

      [4.  The public need to be served by the proceeds of the proposed debt or levy, as compared to other demands, both operational and capital, to be met from available and anticipated tax and other revenues. revenues.]

      (d) If the information set forth in paragraph (b) of subsection 4 of NRS 350.004 indicates that the proposal would result in a combined property tax rate in any of the overlapping entities within the county which exceeds 90 percent of the limit provided in NRS 361.453:

             (1) The public need to be served by the proceeds from the proposed debt or tax levy; and

             (2) A comparison of that public need and other public needs that appear on the statements of current and contemplated general obligation debt and special elective taxes submitted pursuant to paragraph (a) of subsection 1 of NRS 350.0035 that may affect the combined property tax rate in any of the overlapping entities within the county.

      2.  If the commission approves the proposal, the amount received from the sale of the general obligation debt or from the special elective tax may be expended only for the purposes described in the proposal.

      Sec. 8.  NRS 350.0052 is hereby amended to read as follows:

      350.0052  The commission has the power, with the consent of the [political subdivision] municipality which proposes to incur a debt or levy a special elective tax, to contract for or employ accountants and financial consultants to evaluate any proposal which it must approve or disapprove. The cost of such services must be paid by the consenting [political subdivision] municipality which proposes to incur the debt or levy the special elective tax.

      Sec. 9.  NRS 350.006 is hereby amended to read as follows:

      350.006  The provisions of NRS 350.001 to 350.0052, inclusive, do not apply to:

      1.  Any general obligation debt incurred or special elective tax levied before July 1, 1995;

      2.  Any general obligation [bonds] debt or special elective tax approved at an election held [prior to July 1, 1965,] before July 1, 1995, whether or not [such bonds are issued prior to] the debt is incurred or tax is levied before that date;

      [2.] 3.  Any general obligation [bonds] debt authorized to be [issued] incurred, or special elective tax authorized to be levied, by a special act adopted and approved [prior to July 1, 1965; and

      3.  Any bonds issued] before July 1, 1995; and

      4.  Any debt incurred for the purpose of refunding any outstanding general obligation [bonds.] debt.

      Sec. 10.  NRS 318.275 is hereby amended to read as follows:

      318.275  1.  Upon the conditions and under the circumstances set forth in this chapter, a district may borrow money and issue the following securities to evidence such borrowing:

      (a) Short-term notes, warrants and interim debentures.

      (b) General obligation bonds.

      (c) Revenue bonds.

      (d) Special assessment bonds.

      2.  The board of trustees of a district whose population within its boundaries is less than 5,000, shall not borrow money or issue securities to evidence such borrowing unless the board has obtained the approval of the [general obligation bond] debt management commission of the county in which the district is located.


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

ê1995 Statutes of Nevada, Page 772 (Chapter 306, SB 248)ê

 

such borrowing unless the board has obtained the approval of the [general obligation bond] debt management commission of the county in which the district is located.

      3.  The board of trustees of a district whose population within its boundaries is less than 5,000, shall not forward a resolution authorizing short-term financing to the executive director of the department of taxation unless such financing is approved by the commission.

      Sec. 11.  NRS 379.0225 is hereby amended to read as follows:

      379.0225  1.  Except as otherwise provided in this subsection, the trustees of a consolidated or county library district may propose the issuance of general obligation bonds in an amount not to exceed 10 percent of the total last assessed valuation of the taxable property of the district for the purpose of acquiring, constructing or improving buildings and other real property to be used for library purposes or for purchasing books, materials or equipment for newly constructed libraries. The trustees of a consolidated library district shall not propose an issuance of bonds or any other form of indebtedness unless a public hearing on the proposal is first held before the board of county commissioners and the governing body of the city.

      2.  If the trustees decide to propose the issuance of bonds, the proposal must be submitted to the [general obligation bond] debt management commission of the county in which the district is situated, pursuant to the provisions of NRS 350.001 to 350.006, inclusive. If the commission approves the proposed issuance, the question of issuing the bonds must be submitted to the registered electors of the district in accordance with the provisions of NRS 350.020 to 350.070, inclusive. If a majority of the electors voting on the question favors the proposal, the board of county commissioners shall issue the bonds as general obligations of the consolidated or county library district pursuant to the provisions of the Local Government Securities Law.

      3.  Any bond issued for purchasing books, materials or equipment for newly constructed libraries must be redeemed within 5 years after its issuance.

      Sec. 12.  NRS 387.541 is hereby amended to read as follows:

      387.541  1.  Bonds of any such county school district for the joint facility must not be issued unless:

      (a) The bonds are approved by the [general obligation bond] debt management commission of the particular county pursuant to NRS 350.001 to 350.006, inclusive; and

      (b) The registered voters of each of the county school districts approve a proposal for the issuance of the bonds of the particular county school district pursuant to the provisions of this chapter.

      2.  If proposals for the issuance of each school district’s general obligation bonds carry as provided in subsection 1, each school district, acting by and through its board of trustees, for the purpose of defraying all or any part of the cost of the joint facility or project, may borrow money and otherwise become obligated in the total authorized principal amount, and may issue within 6 years [from] after the date of the election authorizing the issue, bonds and other securities of the county school district constituting its general obligations to evidence obligations, in accordance with the Local Government Securities Law.


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ê1995 Statutes of Nevada, Page 773 (Chapter 306, SB 248)ê

 

      3.  This section does not prevent any county school district from funding, refunding or reissuing at any time any securities of the county school district pertaining to the facility or project as provided in the Local Government Securities Law, except as therein limited.

      Sec. 13.  NRS 450.040 is hereby amended to read as follows:

      450.040  1.  Whenever the board of county commissioners of any county is presented with a petition signed by at least 50 percent of the taxpayers in the county or in each of a group of counties asking that an annual tax be levied for the establishment and maintenance of a public hospital, at a place in the county or counties named therein, and specifying the maximum amount of money proposed to be expended in purchasing or building the hospital, including the acquisition of a site, the board of county commissioners shall forthwith comply with the provisions of NRS 350.001 to 350.006, inclusive, and shall submit the proposal to issue bonds for the project to the county [general obligation bond] debt management commission for each of the counties.

      2.  Upon the receipt of the approval thereof of each such commission, each board of county commissioners shall submit the question of issuing bonds for the hospital project designated in the petition to the qualified electors of the county at the next primary or general election, as provided in NRS 350.020 to 350.070, inclusive.

      3.  If the petition designated in subsection 1 indicates the hospital is to serve more than one county, each county designated shall submit to the commission and to the qualified electors of the county a bond question authorizing the issuance of the county’s bonds for the project in a maximum principal amount at least sufficient to defray the county’s proportional share of the maximum amount designated in the petition to be expended for the project based upon the last assessed valuation of the taxable property in the county and the valuation of that property in all the counties designated in the petition.

      Sec. 14.  NRS 450.043 is hereby amended to read as follows:

      450.043  Whenever the board of county commissioners of any county on its own motion desires to establish a county hospital, the board shall:

      1.  Specify the maximum amount of money proposed to be expended in purchasing or building the hospital, including the acquisition of a site;

      2.  Comply with the provisions of NRS 350.001 to 350.006, inclusive; and

      3.  Upon the receipt of the approval of the county [general obligation bond] debt management commission of the proposal to issue the county hospital bonds, submit the question of issuing bonds for the project to the qualified electors of the county at a special election or the next primary or general election, as provided in NRS 350.020 to 350.070, inclusive.

      Sec. 15.  NRS 450.280 is hereby amended to read as follows:

      450.280  1.  Whenever the board of hospital trustees of any county deems it advisable that bonds be issued for the enlargement, maintenance, repair, improvement or reconstruction of a public hospital, including , without limitation , the construction, installation and other acquisition of additional fixtures, structures, and buildings for the public hospital, equipment and furnishings therefor, and additional sites therefor, or any combination thereof, the board shall, by resolution, request the board of county commissioners of the county to issue general obligation bonds therefor and shall specify in the resolution the maximum amount of money proposed to be expended for any of those purposes.


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ê1995 Statutes of Nevada, Page 774 (Chapter 306, SB 248)ê

 

thereof, the board shall, by resolution, request the board of county commissioners of the county to issue general obligation bonds therefor and shall specify in the resolution the maximum amount of money proposed to be expended for any of those purposes.

      2.  Thereupon the board of county commissioners shall:

      (a) Comply with the provisions of NRS 350.001 to 350.006, inclusive; and

      (b) Upon the receipt of the approval of the county [general obligation bond] debt management commission of the proposal to issue the county hospital bonds, submit the question of issuing the bonds to the qualified electors of the county at a special election or the next primary or general election, as provided in NRS 350.020 to 350.070, inclusive.

      Sec. 16.  NRS 450.665 is hereby amended to read as follows:

      450.665  1.  The board of trustees may borrow money and incur or assume indebtedness on behalf of the county hospital district if the total of all such indebtedness, excluding revenue bonds and other securities constituting special obligations which are not debts, does not exceed an amount equal to 10 percent of the total of the last assessed valuation of taxable property, excluding motor vehicles, located within the district.

      2.  The board of trustees shall not borrow money or issue securities to evidence such borrowing until the board has obtained the approval of the:

      (a) [General obligation bond] Debt management commission; and

      (b) Board of county commissioners,

of the county in which the hospital district is located.

      Sec. 17.  Section 1 of Assembly Bill No. 72 of this session is hereby amended to read as follows:

       Section 1.  NRS 350.001 is hereby amended to read as follows:

       350.001  As used in NRS 350.002 to 350.006, inclusive, unless the context otherwise requires:

       1.  “Commission” means a debt management commission created pursuant to NRS 350.002.

       2.  “General obligation debt” means debt which is legally payable from general revenues, as a primary or secondary source of repayment, and is backed by the full faith and credit of a governmental entity. The term:

       (a) Includes:

             (1) Debt represented by local government securities issued pursuant to this chapter; and

             (2) Debt created for short-term financing pursuant to NRS 354.430 to 354.460, inclusive, if the debt is payable from a special tax which is exempt from the limitation on taxes ad valorem pursuant to subsection 3 of NRS 354.430.

       (b) Except as otherwise provided in subparagraph (2) of paragraph (a), does not include debt created for short-term financing pursuant to NRS 354.430 to 354.460, inclusive.

       3.  “Special elective tax” means a tax imposed pursuant to NRS 354.59817, 354.5982, 387.197, 387.3285 or 387.3287.

      Sec. 18.  Each person who, on June 30, 1995, is serving a term as a member of the general obligation bond commission created in:


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

ê1995 Statutes of Nevada, Page 775 (Chapter 306, SB 248)ê

 

      1.  A county pursuant to NRS 350.002, shall serve the remainder of his term as a member of the debt management commission created in that county pursuant to NRS 350.002, as amended by this act.

      2.  Carson City pursuant to NRS 350.002, shall serve the remainder of his term as a member of the debt management commission created in Carson City pursuant to NRS 350.002, as amended by this act.

      Sec. 19.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 307, AB 205

Assembly Bill No. 205–Assemblyman Spitler

CHAPTER 307

AN ACT relating to motor vehicles; establishing restrictions for the sale of certain vehicles by certain long-term lessors; expanding the definitions of “new vehicle,” “used vehicle” and “used vehicle dealer” for the purposes of the sale and registration of such vehicles; requiring a person to possess a new vehicle dealer’s license to engage in the activities of a new vehicle dealer; requiring a person to possess a used vehicle dealer’s license to engage in the activities of a used vehicle dealer; authorizing a used vehicle dealer to sell a new vehicle under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 23, 1995]

 

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:

      A licensed long-term lessor who also holds a license as a vehicle dealer on January 1, 1995, may, for the period those licenses remain in effect, sell, exchange, buy, offer or display for sale, negotiate or attempt to negotiate the sale or exchange of, or induce or attempt to induce any person to buy or exchange an interest in, a vehicle that has been registered with the department, or has been registered with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or foreign state, province or country, if the long-term lessor:

      1.  Maintains an established place of business in this state which:

      (a) Is in a location that is zoned for such activities;

      (b) Includes an office and lot facilities with sufficient space to meet the needs of his customers; and

      (c) Includes a facility for repairing and performing maintenance work on vehicles;

      2.  Maintains all other state and local licenses and permits required for such activities; and

      3.  Forwards to the registered owner of a vehicle sold by him any notice received from the manufacturer of the vehicle regarding a defect in the vehicle.


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

ê1995 Statutes of Nevada, Page 776 (Chapter 307, AB 205)ê

 

      Sec. 2.  NRS 482.076 is hereby amended to read as follows:

      482.076  [“New vehicle”] Except as otherwise provided in NRS 482.363521, “new vehicle” means a vehicle that [has] :

      1.  Has never been registered with the department [,] and has never been registered with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or foreign state, province or country [.] ; or

      2.  If it has been so registered and is equipped with an odometer, registers 2,500 miles or less on the odometer.

      Sec. 3.  NRS 482.132 is hereby amended to read as follows:

      482.132  “Used vehicle” means a vehicle that [has] :

      1.  Has been registered with the department [,] or has been registered with the appropriate agency of authority of any other state, the District of Columbia, [or] any territory or possession of the United States or foreign state, province or country [.] ; and

      2.  If equipped with an odometer, registers more than 2,500 miles on the odometer.

      Sec. 4.  NRS 482.133 is hereby amended to read as follows:

      482.133  “Used vehicle dealer” means any vehicle dealer who is licensed [under] in accordance with the provisions of this chapter as a used vehicle dealer [.] and who acquires used vehicles for resale.

      Sec. 5.  NRS 482.322 is hereby amended to read as follows:

      482.322  1.  A person shall not engage in the activities of a new vehicle dealer, used vehicle dealer, manufacturer, distributor or rebuilder in this state until he has been issued:

      (a) A new vehicle dealer’s, used vehicle dealer’s, manufacturer’s, distributor’s, rebuilder’s or lessor’s license certificate or similar license or permit by every city within whose corporate limits he maintains an established place of business and by every county in which he maintains an established place of business outside the corporate limits of a city; and

      (b) A license by the department. The department shall not issue a license to the person until he has been issued all certificates, licenses and permits required by paragraph (a).

      2.  A vehicle dealer’s, manufacturer’s or rebuilder’s license issued pursuant to this chapter does not permit a person to engage in the business of a new or used mobile home dealer, manufacturer or rebuilder.

      3.  The department shall investigate any applicant for a dealer’s, manufacturer’s, distributor’s, rebuilder’s or lessor’s license certificate or license and complete an investigation report on a form provided by the department.

      Sec. 6.  NRS 482.350 is hereby amended to read as follows:

             482.350  1.  A new vehicle dealer’s license shall not be furnished to any dealer in new vehicles, trailers or semitrailers unless the dealer [shall first furnish] first furnishes the department an instrument executed by or on behalf of the manufacturer certifying that he is an authorized franchised dealer for the make or makes of vehicle concerned. New vehicle dealers [shall be] are authorized to sell at retail only those new vehicles for which they are certified as franchised dealers by the manufacturer.

      2.  In addition to selling used vehicles, a used vehicle dealer may:

      (a) Sell at wholesale a new vehicle to a new or used vehicle dealer; and


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      (b) Sell a new vehicle on consignment from a person not licensed as a vehicle dealer.

      Sec. 7.  NRS 482.423 is hereby amended to read as follows:

      482.423  1.  When a new vehicle is sold in this state [,] for the first time, the seller shall complete and execute a manufacturer’s certificate of origin or a manufacturer’s statement of origin and, unless the vehicle is sold to a licensed dealer, a dealer’s report of sale. The dealer’s report of sale must be in a form prescribed by the department and must include:

      (a) A description of the vehicle;

      (b) The name and address of the seller; and

      (c) The name and address of the buyer.

If in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party or his assignee must be entered on the dealer’s report of sale and on the manufacturer’s certificate or statement of origin.

      2.  Unless an extension of time is granted by the department, the seller shall:

      (a) Submit the original of the dealer’s report of sale and the manufacturer’s certificate or statement of origin to the department within 20 days after the execution of the dealer’s report of sale; and

      (b) Furnish one copy of the report to the buyer.

One copy must be affixed to the right front windshield of the vehicle, which permits the vehicle to be operated for a period not to exceed 10 days. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.

      3.  For the purposes of establishing compliance with the period required by paragraph (a) of subsection 2, the department shall use the date imprinted or otherwise indicated on the dealer’s report of sale as the beginning date of the 20-day period.

      4.  The department shall furnish a special permit for use when a contract of sale is entered to enable the buyer to operate the vehicle for a period not to exceed 10 days. Upon execution of all required documents to complete the sale of a vehicle, the dealer shall remove this permit and execute a dealer’s report of sale as required by this section.

 

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ê1995 Statutes of Nevada, Page 778ê

 

CHAPTER 308, AB 105

Assembly Bill No. 105–Assemblymen Nolan, Marvel, Harrington, Ernaut, Manendo, Segerblom, de Braga, Tripple, Stroth, Bennett, Buckley, Allard, Close, Batten and Chowning

CHAPTER 308

AN ACT relating to education; authorizing the state board of education to provide for instruction concerning the effects of and punishments for crimes; and providing other matters properly relating thereto.

 

[Approved June 23, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The state board may, by regulation, require to be included in the existing course of study for American government at the secondary level, instruction relating to violent and other crimes.

      2.  The instruction may be developed respectively by the board of trustees of each school district and may include information regarding those acts that constitute violent and other crimes in the State of Nevada, the maximum punishments established by law for the commission of such acts and the physiological and psychological effects which a victim, and the family of a victim, of a violent crime may suffer.

      Sec. 2.  This act becomes effective on July 1, 1995, and expires by limitation on July 1, 1999.

 

________

 

 

CHAPTER 309, AB 361

Assembly Bill No. 361–Assemblymen Sandoval, Anderson, Humke and Buckley

CHAPTER 309

AN ACT relating to Indian children; clarifying that such children are exempt from the application of certain provisions governing child custody, adoption, termination of parental rights and placement in foster care; requiring certain agencies to notify an Indian child’s tribe if certain proceedings affecting the custody of the child are commenced; requiring an expert witness to testify in certain proceedings which affect the parental rights of the parent of an Indian child; and providing other matters properly relating thereto.

 

[Approved June 23, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 125A.040 is hereby amended to read as follows:

      125A.040  As used in this chapter:

      1.  “Contestant” means a person, including a parent, or an Indian child’s tribe as defined by the Indian Child Welfare Act , [of 1978 (25 U.S.C. §§ 1901 et seq.),]


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ê1995 Statutes of Nevada, Page 779 (Chapter 309, AB 361)ê

 

1901 et seq.),] who claims a right to custody or visitation rights with respect to a child.

      2.  “Custody determination” means a court decision and court orders and instructions providing for the custody of a child, including visitation rights. It does not include a decision relating to child support or any other monetary obligation of any person.

      3.  “Custody proceeding” includes proceedings in which a custody determination is one of several issues, such as an action for divorce or separation, and includes child neglect and dependency proceedings.

      4.  “Decree” or “custody decree” means a custody determination contained in a judicial decree or order made in a custody proceeding.

      5.  “Home state” means the state in which the child immediately preceding the time involved lived with his parents, a parent, or a person acting as parent, for at least 6 consecutive months, and in the case of a child less than 6 months old the state in which the child lived from birth with any of the persons mentioned. Periods of temporary absence of any of the named persons are counted as part of the 6-month or other period.

      6.  “Indian child” has the meaning ascribed to it in 25 U.S.C. § 1903.

      7.  “Indian Child Welfare Act” means the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.).

      8.  “Initial decree” means the first custody decree concerning a particular child.

      [7.] 9.  “Modifying decree” means a custody decree which modifies or replaces a prior decree, whether made by the court which rendered the prior decree or by another court.

      [8.] 10.  “Person acting as parent” means a person, other than a parent, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody.

      [9.] 11.  “Physical custody” means actual possession and control of a child.

      [10.] 12.  “State” means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia, or an Indian tribe in situations where the Indian Child Welfare Act [of 1978 (25 U.S.C. §§ 1901 et seq.)] applies.

      Sec. 2.  NRS 125A.050 is hereby amended to read as follows:

      125A.050  1.  A court of this state which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modifying decree if:

      (a) This state:

             (1) Is the home state of the child at the time of commencement of the proceeding; or

             (2) Had been the child’s home state within 6 months before commencement of the proceeding and the child is absent from this state because of his removal or retention by a person claiming his custody or for other reasons, and a parent or person acting as parent continues to live in this state;

      (b) It is in the best interest of the child that a court of this state assume jurisdiction because:

             (1) The child and his parents, or the child and at least one contestant, have a significant connection with this state; and


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ê1995 Statutes of Nevada, Page 780 (Chapter 309, AB 361)ê

 

             (2) There is available in this state substantial evidence concerning the child’s present or future care, protection, training and personal relationships;

      (c) The child is physically present in this state and:

             (1) The child has been abandoned; or

             (2) It is necessary in an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse or is otherwise neglected;

      (d) It appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraphs (a), (b) or (c), or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to determine the custody of the child, and it is in the best interest of the child that this court assume jurisdiction; or

      (e) The child is not subject to the exclusive jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act. [of 1978 (25 U.S.C. §§ 1901 et seq.).]

      2.  Except under paragraphs (c) and (d) of subsection 1, physical presence in this state of the child, or of the child and one of the contestants, is not alone sufficient to confer jurisdiction on a court of this state to make a child custody determination.

      3.  Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine his custody.

      Sec. 3.  Chapter 127 of NRS is hereby amended by adding thereto the provisions set forth as sections 4, 5 and 5.5 of this act.

      Sec. 4.  1.  Each agency which, pursuant to NRS 127.050, accepts a relinquishment for the adoption of a child shall make all necessary inquiries to determine whether the child is an Indian child. If it determines that the child is an Indian child and that the child is a ward of a tribal court, resides on a reservation or is domiciled on a reservation, the agency shall so notify the child’s tribe in writing.

      2.  The division shall adopt regulations establishing reasonable and uniform standards for making the necessary inquiries to determine whether a child is an Indian child.

      3.  For the purposes of this section, the domicile of an Indian child must be determined according to Federal common law.

      Sec. 5.  1.  If proceedings pursuant to this chapter involve the relinquishment of an Indian child who is a ward of a tribal court, resides on a reservation or is domiciled on a reservation, the court shall transfer the proceedings to the Indian child’s tribe in accordance with the Indian Child Welfare Act.

      2.  For the purposes of this section, the domicile of an Indian child must be determined according to Federal common law.

      Sec. 5.5.  Each court in this state which exercises jurisdiction pursuant to this chapter in a case involving an Indian child shall give full faith and credit to the judicial proceedings of an Indian tribe to the same extent that the Indian tribe gives full faith and credit to the judicial proceedings of the courts of this state.

      Sec. 6.  NRS 127.003 is hereby amended to read as follows:

      127.003  As used in this chapter, unless the context otherwise requires [, “division”] :


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ê1995 Statutes of Nevada, Page 781 (Chapter 309, AB 361)ê

 

      1.  “Division” means the division of child and family services of the department of human resources.

      2.  “Indian child” has the meaning ascribed to it in 25 U.S.C. § 1903.

      3.  “Indian Child Welfare Act” means the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.).

      Sec. 7.  NRS 127.005 is hereby amended to read as follows:

      127.005  The provisions of NRS 127.010 to 127.186, inclusive, and sections 4, 5 and 5.5 of this act, govern the adoption of minor children, and the provisions of NRS 127.190 to 127.210, inclusive, and the provisions of NRS 127.010 to 127.186, inclusive, where not inconsistent with the provisions of NRS 127.190 to 127.210, inclusive, govern the adoption of adults.

      Sec. 8.  NRS 127.010 is hereby amended to read as follows:

      127.010  [The] Except if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act, the district courts of this state [shall] have original jurisdiction in adoption proceedings.

      Sec. 8.3.  NRS 127.110 is hereby amended to read as follows:

      127.110  1.  A petition for adoption of a child who currently resides in the home of the petitioners may be filed at any time after the child has lived in the home for 30 days.

      2.  The petition for adoption must state, in substance, the following:

      (a) The full name and age of the petitioners and the period the petitioners have resided in the State of Nevada before the filing of the petition.

      (b) The age of the child sought to be adopted and the period that the child has lived in the home of petitioners before the filing of the petition.

      (c) That it is the desire of the petitioners that the relationship of parent and child be established between them and the child.

      (d) Their desire that the name of the child be changed, together with the new name desired.

      (e) That the petitioners are fit and proper persons to have the care and custody of the child.

      (f) That they are financially able to provide for the child.

      (g) That there has been a full compliance with the law in regard to consent to adoption.

      (h) That there has been a full compliance with NRS 127.220 to 127.310, inclusive.

      (i) Whether the child is known to be an Indian child.

      3.  No order of adoption may be entered unless there has been full compliance with the provisions of NRS 127.220 to 127.310, inclusive.

      Sec. 8.5.  NRS 127.120 is hereby amended to read as follows:

      127.120  1.  A petition for adoption of a child must be filed in duplicate with the county clerk. The county clerk shall send one copy of the petition to the division, which shall make an investigation and report as provided in this section. If one petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, the court may, in its discretion, waive the investigation by the division. A copy of the order waiving the investigation must be sent to the nearest office of the division by the petitioners within 7 day after the order is issued.

      2.  The division or a licensed child-placing agency authorized to do so by the court shall [verify] :


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ê1995 Statutes of Nevada, Page 782 (Chapter 309, AB 361)ê

 

      (a) Verify the allegations of the petition [and investigate] ;

      (b) Investigate the condition of the child , including, without limitation, whether the child is an Indian child; and [make]

      (c) Make proper inquiry to determine whether the proposed adopting parents are suitable for the child.

      3.  The division or the designated agency shall, before the date on which the child has lived for a period of 6 months in the home of the petitioners or within 30 days after receiving the copy of the petition for adoption, whichever is later, submit to the court a full written report of its findings [,] pursuant to subsection 2, which must contain , without limitation, a specific recommendation for or against approval of the petition [,] and a statement of whether the child is known to be an Indian child, and shall furnish to the court any other information regarding the child or proposed home which the court required. The court, on good cause shown, may extend the time, designating a time certain, within which to submit the report.

      4.  If the court is dissatisfied with the report submitted by the division, the court may order an independent investigation to be conducted and a report submitted by an agency or person selected by the court. The costs of the investigation and report may be assessed against the petitioner or charged against the county in which the adoption proceeding is pending.

      Sec. 9.  Chapter 128 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 12, inclusive, of this act.

      Sec. 10.  “Indian child” has the meaning ascribed to it in 25 U.S.C. § 1903.

      Sec. 11.  “Indian Child Welfare Act” means the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.).

      Sec. 11.3.  1.  Any proceedings to terminate the parental rights of the parent of an Indian child pursuant to this chapter must include the testimony of at least one qualified expert witness as provided in the Indian Child Welfare Act.

      2.  As used in this section, “qualified expert witness” includes, without limitation:

      (a) An Indian person who has personal knowledge about the Indian child’s tribe and its customs related to raising a child and the organization of the family; and

      (b) A person who has:

             (1) Substantial experience and training regarding the customs of Indian tribes related to raising a child; and

             (2) Extensive knowledge of the social values and cultural influences of Indian tribes.

      Sec. 11.5.  Each court in this state which exercises jurisdiction pursuant to this chapter in a case involving an Indian child shall give full faith and credit to the judicial proceedings of an Indian tribe to the same extent that the Indian tribe gives full faith and credit to the judicial proceedings of the courts of this state.

      Sec. 12.  1.  If proceedings pursuant to this chapter involve the termination of parental rights of the parent of an Indian child, the court shall:


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ê1995 Statutes of Nevada, Page 783 (Chapter 309, AB 361)ê

 

      (a) Cause the Indian child’s tribe to be notified in writing in the manner provided in the Indian Child Welfare Act. If the Indian child is eligible for membership in more than one tribe, each tribe must be notified.

      (b) Transfer the proceedings to the Indian child’s tribe in accordance with the Indian Child Welfare Act.

      (c) If a tribe declines jurisdiction, exercise its jurisdiction as provided in the Indian Child Welfare Act.

      2.  If the court determines that the parent of an Indian child for whom termination of parental rights is sought is indigent, the court:

      (a) Shall appoint an attorney to represent the parent;

      (b) May appoint an attorney to represent the Indian child; and

      (c) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney,

as provided in the Indian Child Welfare Act.

      Sec. 13.  NRS 128.010 is hereby amended to read as follows:

      128.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 128.011 to 128.018, inclusive, and sections 10 and 11 of this act, have the meanings ascribed to them in those sections.

      Sec. 14.  NRS 128.020 is hereby amended to read as follows:

      128.020  [The] Except if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act, the district courts have jurisdiction in all cases and proceedings under this chapter. The jurisdiction of the district courts extends to any child who should be declared free from the custody and control of either or both of his parents.

      Sec. 14.5.  NRS 128.050 is hereby amended to read as follows:

      128.050  1.  The proceedings must be entitled, “In the matter of the parental rights as to ……………., a minor.”

      2.  A petition must be verified and may be upon information and belief. It must set forth plainly:

      (a) The facts which bring the child within the purview of this chapter.

      (b) The name, age and residence of the child.

      (c) The names and residences of his parents.

      (d) The name and residence of the person or persons having physical custody or control of the child.

      (e) The name and residence of his legal guardian, if there be one.

      (f) The name and residence of the child’s nearest known relative residing within the state, if no parent or guardian can be found.

      (g) Whether the child is known to be an Indian child.

      3.  If any of the facts required by subsection 2 are not known by the petitioner, the petition must so state.

      4.  If the petitioner is a mother filing with respect to her unborn child, the petition must so state and must contain the name and residence of the father or putative father, if known.

      Sec. 15.  NRS 3.223 is hereby amended to read as follows:

      3.223  1.  [In] Except if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.), in each judicial district in which it is established, the family court has original, exclusive jurisdiction in any proceeding:


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      (a) Brought pursuant to chapter 62, 123, 125, 125A, 125B, 126, 127, 128, 129, 130, 159, 425 or 432B of NRS.

      (b) Brought pursuant to chapter 31A of NRS, except to the extent that NRS 31A.010 authorizes the use of any other judicial or administrative procedure to facilitate the collection of an obligation for support.

      (c) Brought pursuant to NRS 442.255 and 442.2555 to request the court to issue an order authorizing an abortion.

      (d) For judicial approval of the marriage of a minor.

      (e) Otherwise within the jurisdiction of the juvenile court.

      (f) To establish the date of birth, place of birth or parentage of a minor.

      (g) To change the name of a minor.

      (h) For a judicial declaration of the sanity of a minor.

      (i) To approve the withholding or withdrawal of life-sustaining procedures from a person as authorized by law.

      (j) Brought pursuant to NRS 433A.200 to 433A.330, inclusive, for an involuntary court-ordered admission to a mental health facility.

      2.  The family court, where established, and the justices’ court have concurrent jurisdiction over actions for the issuance of a temporary or extended order for protection against domestic violence.

      Sec. 16.  Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 16.3 and 16.5 of this act.

      Sec. 16.3.  1.  If proceedings pursuant to this chapter involve the placement of an Indian child into foster care, the court shall:

      (a) Cause the Indian child’s tribe to be notified in writing in the manner provided in the Indian Child Welfare Act. If the Indian child is eligible for membership in more than one tribe, each tribe must be notified.

      (b) Transfer the proceedings to the Indian child’s tribe in accordance with the Indian Child Welfare Act.

      (c) If a tribe declines jurisdiction, exercise its jurisdiction as provided in the Indian Child Welfare Act.

      2.  If the court determines that the parent of an Indian child for whom foster care is sought is indigent, the court:

      (a) Shall appoint an attorney to represent the parent;

      (b) May appoint an attorney to represent the Indian child; and

      (c) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney,

as provided in the Indian Child Welfare Act.

      Sec. 16.5.  Each court in this state which exercises jurisdiction pursuant to this chapter in a case involving and Indian child shall give full faith and credit to the judicial proceedings of an Indian tribe to the same extent that the Indian tribe gives full faith and credit to the judicial proceedings of the courts of this state.

      Sec. 17.  NRS 62.020 is hereby amended to read as follows:

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

      1.  “Adult” means a person 18 years of age or older, a person between the ages of 16 and 18 who has been certified as an adult or a person less than 18 years of age who has been convicted of a murder, attempted murder, or any lesser offense included in either, and sentenced as an adult.


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      2.  “Child” means a person less than 18 years of age or a person less than 21 years of age who committed an act of delinquency before reaching the age of 18 years, unless in either case he has been certified or sentenced as an adult.

      3.  “Court” means the juvenile division of the district court.

      4.  “Indian child” has the meaning ascribed to it in 25 U.S.C. § 1903.

      5.  “Indian Child Welfare Act” means the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.).

      6.  “Judge” means the judge of the juvenile division of the district court.

      [5.] 7.  “Juvenile court” or “juvenile division” means:

      (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      (b) In any other judicial district, the juvenile division of the district court.

      [6.] 8.  “Minor traffic offense” means a violation of any state or local law, ordinance or resolution governing the operation of a motor vehicle upon any street, alley or highway within this state other than:

      (a) Manslaughter;

      (b) Driving a motor vehicle while under the influence of intoxicating liquor, a controlled substance or a drug in violation of NRS 484.379; or

      (c) Any traffic offense declared to be a felony.

      Sec. 18.  NRS 62.040 is hereby amended to read as follows:

      62.040  1.  Except if the child involved is subject to the exclusive jurisdiction of an Indian tribe, and except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

      (a) Concerning any child living or found within the county who is in need of supervision because he:

             (1) Is a child who is subject to compulsory school attendance and is [an] a habitual truant from school;

             (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or

             (3) Deserts, abandons or runs away from his home or usual place of abode,

and is in need of care or rehabilitation. The child must not be considered a delinquent.

      (b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he commits an act designated a crime under the law of the State of Nevada except murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder, or violates a county or municipal ordinance or any rule or regulation having the force of law.

      (c) Concerning any child in need of commitment to an institution for the mentally retarded.

      2.  If a child is charged with a minor traffic offense, the court may transfer the case and record to a justice’s or municipal court if the judge determines that it is in the best interest of the child. If a case is so transferred:

      (a) The restrictions set forth in subsection 4 of NRS 62.170 are applicable in those proceedings; and

      (b) The child must be accompanied at all proceedings by a parent or legal guardian.


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With the consent of the judge of the juvenile division, the case may be transferred back to the juvenile court.

      Sec. 19.  Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 20 to 22, inclusive, of this act.

      Sec. 20.  “Indian child” has the meaning ascribed to it in 25 U.S.C. § 1903.

      Sec. 21.  “Indian Child Welfare Act” means the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.).

      Sec. 21.3.  1.  Any proceeding to place an Indian child in foster care pursuant to this chapter must include the testimony of at least one qualified expert witness as provided in the Indian Child Welfare Act.

      2.  For the purposes of this section, “qualified expert witness” includes, without limitation:

      (a) An Indian person who has personal knowledge about the Indian child’s tribe and its customs related to raising a child and the organization of the family; and

      (b) A person who has:

             (1) Substantial experience and training regarding the customs of Indian tribes related to raising a child; and

             (2) Extensive knowledge of the social values and cultural influences of Indian tribes.

      Sec. 21.5.  1.  The agency providing protective services for a child that is taken into custody pursuant to this chapter shall make all necessary inquiries to determine whether the child is an Indian child. The agency shall report that determination to the court.

      2.  An agency that provides protective services pursuant to this chapter shall provide training for its personnel regarding the requirements of the Indian Child Welfare Act.

      Sec. 21.7.  Each court in this state which exercises jurisdiction pursuant to this chapter in a case involving an Indian child shall give full faith and credit to the judicial proceedings of an Indian tribe to the same extent that the Indian tribe gives full faith and credit to the judicial proceedings of the courts of this state.

      Sec. 22.  If proceedings pursuant to this chapter involve the protection of an Indian child, the court shall:

      1.  Cause the Indian child’s tribe to be notified in writing at the beginning of the proceedings in the manner provided in the Indian Child Welfare Act. If the Indian child is eligible for membership in more than one tribe, each tribe must be notified.

      2.  Transfer the proceedings to the Indian child’s tribe in accordance with the Indian Child Welfare Act.

      3.  If a tribe declines jurisdiction, exercise its jurisdiction as provided in the Indian Child Welfare Act.

      Sec. 23.  NRS 432B.010 is hereby amended to read as follows:

      432B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432B.020 to 432B.110, inclusive, and sections 20 and 21 of this act, have the meanings ascribed to them in those sections.


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ê1995 Statutes of Nevada, Page 787 (Chapter 309, AB 361)ê

 

      Sec. 23.5.  NRS 432B.190 is hereby amended to read as follows:

      432B.190  The division of child and family services shall adopt regulations establishing reasonable and uniform standards for:

      1.  Protective services provided in this state;

      2.  Programs for the prevention of abuse or neglect of a child;

      3.  The development of local councils involving public and private organizations;

      4.  Reports of abuse or neglect, records of these reports and the response to these reports;

      5.  The management and assessment of reported cases of abuse or neglect;

      6.  The protection of the legal rights of parents and children;

      7.  Emergency shelter for a child;

      8.  The prevention, identification and correction of abuse or neglect of a child in residential institutions;

      9.  Evaluating the development and contents of a plan submitted for approval pursuant to NRS 432B.395; and

      10.  Developing and distributing to persons who are responsible for a child’s welfare a pamphlet that sets forth the procedures for taking a child for placement in protective custody and the legal rights of persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, during all stages of the proceeding.

      11.  Making the necessary inquiries required pursuant to section 21.5 of this act to determine whether a child is an Indian child.

      Sec. 24.  NRS 432B.410 is hereby amended to read as follows:

      432B.410  1.  [The] Except if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act, the court has exclusive original jurisdiction in proceedings concerning any child living or found within the county who is a child in need of protection or may be a child in need of protection.

      2.  Action taken by the court because of the abuse or neglect of a child does not preclude the prosecution and conviction of any person for violation of NRS 200.508 based on the same facts.

      Sec. 25.  NRS 432B.420 is hereby amended to read as follows:

      432B.420  1.  A parent or other person responsible for the child’s welfare who is alleged to have abused or neglected a child may be represented by an attorney at all stages of any proceedings under NRS 432B.410 to 432B.590, inclusive. [If] Except as otherwise provided in subsection 2, if the person is indigent, the court may appoint an attorney to represent him. The court may, if it finds it appropriate, appoint an attorney to represent the child.

      2.  If the court determines that the parent of an Indian child for whom protective custody is sought is indigent, the court:

      (a) Shall appoint an attorney to represent the parent;

      (b) May appoint an attorney to represent the Indian child; and

      (c) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney,

as provided in the Indian Child Welfare Act.

      3.  Each attorney, other than a public defender, if appointed under the provisions of subsection 1, is entitled to the same compensation and payment for expenses from the county as provided in NRS 7.125 and 7.135 for an attorney appointed to represent a person charged with a crime.