[Rev. 1/16/2013 4:32:10 PM]

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ê1995 Statutes of Nevada, Page 1001 (Chapter 402, AB 504)ê

 

      649.196  1.  Each applicant for a manager’s certificate must [:

      (a) Be] submit proof satisfactory to the commissioner that he:

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

      (b) [Be] Is at least 21 years of age.

      (c) [Be of good moral character and not have been convicted of any crime involving moral turpitude.

      (d) Not have] Has a good reputation for honesty, trustworthiness, integrity and is competent to transact the business of a collection agency in a manner which protects the interests of the general public.

      (d) Has not committed any of the acts specified in NRS 649.215.

      (e) [Submit evidence of having] Has not had a collection agency license or manager’s certificate suspended or revoked within the 10 years immediately preceding the date of filing the application.

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

      (g) Has had not less than 2 years’ full-time experience with a collection agency in the collection of accounts assigned by creditors who were not affiliated with the collection agency except as assignors of accounts. At least 1 year of the 2 years of experience must have been within the 18-month period preceding the date of filing the application.

      [(f)] 2.  Each applicant must:

      (a) Pass the examination provided for [.

      (g)] in NRS 649.205.

      (b) Pay the required fees.

      [(h)] (c) Submit three recent photographs and three sets of fingerprints in such form as the commissioner prescribes.

      [(i)] (d) Submit such other information reasonable related to his qualifications for the manager’s certificate as the commissioner determines to be necessary.

      [2.] 3.  The commissioner [, without a hearing,] may refuse to issue a manager’s certificate if the applicant does not meet the requirements of [paragraphs (a), (b), or (e) to (i), inclusive, of subsection 1.

      3.] subsections 1 and 2.

      4.  If the commissioner refuses to issue a manager’s certificate [under] pursuant to this section, he shall notify the applicant in writing by certified mail stating the reasons for the refusal. The applicant may submit a written request for a hearing within 20 days after he receives the notice. If the applicant fails to submit a written request within the prescribed period, the commissioner shall enter a final order.

      Sec. 8.  NRS 649.215 is hereby amended to read as follows:

      649.215  The commissioner [, after a hearing,] may refuse to permit an applicant for a manager’s certificate to take the examination, or , after a hearing, may suspend or revoke a manager’s certificate if the applicant or manager has:

      1.  Committed or participated in any act which, if committed or done by a licensee, would be grounds for the suspension or revocation of a license.

      2.  Been refused a license or certificate [under] pursuant to this chapter or had such a license or certificate suspended or revoked.


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ê1995 Statutes of Nevada, Page 1002 (Chapter 402, AB 504)ê

 

      3.  Participated in any act, which act was a basis for the refusal or revocation of a collection agency license.

      4.  Falsified any of the information submitted to the commissioner in support of an application [under] pursuant to this chapter.

      5.  Impersonated, or permitted or aided and abetted another to impersonate, a law enforcement officer or employee of the United States, a state or any political subdivision thereof.

      6.  Made any statement in connection with his employment with a collection agency with the intent to give an impression that he was a law enforcement officer of the United States, a state or political subdivision thereof.

      [7.  Filed a voluntary petition in bankruptcy, or been the object of an involuntary petition, and has been adjudicated a bankrupt within 5 years preceding the filing of an application for granting renewal or reinstatement of a manager’s certificate.]

      Sec. 9.  NRS 649.325 is hereby amended to read as follows:

      649.325  1.  A collection agency shall not remove its business location from the place of business as stated in the license except upon prior approval by the commissioner in writing.

      2.  [In approving or disapproving the removal to a new location the commissioner shall apply the standard specified in subsection 2 of NRS 649.135.

      3.] If the removal is approved, the commissioner shall not the change upon the face of the license and enter in his records a notation of [such location] that change.

      Sec. 10.  NRS 649.027 is hereby repealed.

 

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CHAPTER 403, AB 440

Assembly Bill No. 440–Committee on Commerce

CHAPTER 403

AN ACT relating to escrow licensees; authorizing certain deposits as a substitute for the surety bond required of an applicant for a license as an escrow agency; increasing the required amount of such a bond; authorizing the commissioner of financial institutions to waive certain requirements for the issuance of a license as an escrow agency or agent; prescribing fees for an application for, and the issuance or renewal of, a license as an escrow agent; authorizing the commissioner of insurance to waive certain requirements for the issuance of a license as an escrow officer; and providing other matters properly relating thereto.

 

[Approved June 28, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 645A or NRS is hereby amended by adding thereto a new section to read as follows:

      1.  As a substitute for the surety bond required by NRS 645A.030, an applicant for a license as an escrow agency may deposit with any bank or trust company authorized to do business in this state, in a form approved by the commissioner:


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ê1995 Statutes of Nevada, Page 1003 (Chapter 403, AB 440)ê

 

      (a) An obligation of a bank, savings and loan association, thrift company or credit union licensed to do business in this state;

      (b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or

      (c) Any obligation of this state or any city, county, town, township, school district or other instrumentality of this state or guaranteed by this state, in an aggregate amount, based upon principal amount or market value, whichever is lower.

      2.  The obligations of a bank, savings and loan association, thrift company or credit union must be held to secure the same obligation as would the surety bond. With the approval of the commissioner, the depositor may substitute other suitable obligations for those deposited which must be assigned to the State of Nevada and are negotiable only upon approval by the commissioner.

      3.  Any interest or dividends earned on the deposit accrue to the account of the depositor.

      4.  The deposit must be in an amount at least equal to the required surety bond and must state that the amount may not be withdrawn except by direct and sole order of the commissioner.

      Sec. 2.  NRS 645A.020 is hereby amended to read as follows:

      645A.020  1.  A person who wishes to be licensed as an escrow agent or agency must file a written application in the office of the commissioner.

      2.  The application must:

      (a) Be verified.

      (b) Be accompanied by the appropriate fee prescribed in NRS 645A.040.

      (c) State the location of the applicant’s principal office and branch offices in the state and residence address.

      [(c)] (d) State the name under which the applicant will conduct business.

      [(d)] (e) List the names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees or directors, specifying the capacity and title of each.

      [(e)] (f) Indicate the general plan and character of the business.

      [(f)] (g) State the length of time the applicant has been engaged in the escrow business.

      [(g)] (h) Require a financial statement of the applicant.

      [(h)] (i) Require such other information as the commissioner determines necessary.

      [(i)] (j) If for an escrow agency, designate a natural person to receive service of process in this state for the agency.

      3.  If the commissioner determines, after investigation, that the experience, character, financial condition, business reputation and general fitness of the applicant are such as to command the confidence of the public and to warrant the belief that the business conducted will protect and safeguard the public, he shall issue a license to the applicant as an escrow agent or agency.

      4.  The commissioner may waive the investigation required by subsection 3 if the applicant submits with his application satisfactory proof that he, in good standing, currently holds a license, or held a license within 1 year before the date he submits his application, which was issued pursuant to the provisions of NRS 692A.103.


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ê1995 Statutes of Nevada, Page 1004 (Chapter 403, AB 440)ê

 

      5.  An escrow agent or agency shall immediately notify the division of any material change in the information contained in the application.

      [5.] 6.  A person may not be licensed as an escrow agent or agency or be a principal officer, director or trustee of an escrow agency if he is the holder of [:

      (a) An] an active license issued pursuant to chapter 645 of NRS . [; or

      (b) A license issued pursuant to chapter 645B of NRS.]

      Sec. 3.  NRS 645A.030 is hereby amended to read as follows:

      645A.030  1.  [At] Except as otherwise authorized by section 1 of this act, at the time of filing an application for a license as an escrow [agent or] agency, the applicant shall [:

      (a) In the case of an escrow agency,] deposit with the commissioner a corporate surety bond payable to the State of Nevada, in [an] the amount of [$25,000,] $50,000, executed by a corporate surety satisfactory to the commissioner, and naming as principals the applicant and all escrow agents employed by or associated with the applicant . [; or

      (b) In the case of]

      2.  At the time of filing an application for a license as an escrow agent, the applicant shall file with the commissioner proof that [he] the applicant is named as a principal on the corporate surety bond deposited with the commissioner by the escrow agency with whom he is associated or employed.

      [2.] 3.  The bond must be in substantially the following form:

 

      Know All Men by These Presents, that ……………………, as principal, and ……………………, as surety, are held firmly bound unto the State of Nevada for the use and benefit of any person who suffers damages because of a violation of any of the provisions of chapter 645A of NRS, in the sum of …………, lawful money of the United States, to be paid to the State of Nevada for such use and benefit, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

      The condition of that obligation is such that: Whereas, the principal has made an application to the commissioner of financial institutions of the department of business and industry of the State of Nevada for a license as an escrow agent or agency and is required to furnish a bond in the amount of [$25,000] $50,000 conditioned as set forth in this bond:

      Now, therefore, if the principal, his agents and employees, strictly, honestly and faithfully comply with the provisions of chapter 645A of NRS, and pay all damages suffered by any person because of a violation of any of the provisions of chapter 645A of NRS, or by reason of any fraud, dishonesty, misrepresentation or concealment of material facts growing out of any transaction governed by the provisions of chapter 645A of NRS, then this obligation is void; otherwise it remains in full force.

      This bond becomes effective on the ………. day of ……………., 19 ……, and remains in force until the surety is released from liability by the commissioner of financial institutions or until this bond is canceled by the surety. The surety may cancel this bond and be relieved of further liability hereunder by giving 60 days’ written notice to the principal and to the commissioner of financial institutions of the department of business and industry of the State of Nevada.


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ê1995 Statutes of Nevada, Page 1005 (Chapter 403, AB 440)ê

 

financial institutions of the department of business and industry of the State of Nevada.

      In Witness Whereof, the seal and signature of the principal hereto is affixed, and the corporate seal and the name of the surety hereto is affixed and attested by its authorized officers at ……………………, Nevada, this ……………. day of ……………., 19 ……

 

                                                                    ........................................................... (Seal)

                                                                                                Principal

                                                                    ........................................................... (Seal)

                                                                                                  Surety

                                                                                    By................................................

                                                                                                  Attorney in fact

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

                                                                                            Licensed resident agent

      Sec. 4.  NRS 645A.040 is hereby amended to read as follows:

      645A.040  1.  Every license issued pursuant to the provisions of this chapter expires on July 1 of each year if it is not renewed. A license may be renewed by filing an application for renewal and paying the annual fee for the succeeding year.

      2.  The [filing] fees for the issuance or renewal of a license for an escrow agency are:

      (a) For filing an [original application,] application for an initial license, $500 for the principal office and $100 for each branch office. All money received by the commissioner pursuant to this paragraph must be placed in the investigative account created by NRS 232.545.

      (b) If the license is approved for issuance, $200 for the principal office and $100 for each branch office. The fee must be paid before issuance of the license.

      (c) For filing an application for renewal, $200 for the principal office and $100 for each branch office.

      [(d) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.

      (e) For filing any change of information contained in the application, $10.

      (f) For each change of association with an escrow agency, $25.]

      3.  The fees for the issuance or renewal of a license for an escrow agent are:

      (a) For filing an application for an initial license or for the renewal of a license, $100.

      (b) If a license is approved for issuance or renewal, $25. The fee must be paid before the issuance or renewal of the license.

      4.  If a licensee fails to pay the fee for the annual renewal of his license before its expiration, his license may be renewed only upon the payment of a fee one and one-half times the amount otherwise required for renewal. A license may be renewed pursuant to this subsection only if all the fees are paid within 1 year after the date on which the license expired.

      [4.] 5.  In addition to the other fees set forth in this section, each applicant or licensee shall pay:


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ê1995 Statutes of Nevada, Page 1006 (Chapter 403, AB 440)ê

 

      (a) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.

      (b) For filing any charge of information contained in the application, $10.

      (c) For each change of association with an escrow agency, $25.

      6.  Except as otherwise provided in this chapter, all fees received pursuant to this chapter must be deposited in the state treasury for credit to the state general fund.

      Sec. 5.  NRS 645A.043 is hereby amended to read as follows:

      645A.043  1.  The surety may cancel a bond upon giving 60 days’ notice to the commissioner by certified mail. Upon receipt by the commissioner of such a notice, the commissioner immediately shall notify the licensee who is the principal on the bond of the effective date of cancellation of the bond, and that his license will be revoked unless he furnishes an equivalent bond or a substitute form of security authorized by section 1 of this act before the effective date of the cancellation. The notice must be sent to the licensee by certified mail to his last address of record filed in the office of the division.

      2.  If the licensee does not comply with the requirements set out in the notice from the commissioner, his license must be revoked on the date the bond is canceled.

      Sec. 6.  NRS 692A.103 is hereby amended to read as follows:

      692A.103  1.  A person who wishes to obtain a license as an escrow officer must:

      (a) File a written application in the office of the commissioner;

      (b) [Demonstrate] Except as otherwise provided in subsection 3, demonstrate competency in matters relating to escrows by:

             (1) Having at least 1 year of recent experience with respect to escrows of a sufficient nature to allow him to fulfill the responsibilities of an escrow officer; or

             (2) Passing a written examination concerning escrows as prescribed by the commissioner;

      (c) Submit the name and business address of the title agent who will supervise the escrow officer; and

      (d) Pay the fees required by NRS 680B.010.

      2.  The commissioner shall issue a license as an escrow officer to any person who satisfies the requirements of subsection 1.

      3.  The commissioner may waive the requirements of paragraph (b) of subsection 1 if the applicant submits with his application satisfactory proof that he, in good standing, currently holds a license, or held a license within 1 year before the date he submits his application, which was issued pursuant to the provisions of NRS 645A.020.

      4.  A license issued pursuant to this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. The license may be renewed by payment of the applicable fee for renewal to the commissioner on or before the last day of the month in which the license is renewable.

      [4.] 5.  A license which is not renewed expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required.


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ê1995 Statutes of Nevada, Page 1007 (Chapter 403, AB 440)ê

 

request is accompanied by a fee for renewal of 150 percent of the fee otherwise required.

      [5.] 6.  The commissioner shall adopt regulations to carry out the provisions of this section.

 

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CHAPTER 404, AB 373

Assembly Bill No. 373–Assemblymen Sandoval, Price and Brower

CHAPTER 404

AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide an exemption from the tax for orthotic appliances and ambulatory casts, other supports and casts if prescribed or applied by a licensed provider of health care, and splints, bandages, pads, compresses and dressings prescribed, furnished or sold under certain circumstances; contingently providing the same exemption from certain analogous taxes; and providing other matters properly relating thereto.

 

[Approved June 28, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  At the general election on November 5, 1996, a proposal must be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.

      Sec. 2.  At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.

      Sec. 3.  The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:

      Notice is hereby given that at the general election on November 5, 1996, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:

      AN ACT to amend an act entitled “An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto.” approved March 29, 1955, as amended.

 

THE PEOPLE OF THE STATE OF NEVADA DO ENACT AS FOLLOWS:

 

       Section 1.  Section 56.1 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, as added by chapter 306, Statutes of Nevada 1969, at page 532, and amended by chapter 627, Statutes of Nevada 1985, at page 2028, is hereby amended to read as follows:

 


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ê1995 Statutes of Nevada, Page 1008 (Chapter 404, AB 373)ê

 

      Section 56.1.  1.  There are exempted from the taxes imposed by this act the gross receipts from sales and the storage, use or other consumption of:

      (a) Prosthetic devices , orthotic appliances and ambulatory casts for human use [.] , and other supports and casts if prescribed or applied by a licensed provider of health care, within his scope of practice, for human use.

      (b) Appliances and supplies relating to an ostomy.

      (c) Products for hemodialysis.

      (d) Medicines:

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

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

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

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

      2.  As used in this section:

      (a) “Medicine” means any substance or preparation intended for use by external or internal application to the human body in the diagnosis, cure, mitigation, treatment or prevention of disease or affliction of the human body and which is commonly recognized as a substance or preparation intended for such use. The term includes splints, bandages, pads, compresses and dressings.

      [3.] (b) “Medicine” does not include:

      [(a)] (1) Any auditory, ophthalmic or ocular device or appliance.

      [(b)] (2) Articles which are in the nature of [splints, bandages, pads, compresses, supports, dressings,] instruments, crutches, canes, [braces,] devices or other mechanical, electronic, optical or physical equipment.

      [(c)] (3) Any alcoholic beverage, except where the alcohol merely provides a solution in the ordinary preparation of a medicine . [as defined by subsection 2.

      4.] (4) Braces or supports, other than those prescribed or applied by a licensed provider of health care, within his scope of practice, for human use.

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

       Sec. 2.  This act becomes effective on January 1, 1997.

      Sec. 4.  The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:


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ê1995 Statutes of Nevada, Page 1009 (Chapter 404, AB 373)ê

 

       Shall the Sales and Use Tax Act of 1955 be amended to provide an exemption from the taxes imposed by this act on the gross receipts from the sale and storage, use or other consumption of orthotic appliances and ambulatory casts, other supports and casts if prescribed or applied by a licensed provider of health care, within his scope of practice, and splints bandages, pads, compresses and dressing prescribed, furnished or sold under certain circumstances?

Yes o No o

      Sec. 5.  The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:

 

(Explanation of Question)

       The proposed amendment to the Sales and Use Tax Act of 1955 would exempt from the taxes imposed by this act the gross receipts from the sale and storage, use or other consumption of orthotic appliances and ambulatory casts, other supports and casts if prescribed or applied by a licensed provider of health care, within his scope of practice, and splints, bandages, pads, compresses and dressings prescribed, furnished or sold under certain circumstances. If this proposal is adopted, the legislature has provided that the Local School Support Tax Law and the City-County Relief Tax Law will be amended to provide the same exemption.

      Sec. 6.  If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes effective on January 1, 1997. If less than a majority of votes cast on the question is yes, the question fails and the amendment to the Sales and Use Tax Act of 1955 does not become effective.

      Sec. 7.  All general election laws not inconsistent with this act are applicable.

      Sec. 8.  Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the proposed amendment was adopted by a majority of those registered voters.

      Sec. 9.  NRS 374.287 is hereby amended to read as follows:

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

      (a) Prosthetic devices , orthotic appliances and ambulatory casts for human use [.] , and other supports and casts if prescribed or applied by a licensed provider of health care, within his scope of practice, for human use.

      (b) Appliances and supplies relating to an ostomy.

      (c) Products for hemodialysis.

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

      (e) Medicines:


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ê1995 Statutes of Nevada, Page 1010 (Chapter 404, AB 373)ê

 

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

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

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

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

      2.  As used in this section:

      (a) “Medicine” means any substance or preparation intended for use by external or internal application to the human body in the diagnosis, cure, mitigation, treatment or prevention of disease or affliction of the human body and which is commonly recognized as a substance or preparation intended for such use. The term includes splints, bandages, pads, compresses and dressings.

      [3.] (b) “Medicine” does not include:

      [(a)] (1) Any auditory device or appliance.

      [(b)] (2) Articles which are in the nature of [splints, bandages, pads, compresses, supports, dressings,] instruments, crutches, canes, [braces,] devices or other mechanical, electronic, optical or physical equipment.

      [(c)] (3) Any alcoholic beverage, except where the alcohol merely provides a solution in the ordinary preparation of a medicine . [as defined by subsection 2.

      4.] (4) Braces or supports, other than those prescribed or applied by a licensed provider of health care, within his scope of practice, for human use.

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

      Sec. 10.  Section 9 of this act becomes effective on January 1, 1997, only if the question provided for in section 3 of this act is approved by the voters at the general election on November 5, 1996.

 

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ê1995 Statutes of Nevada, Page 1011ê

 

CHAPTER 405, AB 341

Assembly Bill No. 341–Assemblyman Carpenter

CHAPTER 405

AN ACT relating to trustees of school districts; providing that a member of the board of trustees of a school district may not be excluded from any group insurance or coverage for medical service or hospital care that is offered by the school district to its officers and employees; allowing certain trustees upon the expiration of their terms of office to continue such group insurance; and providing other matters properly relating thereto.

 

[Approved June 28, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a member of the board of trustees of a school district who has served at least one full term of office does not seek reelection or is defeated for reelection and, upon the expiration of his term of office, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, the board member has the option upon the expiration of his term of office to cancel or continue any such group insurance to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act (42 U.S.C. §§ 1395 et seq.). A board member who continues coverage under the program of group insurance shall assume all costs for the continued coverage. A dependent of such a board member has the option, which may be exercised to the same extent and in the same manner as the board member, to cancel or continue coverage in effect on the date the board member dies.

      2.  Notice of the selection of the option must be given in writing to the board of trustees of the school district within 30 days after the expiration of the board member’s term of office or the date of his death, as the case may be. If no notice is given by that date, the board member and his dependents shall be deemed to have selected the option to cancel the coverage.

      Sec. 2.  NRS 287.010 is hereby amended to read as follows:

      287.010  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may:

      [1.] (a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

      [2.] (b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.


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ê1995 Statutes of Nevada, Page 1012 (Chapter 405, AB 341)ê

 

      [3.] (c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A or NRS, and must be a resident of this state. Any contract with an independent administrator must be approved by the commissioner of insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 689B.030 to 689B.050, inclusive, apply to coverage provided pursuant to this [subsection.

      4.] paragraph.

      (d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The [funds] money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.

      2.  If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.

      Sec. 3.  NRS 287.020 is hereby amended to read as follows:

      287.020  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada [shall have the power to] may adopt and carry into effect a system of medical or hospital service, or a combination thereof, through nonprofit membership corporations defraying the cost of medical service or hospital care, or both, open to participation by all licentiates of the particular class (whether doctors of medicine, doctors of osteopathy or doctors of chiropractic) offering services through such a nonprofit membership corporation, for the benefit of such of their officers and employees, and the dependents of such officers and employees, as may elect to accept membership in such nonprofit corporation and who have authorized the governing body to make deductions from their compensation for the payment of membership dues.

      2.  A part, not to exceed 50 percent, of the cost of such membership dues may be defrayed by such governing body by contribution. The [funds] money for such contributions [shall] must be budgeted for in accordance with the laws governing such county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.

      3.  The power conferred in this section, with respect to the rendition of medical or hospital service, or a combination thereof, is coextensive with the power conferred in NRS 287.010 with respect to insurance companies.


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ê1995 Statutes of Nevada, Page 1013 (Chapter 405, AB 341)ê

 

      4.  If a school district offers coverage for medical service or hospital care, or both, to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the coverage. If the amount of the deductions from compensation required to pay for the coverage exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.

      Sec. 4.  NRS 287.040 is hereby amended to read as follows:

      287.040  The provisions of NRS 287.010 to 287.040, inclusive, and section 1 of this act do not make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada to make any contributions for the payment of any premiums or other costs for group insurance or medical or hospital services, or upon any officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state to accept or join any plan of group insurance or to assign his wages or salary or to authorize deductions from his wages or salary in payment of premiums therefor.

      Sec. 5.  1.  Notwithstanding the provisions of section 1 of this act, a person who formerly served on the board of trustees of a school district and who did not seek reelection in 1994 or was defeated for reelection in 1994 and who was, upon the expiration of his term of office, covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, may request that coverage to be reinstated, or the surviving spouse of such a person may make such a request, to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act (42 U.S.C. §§ 1395 et seq.), upon notifying the board of trustees of the school district pursuant to subsection 3 and assuming all costs of the coverage.

      2.  The board of trustees of each school district shall, on or before October 1, 1995, notify each former member of the board or his surviving spouse who is, according to its records, eligible to reinstate coverage pursuant to this section.

      3.  A person who wishes to reinstate coverage pursuant to this section shall before December 31, 1995, notify the board of trustees of the appropriate school district of his intention to join. A person who receives the notice sent pursuant to subsection 2 and fails to notify the board of trustees on or before December 31, 1995, of his intention to reinstate the coverage is no longer eligible to join the program pursuant to this section.

      Sec. 6.  This act becomes effective on July 1, 1995.

 

________


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ê1995 Statutes of Nevada, Page 1014ê

 

CHAPTER 406, AB 293

Assembly Bill No. 293–Committee on Judiciary

CHAPTER 406

AN ACT relating to domestic violence; removing references to the county jail as the place of imprisonment for violation of a protective order; and providing other matters properly relating thereto.

 

[Approved June 28, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 33.100 is hereby amended to read as follows:

      33.100  1.  Any person who violates a temporary or extended order is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act which constitutes the violation of the order. If the violation is accompanied by a violent physical act by the adverse party against a person protected by the order, the court shall:

      (a) Impose upon the adverse party a fine of $1,000 or require him to perform a minimum of 100 hours of work for the community;

      (b) Sentence him to imprisonment [in the county jail] for not fewer than 5 days nor more than 6 months;

      (c) Order him to reimburse the applicant, in an amount [as] determined by the court, for all costs and attorney’s fees incurred by the applicant in seeking to enforce the temporary or extended order, and for all medical expenses of the applicant and any minor child incurred as a result of the violent physical act; and

      (d) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.

      2.  The adverse party shall comply with the order for reimbursement of the applicant before paying a fine imposed pursuant to this section.

      Sec. 2.  NRS 125.560 is hereby amended to read as follows:

      125.560  1.  Any person who violates a restraining order or injunction:

      (a) That is in the nature of a temporary or extended order for protection against domestic violence; and

      (b) That is issued in any action or proceeding brought pursuant to this Title,

is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act which constitutes the violation of the order or injunction. For the purposes of this subsection, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief which might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

      2.  If the violation is accompanied by a violent physical act against a person protected by the order or injunction, the court shall:

      (a) Impose upon the person committing the act a fine of $1,000 or require him to perform a minimum of 100 hours of work for the community;

      (b) Sentence him to imprisonment [in the county jail] for not fewer than 5 days nor more than 6 months;

      (c) Order him to reimburse the person obtaining the order or injunction, in an amount determined by the court, for all costs and attorney’s fees incurred by that person in seeking to enforce the order or injunction, and for all medical expenses of the person and any minor child incurred as a result of the violent physical act; and

 


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ê1995 Statutes of Nevada, Page 1015 (Chapter 406, AB 293)ê

 

by that person in seeking to enforce the order or injunction, and for all medical expenses of the person and any minor child incurred as a result of the violent physical act; and

      (d) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.

      3.  The person committing the violation shall comply with the order for reimbursement of the person obtaining the order or injunction before paying any fine imposed pursuant to this section.

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

 

________

 

 

CHAPTER 407, AB 4

Assembly Bill No. 4–Assemblyman Giunchigliani

CHAPTER 407

AN ACT relating to education; authorizing credit toward graduation from high school for completion of community service projects; requiring the board of trustees of each school district to prescribe standards and rules concerning such credits and projects; and providing other matters properly relating thereto.

 

[Approved June 28, 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.  A pupil enrolled in high school who successfully completes a community service project which has been approved pursuant to this section must be allowed to apply not more than one credit received for the completion of the project toward the total number of credits required for graduation from high school. The credit must be applied toward the pupil’s elective course credits and not toward a course that is required for graduation from high school. A pupil may not receive credit for the completion of a community service project if the project duplicates a course of study in which the pupil has received instruction.

      2.  With the approval of the state board, the board of trustees of each school district shall prescribe for the district the:

      (a) Community service projects for which credit will be granted;

      (b) Amount of credit which will be granted upon completion of each project;

      (c) Rules regarding how a pupil may apply for such credit upon completion of a community service project; and

      (d) Procedures for obtaining the consent of a parent or legal guardian of a pupil before the pupil may participate in a community service project for which credit will be granted.

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

 

________


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ê1995 Statutes of Nevada, Page 1016ê

 

CHAPTER 408, AB 435

Assembly Bill No. 435–Assemblymen Neighbors and de Braga

CHAPTER 408

AN ACT relating to water; revising the provisions governing the forfeiture of certain water rights; requiring the state engineer to provide notice of the provisions regarding forfeiture to certain owners of water rights; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 533.425 is hereby amended to read as follows:

      533.425  1.  As soon as practicable after satisfactory proof has been made to the state engineer that any application to appropriate water or any application for permission to change the place of diversion, manner or place of use of water already appropriated has been perfected in accordance with the provisions of this chapter, the state engineer shall issue to the holder of the permit, his assign or assigns, a certificate setting forth:

      [1.] (a) The name and post office address of the appropriator, his assign, or assigns.

      [2.] (b) The date, source, purpose and amount of appropriation.

      [3.] (c) If for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which the water is appurtenant.

      [4.] (d) The number of the permit under which the certificate is issued.

      2.  If the water is appropriated from an underground source, the state engineer shall issue with the certificate a notice of the provisions governing the forfeiture and abandonment of such water rights. The notice must set forth the provisions of NRS 534.090.

      Sec. 2.  NRS 534.090 is hereby amended to read as follows:

      534.090  1.  Except as otherwise provided in [subsections 2 and 3,] this section, failure for 5 successive years after April 15, 1967, on the part of the holder of any right, whether it is an adjudicated right, an unadjudicated right, or a permitted right, and further whether the right is initiated after or before March 25, 1939, to use beneficially all or any part of the underground water for the purpose for which the right is acquired or claimed, works a forfeiture of both undetermined rights and determined rights to the use of that water to the extent of the nonuse. For water rights in basins for which the state engineer keeps pumping records, if the records of the state engineer indicate at least 4 consecutive years, but less than 5 consecutive years, of nonuse of all or any part of such a water right which is governed by this chapter, the state engineer shall notify the owner of the water right, as determined in the records of the office of the state engineer, by registered or certified mail that he has 1 year after the date of the notice in which to use the water right beneficially and to provide proof of such use to the state engineer or apply for relief pursuant to subsection 2 to avoid forfeiting the water right. If, after 1 year after the date of the notice, proof of beneficial use is not sent to the state engineer, the state engineer shall, unless he has granted a request to extend the time necessary to work a forfeiture of the water right, declare the right forfeited within 30 days. Upon the forfeiture of a right to the use of ground water, the water reverts to the public and is available for further appropriation, subject to existing rights.


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

ê1995 Statutes of Nevada, Page 1017 (Chapter 408, AB 435)ê

 

water, the water reverts to the public and is available for further appropriation, subject to existing rights. If, upon notice by registered or certified mail to the [person] owner of record whose right has been declared forfeited, [that person] the owner of record fails to appeal [such] the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the forfeiture becomes final. The failure to receive a notice pursuant to this subsection does not nullify the forfeiture or extend the time necessary to work the forfeiture of a water right.

      2.  The state engineer may, upon the request of the holder of any right described in subsection 1, extend the time necessary to work a forfeiture under that subsection if the request is made before the expiration of the time necessary to work a forfeiture. The state engineer may grant , upon request and for good cause shown, any number of extensions, but [no] a single extension [may] must not exceed 1 year. In determining whether to grant or deny a request, the state engineer shall, among other reasons, consider:

      (a) Whether the holder has shown good cause for his failure to use all or any part of the water beneficially for the purpose for which his right is acquired or claimed;

      (b) The unavailability of water to put to a beneficial use which is beyond the control of the holder;

      (c) Any economic conditions or natural disasters which made the holder unable to put the water to that use; and

      (d) Whether the holder has demonstrated efficient ways of using the water for agricultural purposes, such as center-pivot irrigation.

The state engineer shall notify, by registered or certified mail, the owner of the water right, as determined in the records of the office of the state engineer, of whether he has granted or denied the holder’s request for an extension pursuant to this subsection.

      3.  If the failure to use the water pursuant to subsection 1 is because of the use of center-pivot irrigation before July 1, 1983, and such use could result in a forfeiture of a portion of a right, the state engineer shall, by registered or certified mail, send to the owner of record a notice of intent to declare [such] a forfeiture. The notice must provide that the owner has at least 1 year from the date of the notice to use the water beneficially or apply for additional relief pursuant to subsection 2 before forfeiture of his right is declared by the state engineer.

      4.  A right to use underground water whether it is vested or otherwise may be lost by abandonment. If the state engineer, in investigating a ground water source, upon which there has been a prior right, for the purpose of acting upon an application to appropriate water from the same source, is of the belief from his examination that an abandonment has taken place, he shall so state in his ruling approving the application. If, upon notice by registered or certified mail to the [person] owner of record who had the prior right, [that person] the owner of record of the prior right fails to appeal [such] the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the alleged abandonment declaration as set forth by the state engineer becomes final.


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ê1995 Statutes of Nevada, Page 1018 (Chapter 408, AB 435)ê

 

      Sec. 3.  Section 8 of Senate Bill No. 93 of this session is hereby amended to read as follows:

       Sec. 8.  NRS 533.425 is hereby amended to read as follows:

       533.425  1.  As soon as practicable after satisfactory proof has been made to the state engineer that any application to appropriate water or any application for permission to change the place of diversion, manner or place of use of water already appropriated has been perfected in accordance with the provisions of this chapter, the state engineer shall issue to the holder of the permit [, his assign or assigns,] a certificate setting forth:

       (a) The name and post office address of the [appropriator, his assign, or assigns.] holder of the permit.

       (b) The date, source, purpose and amount of appropriation.

       (c) If for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which the water is appurtenant.

       (d) The number of the permit under which the certificate is issued.

       2.  If the water is appropriated from an underground source, the state engineer shall issue with the certificate a notice of the provisions governing the forfeiture and abandonment of such water rights. The notice must set forth the provisions of NRS 534.090.

      Sec. 4.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 409, AB 52

Assembly Bill No. 52–Committee on Government Affairs

CHAPTER 409

AN ACT relating to bonds; requiring certain bonds issued by municipalities to be sold by competitive bid; requiring the governing body of a municipality to establish a procedure for the selection of proposals to sell certain bonds; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 350 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 3.  “Bond” means any evidence of indebtedness of a municipality that is issued pursuant to the provisions of this chapter or chapter 244, 244A, 268, 269, 271, 318, 354 or 387 of NRS, whether general or special obligations, including, without limitation, bonds, notes, debentures, warrants and certificates.

      Sec. 4.  “Competitive bid” means the procedure for the sale of bonds by a municipality to one or more purchasers determined by the municipality to have offered the best price and interest rate.


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ê1995 Statutes of Nevada, Page 1019 (Chapter 409, AB 52)ê

 

      Sec. 5.  “Financial adviser” means a financial consulting firm whose employees have experience in advising municipalities relating to the issuance of debt instruments, and which, except for its consulting relationship with the municipality, is not under the control of the municipality.

      Sec. 6.  “Negotiated sale” means the procedure for the sale of bonds by a municipality to one or more purchasers selected pursuant to sections 9 and 10 of this act upon such terms as are agreed upon after the selection of the purchaser.

      Sec. 7.  1.  Except as otherwise provided in subsection 2, a municipality shall sell the bonds it issues by competitive bid if the credit rating for the bonds or any other bonds of the municipality with the same security, determined without regard to insurance for the bonds or any other independent enhancement of credit, is rated by a nationally recognized rating service as “A-,” “A,” “AA,” “AAA,” or their equivalents, 90 days before and on the day the bonds are sold and:

      (a) The bonds are general obligation bonds;

      (b) The primary security for the bonds is an excise tax; or

      (c) The bonds are issued pursuant to chapter 271 of NRS and are secured by a pledge of the taxing power and the general fund of the municipality.

      2.  The provisions of subsection 1 and sections 9 and 10 of this act do not apply to:

      (a) Any bond which is issued with a variable rate of interest.

      (b) A bond issue whose principal amount is $1,000,000 or less.

      (c) A bond issue with a term of 3 years or less.

      (d) A bond issue for which an invitation for competitive bids was issued and for which no bids were received or all bids were rejected.

      (e) Leases, contracts for purchase by installment and certificates of participation if the obligations of the municipality thereunder will terminate when the municipality fails to appropriate money to pay that obligation for the next fiscal year.

      (f) Economic development revenue bonds issued pursuant to the city economic development revenue bond law or the county economic development revenue bond law.

      (g) Bonds sold by the municipality to:

             (1) The United States or any agency or instrumentality thereof;

             (2) The State of Nevada;

             (3) Any other municipality; or

             (4) Not more than 10 investors each of whom certifies that he:

             (I) Has a net worth of $500,000 or more; and

             (II) Is purchasing for investment and not for resale.

      (h) Bonds which require unusual methods of financing, if the chief administrative officer of the municipality certifies in writing that the proposed method of financing:

             (1) Has not been used previously by any municipality in this state; and

             (2) May provide a substantial benefit to the municipality.

      (i) Refunding bonds, if the chief administrative officer of the municipality certifies in writing that the use of a negotiated sale may provide a substantial benefit to the municipality which would not be available if the bonds were sold by competitive bid.


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ê1995 Statutes of Nevada, Page 1020 (Chapter 409, AB 52)ê

 

      (j) Bonds which are sold at a time when, because of particular conditions in the market, a negotiated sale may provide a benefit to the municipality which would not be available if the bonds were sold by competitive bid, if the chief administrative officer of the municipality so certifies in writing.

      (k) Bonds which are issued pursuant to chapter 271 of NRS and are not secured by a pledge of the taxing power and general fund of the municipality.

      (l) Revenue bonds which are issued pursuant to chapter 350A of NRS and are secured by a pledge of the allocable local revenues of the municipality.

      3.  The certificate required by paragraph (h) of subsection 2 must specifically describe the proposed method of financing. The certificate required by paragraph (i) of subsection 2 must specifically describe the circumstances that may provide a substantial benefit if the refunding bonds are negotiated. The certificate required by paragraph (j) of subsection 2 must specifically describe the particular conditions in the market which indicate that a negotiated sale of the bonds may provide a benefit to the municipality. Each certificate required pursuant to subsection 2 must be submitted to the governing body of the municipality at a regularly scheduled meeting of that body and include:

      (a) The estimated amount of the benefit which will accrue to the municipality.

      (b) If the municipality has a financial adviser, a written report prepared by that financial adviser which specifically describes the method of sale which will be used for the proposed financing.

      4.  A copy of:

      (a) The certificate required by paragraph (h), (i) or (j) of subsection 2; and

      (b) The report required pursuant to subsection 3,

must be filed with the general obligation bond commission of the county where the municipality is located, the county clerk and the department of taxation. Before entering into a contract to sell bonds, at least two-thirds of the members of the governing body of the municipality must approve the certificate.

      5.  If a municipality is required to sell the bonds it issues by competitive bid pursuant to the provisions of this section, it must cause an invitation for competitive bids, or notice thereof, to be published before the date of the sale in the daily or weekly version of the Bond Buyer, published at One State Street Plaza in New York City, New York, or any successor publication.

      6.  As used in this section “invitation for competitive bids” means a process by which sealed bids or the reasonable equivalent thereof, as approved by the governing body of a municipality, are solicited, received and publicly opened at a specified time, place and date.

      Sec. 8.  1.  The governing body of a municipality may, before any sale of bonds, whether by competitive bid or negotiated sale, delegate to the chief administrative officer or chief financial officer of the municipality the authority to sign a contract for the purchase of the bonds or to accept a binding bid for the bonds subject to the requirements specified by the governing body concerning:

      (a) The rate of interest on the bonds;

      (b) The dates on which and the prices at which the bonds may be called for redemption before maturity;

      (c) The price at which the bonds will be sold; and


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ê1995 Statutes of Nevada, Page 1021 (Chapter 409, AB 52)ê

 

      (d) The principal amount of the bonds and the amount of principal maturing in any particular year.

      2.  All terms of the bonds other than:

      (a) The rate of interest;

      (b) The dates and prices for the redemption of the bonds;

      (c) The price for the sale of the bonds;

      (d) The principal amount of the bonds; and

      (e) The requirements for the principal maturing in particular years,

must be approved by the governing body of the municipality before the bonds are delivered.

      3.  The final rate of interest, dates and prices of redemption, price for the sale of the bonds, principal amount and the requirements for the principal amount maturing in particular years are not required to be approved by the governing body of the municipality if each of those terms complies with the requirements specified by the governing body before the contract for the purchase of the bonds is signed or the bid for the bonds is accepted.

      Sec. 9.  1.  If a municipality wishes to sell its bonds by a negotiated sale, it shall provide notice of the request for proposals in a manner that ensures that a reasonable number of underwriters for the size of the bond issue are notified of the request. The governing body of the municipality shall approve the notice.

      2.  The procedure for a request for proposals established by a municipality, including any requirement relating to:

      (a) The rotation of the managing underwriters; and

      (b) The municipality’s policy of equal opportunity concerning the selection of underwriters,

must be described in the written statement of the debt management policy of the municipality.

      3.  A municipality may negotiate the sale of the bonds described in the request for proposals with the underwriter it selects for not more than 6 years after the date of the selection of that underwriter. If bonds are not described in the request for proposals or if a negotiated sale occurs more than 6 years after the selection of an underwriter, the municipality shall request proposals from underwriters pursuant to subsection 1 before it selects an underwriter for that negotiated sale.

      4.  As used in this section, “request for proposals” means a statement which requests that prospective underwriters submit proposals to the municipality to provide underwriting services for the negotiated sale.

      Sec. 10.  1.  The governing body of a municipality which sells bonds by a negotiated sale shall establish a procedure for the selection of a proposal for the sale of the bonds. The procedure must include a consideration of:

      (a) The ability and experience of the responding underwriter in the underwriting of bonds sold by competitive bid or negotiated sale;

      (b) The degree to which the proposal of the responding underwriter meets the needs of the municipality and minimizes the risk and cost to the municipality;

      (c) An estimation of any fees or other elements of the gross spread between the price paid to the municipality for the bonds and the price at which the bonds are sold to investors;


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ê1995 Statutes of Nevada, Page 1022 (Chapter 409, AB 52)ê

 

      (d) Any other fees, charges or commissions which the municipality will be required to pay in connection with the issuance of the bonds; and

      (e) Any fees paid by the underwriter to persons who are not his employees to obtain business from the municipality.

      2.  The chief administrative officer of the municipality shall certify that the procedure for selecting a proposal for the negotiated sale pursuant to section 9 of this act was conducted in an open and fair manner.

      Sec. 11.  A financial adviser who provides any report required pursuant to sections 2 to 11, inclusive, of this act, must not:

      1.  Be;

      2.  Control;

      3.  Be controlled by; or

      4.  Be under common control with,

an underwriter for the bonds if those bonds are sold at a negotiated sale.

      Sec. 12.  NRS 350.616 is hereby amended to read as follows:

      350.616  1.  Notes, bonds and interim debentures [may be issued at public or private sale.] must be sold in the manner prescribed in sections 2 to 11, inclusive, of this act.

      2.  Warrants may be issued to evidence the amount due to any person furnishing services or materials as provided in the Local Government Securities Law.

      3.  Temporary bonds must be issued to a purchaser of the definitive bonds in anticipation of the exchange of the former for the latter.

      Sec. 13.  NRS 350.692 is hereby amended to read as follows:

      350.692  1.  Any bonds issued for refunding purposes may [either] be delivered in exchange for the outstanding bonds being refunded or may be [publicly or privately sold.] sold in the manner prescribed in sections 2 to 11, inclusive, of this act.

      2.  The refunding bonds, or any part thereof, except as limited by subsection 2 of NRS 350.698, may be exchanged by the municipality for federal securities and other securities of the Federal Government which have been made available for escrow investment by any purchaser of refunding bonds, upon terms of exchange mutually agreed upon, and any such securities so received by the municipality [shall] must be placed in escrow as provided in NRS 350.696 and 350.698.

      Sec. 14.  NRS 244A.643 is hereby amended to read as follows:

      244A.643  The board is authorized to sell such bonds from time to time [at public or private sale as the board may determine,] in the manner prescribed in sections 2 to 11, inclusive, of this act and may employ legal, fiscal, engineering or other expert services in connection with the acquisition, improvement, extension or betterment of the improvements or facilities and with the authorization, issuance and sale of the bonds.

      Sec. 15.  NRS 271.485 is hereby amended to read as follows:

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


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

ê1995 Statutes of Nevada, Page 1023 (Chapter 409, AB 52)ê

 

      2.  Bonds [may be sold at a public or private sale:] must be sold in the manner prescribed in sections 2 to 11, inclusive, of this act:

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

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

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

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

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

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

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

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

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

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

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

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


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

ê1995 Statutes of Nevada, Page 1024 (Chapter 409, AB 52)ê

 

      Sec. 16.  The provisions of this act do not apply to any agreement for the sale of bonds entered into between an underwriter and a municipality before October 1, 1995. Any such agreement expires 6 years after the agreement is executed.

      Sec. 17.  Section 15 of this act becomes effective at 12:01 a.m. on October 1, 1995.

 

________

 

 

CHAPTER 410, AB 364

Assembly Bill No. 364–Committee on Judiciary

CHAPTER 410

AN ACT relating to court facilities; authorizing the collection of an administrative assessment in municipal courts and justices’ courts for the provision of court facilities; limiting the use of the proceeds to costs relating to the provision of court facilities; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 176 of NRS is hereby amended by adding thereto a new section to real as follows:

      1.  A county whose population is 400,000 or more or a city located within such a county, upon recommendation of the appropriate court, may, by ordinance, authorize the justices or judges of the justices’ or municipal courts within its jurisdiction to impose for not longer than 25 years, in addition to an administrative assessment imposed pursuant to NRS 176.059, an administrative assessment for the provision of court facilities.

      2.  Except as otherwise provided in subsection 3, in any jurisdiction in which an administrative assessment for the provision of court facilities has been authorized, when a defendant pleads or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum of $10 as an administrative assessment for the provision of court facilities and render a judgment against the defendant for the assessment.

      3.  The provisions of subsection 2 do not apply to:

      (a) An ordinance regulating metered parking; or

      (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

      4.  The money collected for an administrative assessment for the provision of court facilities must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for such an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it.


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

ê1995 Statutes of Nevada, Page 1025 (Chapter 410, AB 364)ê

 

remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.

      5.  If the justice or judge permits the fine and administrative assessment for the provision of court facilities to be paid in installments, the payments must be applied in the following order:

      (a) To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;

      (b) To pay the unpaid balance of an administrative assessment for the provision of court facilities pursuant to this section; and

      (c) To pay the fine.

      6.  The money collected for administrative assessments for the provision of court facilities in municipal courts must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall deposit the money received in a special revenue fund. The city may use the money in the special revenue fund only to:

      (a) Acquire land on which to construct additional facilities for the municipal courts or a regional justice center which includes the municipal courts.

      (b) Construct or acquire additional facilities for the municipal courts or a regional justice center which includes the municipal courts.

      (c) Renovate or remodel existing facilities for the municipal courts.

      (d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the municipal courts or a regional justice center which includes the municipal courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.

      (e) Acquire advanced technology for use in the additional renovated facilities.

      (f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the municipal courts or a regional justice center which includes the municipal courts.

Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the municipal general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      7.  The money collected for administrative assessments for the provision of court facilities in justices’ courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall deposit the money received to a special revenue fund. The county may use the money in the special revenue fund only to:

      (a) Acquire land on which to construct additional facilities for the justices’ courts or a regional justice center which includes the justices’ courts.


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

ê1995 Statutes of Nevada, Page 1026 (Chapter 410, AB 364)ê

 

      (b) Construct or acquire additional facilities for the justices’ courts or a regional justice center which includes the justices’ courts.

      (c) Renovate or remodel existing facilities for the justices’ courts.

      (d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of the existing facility for the justices’ courts or a regional justice center which includes the justices’ courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.

      (e) Acquire advanced technology for use in the additional or renovated facilities.

      (f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the justices’ courts or a regional justice center which includes the justices’ courts.

Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the county general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The county treasurer shall provide, upon request by a justice’s court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      8.  If money collected pursuant to this section is to be used to acquire land on which to construct a regional justice center, to construct a regional justice center or to pay debt service on bonds issued for these purposes, the county and the participating cities shall, by interlocal agreement, determine such issues as the size of the regional justice center, the manner in which the center will be used and the apportionment of fiscal responsibility for the center.

      Sec. 2.  This act becomes effective on July 1, 1995.

 

________


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

ê1995 Statutes of Nevada, Page 1027ê

 

CHAPTER 411, AB 383

Assembly Bill No. 383–Assemblyman Perkins (by request)

CHAPTER 411

AN ACT relating to employment in the entertainment industry; requiring security for the payment of wages of all persons employed in a production; expanding the definition of a “production”; making technical changes; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 608.300 is hereby amended to read as follows:

      608.300  As used in NRS 608.310 and 608.320, unless the context otherwise requires:

      1.  “Artist” means an actor, musician, dancer or athlete.

      2.  “Production” means a stage or screen production or a radio or television program using [actors, musicians, dancers or any other] artists and including the technical personnel used to create and produce it.

      [2.] 3.  “Producer-promoter” means a natural person [,] who, or a firm, association or corporation which , supervises or finances a production or [which] attempts to organize a production.

      Sec. 2.  NRS 608.310 is hereby amended to read as follows:

      608.310  1.  Except as otherwise provided in subsection 4, [any] a producer-promoter intending to do business in this state [shall] must obtain a permit from the labor commissioner.

      2.  An application for the permit required by subsection 1 [shall] must contain information concerning:

      (a) The applicant’s name and permanent address;

      (b) The financing for the production;

      (c) The type of production intended by the applicant, the number of artists , [and] technical personnel and other persons required for the production and where the applicant intends to exhibit the production; and

      (d) Such other information as the labor commissioner may require by regulation for the protection of persons associated with the entertainment industry.

      3.  The commissioner may by regulation require a reasonable fee for processing an application.

      4.  The provisions of this section do not apply to any producer-promoter who produces proof to the commissioner that he:

      (a) Has been in the business of a producer-promoter in this state for the 5-year period immediately preceding the filing of the application and has had no successful wage claim filed with the labor commissioner during [such] that period; [or]

      (b) Has sufficient tangible assets in this state which, if executed upon, would equal or exceed the amount of bond required [.] ; or

      (c) Holds a license to operate a nonrestricted gaming operation in this state.


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

ê1995 Statutes of Nevada, Page 1028 (Chapter 411, AB 383)ê

 

      Sec. 3.  NRS 608.320 is hereby amended to read as follows:

      608.320  [Any] A producer-promoter required by NRS 608.310 to obtain a permit from the labor commissioner [shall,] must, before being granted [any such] the permit, post a bond with the labor commissioner in the amount of at least twice the average weekly wages to be paid by [such applicant] the producer-promoter to persons to be employed in [such production. Such bond shall] the production. Except as otherwise provided in this subsection, the bond must be conditioned on the payment of [any] all wages due [any artists or] all artists, technical personnel and other persons employed in the production upon the cessation of [such] the production or upon the subrogation of another for the liabilities of [such] the producer-promoter, if [such] that subrogation is satisfactory to the labor commissioner. The bond need not be conditioned upon the payment of any wages due to the persons who are the celebrity headliners in the production or the executive personnel, managers or supervisors.

 

________

 

 

CHAPTER 412, AB 410

Assembly Bill No. 410–Assemblymen Williams, Arberry, Anderson, Freeman, Manendo, Bache, Buckley, de Braga, Krenzer, Segerblom, Perkins, Chowning and Schneider

CHAPTER 412

AN ACT relating to divorce; increasing the additional fee for the commencement of an action for divorce; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 19.033 is hereby amended to read as follows:

      19.033  1.  In each county, on the commencement of any action for divorce in the district court, the county clerk shall charge and collect, in addition to other fees required by law, a fee of [$15.] $20. The fee must be paid by the party commencing the action.

      2.  On or before the first Monday of each month, the county clerk shall pay over to the county treasurer an amount equal to all fees collected by him pursuant to subsection 1, and the county treasurer shall place that amount to the credit of the state general fund. Quarterly, the county treasurer shall remit all money so collected to the state treasurer, who shall place the money in an account in the state general fund for use by the director of the state job training office or, if the office is abolished by executive order, the director of the department of employment, training and rehabilitation to administer the provisions of NRS 388.605 to 388.655, inclusive.

      3.  The board of county commissioners of any county may impose by ordinance an additional filing fee of not more than $6 to be paid by the defendant in an action for divorce, annulment or separate maintenance. If a county where this fee has been imposed:


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

ê1995 Statutes of Nevada, Page 1029 (Chapter 412, AB 410)ê

 

      (a) on the appearance of a defendant in the action in the district court, the county clerk, in addition to any other fees provided by law, shall charge and collect from the defendant the prescribed fee to be paid upon the filing of the first paper in the action by the defendant.

      (b) On or before the fifth day of each month, the county clerk shall account for any pay to the county treasurer all fees collected during the preceding month pursuant to paragraph (a).

      Sec. 2.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 413, AB 414

Assembly Bill No. 414–Committee on Taxation

CHAPTER 413

AN ACT relating to taxation; requiring a school district to take certain actions to reduce the combined tax rate of another local government under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  Subsequent to the approval of the final budgets for the various local governments as defined in NRS 354.474 and their submission to the department, for examination and approval, the Nevada tax commission shall certify to the board of county commissioners of each of the several counties the combined tax rate necessary to produce the amount of revenue required by the approved budgets, and shall certify that combined rate, to each of the boards of county commissioners.

      2.  If the voters of a school district approve an additional levy of taxes ad valorem pursuant to NRS 387.3285 or 387.3287 or the issuance of bonds or other debt to be repaid by a levy of taxes ad valorem throughout the district, and the department finds for any fiscal year that the additional rate of tax required for this purpose, when added to the rates of taxes ad valorem authorized to be levied in the district by other local governments and the state for that fiscal year would cause the combined rate within the territory of any other local government to exceed the rate allowed by NRS 361.453, the department shall determine:

      (a) The amounts by which the proposed levies for all of the other local governments whose rates affect the territory have increased from the previous year; and

      (b) The portion of the amount by which the combined rate would exceed the rate allowed by NRS 361.453 that is directly attributable to the additional levy approved by the voters for the school district.

      3.  If the department determines that any portion of the amount by which the combined rate would exceed the rate allowed by NRS 361.453 is directly attributable to the additional levy approved by the voters for the school district, the school district shall:

 


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

ê1995 Statutes of Nevada, Page 1030 (Chapter 413, AB 414)ê

 

attributable to the additional levy approved by the voters for the school district, the school district shall:

      (a) Reduce for the fiscal year the amount levied pursuant to NRS 387.3285 or 387.3287, or both, if the proceeds of the levy are already committed for debt service, by the amount determined by the department to be directly attributable to the school district;

      (b) Transfer to the other local government whose rate overlaps in that territory an amount of money, determined by the department to be directly attributable to the school district, to reduce the combined rate to the rate allowed; or

      (c) Determine and implement a combination of the methods of reduction allowed by paragraphs (a) and (b) that will result in the reduction of the combined rate by the amount determined by the department to be directly attributable to the school district.

      4.  If a school district determines that it will proceed pursuant to paragraph (b) or (c) of subsection 3, the department shall calculate the transfers so as to minimize the total amount transferred, and each local government to which a transfer is made shall correspondingly reduce its rate and file a revised budget within the time allowed by subsection 6 of NRS 361.455. The amounts transferred must be paid in quarterly installments, within 30 days after each quarterly installment of property taxes is due.

      Sec. 2.  NRS 361.455 is hereby amended to read as follows:

      361.455  1.  [Subsequent to the approval of the final budgets for the various local governments as defined in NRS 354.474 and their submission to the department, for examination and approval, the Nevada tax commission shall certify to the board of county commissioners of each of the several counties the combined tax rate necessary to produce the amount of revenue required by the approved budgets, and shall certify that combined rate, to each of the boards of county commissioners.

      2.  Immediately] Unless individual tax rates are reduced pursuant to section 1 of this act, immediately upon adoption of the final budgets, if the combined tax rate together with the established state tax rate exceeds the limit imposed by NRS 361.453, the chairman of the board of county commissioners in each county concerned shall call a meeting of the governing boards of each of the local governments within the county for the purpose of establishing a combined tax rate that conforms to the statutory limit. The chairman shall convene the meeting no later than June 13 of each year.

      [3.] 2.  The governing boards of the local governments shall meet in public session and the county clerk shall keep appropriate records, pursuant to regulations of the department, of all proceedings. The costs of taking and preparing the record of the proceedings, including the costs of transcribing and summarizing tape recordings, must be borne by the county and participating incorporated cities in proportion to the final tax rate as certified by the department. The chairman of the board of county commissioners or his designee shall preside at the meeting. The governing boards shall explore areas of mutual concern so as to agree upon a combined tax rate that does not exceed the statutory limit.

      [4.] 3.  The governing boards shall determine final decisions by a unanimous vote of all entities present and qualified to vote, as defined in this subsection.


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

ê1995 Statutes of Nevada, Page 1031 (Chapter 413, AB 414)ê

 

subsection. No ballot may be cast on behalf of any governing board unless a majority of the individual board is present. A majority vote of all members of each governing board is necessary to determine the ballot cast for that entity. All ballots must be cast not later than the day following the day the meeting is convened. The district attorney is the legal adviser for such proceedings.

      [5.] 4.  The county clerk shall immediately thereafter advise the department of the results of the ballots cast and the tax rates set for local governments concerned. If the ballots for the entities present at the meeting in the county are not unanimous, the county clerk shall transmit all records of the proceedings to the department within 5 days after the meeting.

      [6.] 5.  If a unanimous vote is not obtained and the combined rate in any county together with the established state tax rate exceeds the statutory limit, the department shall examine the record of the discussions and the budgets of all local governments concerned. On June 25 or, if June 25 falls on a Saturday or Sunday, on the Monday next following, the Nevada tax commission shall meet to set the tax rates for the next succeeding year for all local governments so examined. In setting the tax rates for the next succeeding year the Nevada tax commission shall not reduce that portion of the proposed tax rate of the county school district for the operation and maintenance of public schools.

      [7.] 6.  Any local government affected by a rate adjustment, made in accordance with the provisions of this section, which necessitates a budget revision shall file a copy of its revised budget by July 30 next after the approval and certification of the rate by the Nevada tax commission.

      [8.] 7.  A copy of the certificate of the Nevada tax commission sent to the board of county commissioners must be forwarded to the county auditor.

      Sec. 3.  NRS 354.598 is hereby amended to read as follows:

      354.598  1.  At the time and place advertised for public hearing, or at any time and place to which the public hearing is from time to time adjourned, the governing body shall hold a public hearing on the tentative budget, at which time interested persons must be given an opportunity to be heard.

      2.  At the public hearing, the governing body shall indicate changes, if any, to be made in the tentative budget, and shall adopt a final budget by the favorable votes of a majority of all members of the governing body. Except as otherwise provided in this subsection, the final budget must be adopted on or before June 1 of each year. The final budgets of school districts must be adopted on or before June 8 of each year. Should the governing body fail to adopt a final budget that complies with the requirements of law and the regulations of the department of taxation on or before the required date, the budget adopted and approved by the department of taxation for the current year, adjusted as to content and rate in such a manner as the department of taxation may consider necessary, automatically becomes the budget for the ensuing fiscal year. When a budget has been so adopted by default, the governing body may not reconsider the budget without the express approval of the department of taxation. If the default budget creates a combined ad valorem tax rate in excess of the limit imposed by NRS 361.453, the Nevada tax commission shall adjust the budget as provided in NRS 361.455 [.] or section 1 of this act.


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

ê1995 Statutes of Nevada, Page 1032 (Chapter 413, AB 414)ê

 

      3.  The final budget must be certified by a majority of all members of the governing body and a copy of it, together with an affidavit of proof of publication of the notice of the public hearing, must be transmitted to the Nevada tax commission. If a tentative budget is adopted by default as provided in subsection 2, the clerk of the governing body shall certify the budget and transmit to the Nevada tax commission a copy of the budget, together with an affidavit of proof of the notice of the public hearing, if that notice was published. Certified copies of the final budget must be distributed as determined by the department of taxation.

      4.  Upon the adoption of the final budget or the amendment of the budget in accordance with NRS 354.606, the several amounts stated in it as proposed expenditures are appropriated for the purposes indicated in the budget.

      5.  No governing body may adopt any budget which appropriates for any fund any amount in excess of the budget resources of that fund.

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

 

________

 

 

CHAPTER 414, AB 438

Assembly Bill No. 438–Committee on Commerce

 

(Requested by Nevada Optometric Association)

CHAPTER 414

AN ACT relating to optometry; prohibiting an optometrist from administering or prescribing a therapeutic pharmaceutical agent without a certificate issued by the Nevada state board of optometry; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 636 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  “Therapeutic pharmaceutical agent” means a topical medication or an oral antibiotic approved by the Food and Drug Administration for the treatment of abnormalities of the eye or its appendages.

      Sec. 3.  An optometrist shall not administer or prescribe a therapeutic pharmaceutical agent unless he has obtained a certificate pursuant to section 5 of this act.

      Sec. 4.  The board shall adopt regulations which prescribe the requirements for certification to administer and prescribe therapeutic pharmaceutical agents pursuant to section 5 of this act. The requirements must include:

      1.  A license to practice optometry in this state;

      2.  The successful completion of the “Treatment and Management of Ocular Disease Examination” administered by the National Board of Examiners in Optometry on or after January 1, 1993, or an equivalent examination approved by the board; and


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

ê1995 Statutes of Nevada, Page 1033 (Chapter 414, AB 438)ê

 

      3.  The successful completion of not fewer than 40 hours of clinical training in administering and prescribing therapeutic pharmaceutical agents in a training program which is conducted by an ophthalmologist and approved by the board.

      Sec. 5.  The board shall provide to:

      1.  Each optometrist who has complied with the requirements adopted by the board pursuant to section 4 of this act, a certificate to administer and prescribe therapeutic pharmaceutical agents.

      2.  The state board of pharmacy the name of each optometrist it certifies pursuant to this section.

      Sec. 6.  NRS 636.015 is hereby amended to read as follows:

      636.015  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 636.016 to 636.023, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 7.  NRS 636.025 is hereby amended to read as follows:

      636.025  1.  The acts [hereinafter] enumerated in this section, or any of them, whether done severally, collectively or in combination with other acts not [hereinafter enumerated,] enumerated in this section constitute practice in optometry within the purview of this chapter:

      [1.] (a) Advertisement or representation as an optometrist.

      [2.] (b) Adapting, or prescribing or dispensing, without prescription by a licensed Nevada practitioner of optometry or medicine, any ophthalmic lens, frame or mounting, or any part thereof, for correction, relief or remedy of any abnormal condition or insufficiency of the eye or any appendage or visual process thereof. The provisions of this subsection [shall not be construed to] do not prevent an optical mechanic from doing the mere mechanical work of replacement or duplication of the ophthalmic lens [, nor shall the provisions hereof] or prevent a licensed dispensing optician from engaging in the practice of ophthalmic dispensing.

      [3.  Examination]

      (c) The examination of the human [eyes and appendages thereof;] eye and its appendages, the measurement of the powers or range of human vision [;] , the determination of the accommodative and refractive states of the eye or the scope of its function in general [;] or the diagnosis or determination of any visual, muscular, neurological, interpretative or anatomic anomalies or deficiencies of [eyes, or] the eye or its appendages or visual processes . [thereof.

      4.  Prescribing or]

      (d) Prescribing, directing the use of [,] or using any optical device in connection with ocular exercises, orthoptics or visual training.

      [5.] (e) The prescribing of contact lenses.

      [6.] (f) The measurement, fitting or adaptation of contact lenses to the human eye except under the direction and supervision of a physician, surgeon or optometrist licensed in the State of Nevada.

      [7.] (g) The topical use of diagnostic pharmaceutical agents to determine any visual, muscular, neurological, interpretative or anatomic anomalies or deficiencies of [eyes, appendages or visual processes.] the eye or its appendages or visual processes.

      (h) Prescribing, directing the use of or using a therapeutic pharmaceutical agent to treat an abnormality of the eye or its appendages.


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

ê1995 Statutes of Nevada, Page 1034 (Chapter 414, AB 438)ê

 

      (i) Removing a foreign object from the surface or epithelium of the eye.

      2.  The provisions of this section do not authorize an optometrist to engage in any practice which includes:

      (a) The incision or suturing of the eye or its appendages;

      (b) The use of lasers for surgical purposes; or

      (c) The treatment of glaucoma.

      Sec. 8.  NRS 636.260 is hereby amended to read as follows:

      636.260  1.  Before March 1 of each year, each licensee shall pay a renewal fee to the executive director in the amount specified in NRS 636.143. For the purposes of this subsection, the date of the postmark on any payment received by mail shall be deemed to be the date of receipt by the executive director.

      2.  The renewal fee must be accompanied by satisfactory evidence that the licensee has, within the immediately preceding 12-month period, completed the required number of hours in a course or courses of continuing education that have been approved by the board. This evidence must be indicated on the form for proof of completion of continuing education that is furnished by the board. The board shall not require a licensee to complete more than 24 hours of continuing education during each year. The board may waive the requirement that a licensee complete all or part of the required number of hours of continuing education upon good cause shown by the licensee.

      3.  A licensee who is certified to administer and prescribe therapeutic pharmaceutical agents pursuant to section 5 of this act must, at the time he pays the renewal fee, present evidence satisfactory to the executive director that, during the 12 months immediately preceding the payment of the renewal fee, he completed an educational or postgraduate program approved by the board. The board shall establish the number of hours for completion of the program which must be not less than 30 hours nor more than 50 hours.

      Sec. 9.  NRS 454.0095 is hereby amended to read as follows:

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

      Sec. 10.  NRS 454.00958 is hereby amended to read as follows:

      454.00958  “Practitioner” means:

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

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

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

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

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


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ê1995 Statutes of Nevada, Page 1035 (Chapter 414, AB 438)ê

 

      4.  An optometrist who is certified to prescribe and administer dangerous drugs pursuant to section 5 of this act when he prescribes or administers dangerous drugs which are within the scope of his certification.

      Sec. 11.  NRS 454.316 is hereby amended to read as follows:

      454.316  1.  Except as otherwise provided in this section, every person who possesses a dangerous drug, except that furnished to him by a pharmacist pursuant to a legal prescription or by a practitioner, is guilty of a gross misdemeanor. If the person has been twice previously convicted of any offense:

      (a) Described in this section; or

      (b) Pursuant to any other law of the United States or this or any other state or district which if committed in this state would have been punishable as an offense under this section,

he shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.

      2.  [No] A prescription is not required for possession of a dangerous drug by a person authorized by NRS 454.213, any other person or class of persons approved by the board pursuant to regulation, jobbers, wholesalers, manufacturers or laboratories authorized by laws of this state to handle, possess and deal in dangerous drugs if the drugs are in stock containers properly labeled and have been procured from a manufacturer, wholesaler of pharmacy, or by a rancher who possesses a dangerous drug in a reasonable amount for use solely in the treatment of livestock on his own premises.

      [3.  No prescription is required for an optometrist certified pursuant to NRS 636.382 to possess drugs which he is authorized to use pursuant to chapter 636 of NRS.]

      Sec. 12.  NRS 454.361 is hereby amended to read as follows:

      454.361  A conviction of the violation of any of the provisions of NRS 454.181 to 454.371, inclusive, constitutes grounds for the suspension or revocation of any license issued to such person [under any of] pursuant to the provisions of chapters 630, 631, 633, 635, 636, 638 or 639 of NRS.

      Sec. 13.  NRS 454.690 is hereby repealed.

________

 

 

CHAPTER 415, AB 489

Assembly Bill No. 489–Committee on Government Affairs

CHAPTER 415

AN ACT relating to land use; revising provisions governing actions against certain planning and zoning agencies; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 278.0233 is hereby amended to read as follows:

      278.0233  1.  Any person who has any right, title or interest in real property, and who has filed with the appropriate state or local agency an application for a permit which is required by statute or an ordinance, resolution or regulation adopted pursuant to NRS 278.010 to 278.630, inclusive, before that person may improve, convey or otherwise put that property to use, may bring an action against the agency to recover actual damages caused by:

 


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ê1995 Statutes of Nevada, Page 1036 (Chapter 415, AB 489)ê

 

application for a permit which is required by statute or an ordinance, resolution or regulation adopted pursuant to NRS 278.010 to 278.630, inclusive, before that person may improve, convey or otherwise put that property to use, may bring an action against the agency to recover actual damages caused by:

      (a) Any final action, decision or order of the agency which imposes requirements, limitations or conditions upon the use of the property in excess of those authorized by ordinances, resolutions or regulations adopted pursuant to NRS 278.010 to 278.630, inclusive, in effect on the date the application was filed, and which:

             (1) Is arbitrary or capricious; or

             (2) Is unlawful or exceeds lawful authority.

      (b) Any final action, decision or order of the agency imposing a tax, fee or other monetary charge that is not expressly authorized by statute or that is in excess of the amount expressly authorized by statute.

      (c) The failure of the agency to act on that application within the time for that action as limited by statute, ordinance or regulation.

      2.  [No action may] An action must not be brought under subsection 1:

      (a) Where the agency did not know, or reasonably could not have known, that its action, decision or order was unlawful or in excess of its authority.

      (b) Based on the invalidation of an ordinance, resolution or regulation in effect on the date the application for the permit was filed.

      (c) Where a lawful action, decision or order of the agency is taken or made to prevent a condition which would constitute a threat to the health, safety, morals or general welfare of the community.

      (d) Where the applicant agrees in writing to extensions of time concerning his application . [or]

      (e) Where the applicant agrees in writing or orally on the record during a hearing to the requirements, limitations or conditions imposed by the action, decision or order [.

      (e)] , unless the applicant expressly states in writing or orally on the record during the hearing that a requirement, limitation or condition is agreed to under protest and specifies which paragraph of subsection 1 provides cause for the protest.

      (f) For unintentional procedural or ministerial errors of the agency.

      [(f)] (g) Unless all administrative remedies have been exhausted.

      [(g)] (h) Against any individual member of the agency.

      [3.  Damages may not be recovered under subsection 1 for any diminution in the value of or damage to the real property.]

      Sec. 2.  NRS 278.0237 is hereby amended to read as follows:

      278.0237  1.  It is a complete defense to any action brought under NRS 278.0233 against a political subdivision of this state that the final action, decision or order complained of was required by federal or state law or by a regulation of a state agency which became effective after the date on which the application for a permit was filed.

      2.  The court may award reasonable attorney’s fees , court costs and interest to the prevailing party in an action brought under NRS 278.0233.

      3.  The remedy prescribed by NRS 278.0233 is in addition to any other remedy provided by law.


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

ê1995 Statutes of Nevada, Page 1037 (Chapter 415, AB 489)ê

 

      Sec. 3.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government which are related to the provisions of this act.

 

________

 

 

CHAPTER 416, SB 63

Senate Bill No. 63–Committee on Natural Resources

CHAPTER 416

AN ACT relating to hazardous wastes; broadening the authority of the state department of conservation and natural resources to regulate the disposal of hazardous wastes on or near the waters of the State of Nevada; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 445.287 is hereby amended to read as follows:

      445.287  1.  The department may issue, pursuant to NRS 445.291 [to 445.297, inclusive,] , 445.294 and 445.297, a written permit to an applicant for [such] that person to discharge, deposit, generate or dispose of any radioactive [, toxic or other waste underground in liquid or explosive form.] or hazardous waste.

      2.  As used in this section, “hazardous waste” has the meaning ascribed to it in NRS 459.430.

 

________

 

 

CHAPTER 417, SB 68

Senate Bill No. 68–Committee on Taxation

CHAPTER 417

AN ACT relating to the taxes on transfers of real property; exempting transfers made to a corporation sole from another corporation sole; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 375.090 is hereby amended to read as follows:

      375.090  The tax imposed by NRS 375.020 and 375.025 does not apply to:

      1.  Any transaction wherein an interest in real property is encumbered for the purposes of securing a debt.

      2.  A transfer of title to or from the United 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.


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

ê1995 Statutes of Nevada, Page 1038 (Chapter 417, SB 68)ê

 

      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;

      (b) The order specifies and itemizes the property which is ordered to be transferred or conveyed; and

      (c) The transfer or conveyance is made in obedience to the order.

      14.  A transfer to or from an educational foundation. As used in this subsection, “educational foundation” has the meaning ascribed to it in subsection 3 of NRS 388.750.

      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 NRS 396.405.

      16.  A transfer, assignment or other conveyance of real property to a corporation sole from another corporation sole. As used in this subsection, “corporation sole” means a corporation which is organized pursuant to the provisions of chapter 84 of NRS.


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

ê1995 Statutes of Nevada, Page 1039 (Chapter 417, SB 68)ê

 

“corporation sole” means a corporation which is organized pursuant to the provisions of chapter 84 of NRS.

      Sec. 2.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 418, SB 128

Senate Bill No. 128–Committee on Commerce and Labor

CHAPTER 418

AN ACT relating to employment practices; authorizing an employer to enter into an agreement with a former employee which prohibits certain competitive activities or the disclosure of certain information obtained during the course of employment; establishing the requirements for such agreements; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 613.200 is hereby amended to read as follows:

      613.200  [Any]

      1.  Except as otherwise provided in subsection 2, any person, association, company or corporation within this state, or any agent or officer on behalf of the person, association, company or corporation, who willfully does anything intended to prevent any person who for any cause left or was discharged from his or its employ from obtaining employment elsewhere in this state shall be punished by a fine of not more than $5,000. If a fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the labor commissioner.

      2.  The provisions of subsection 1 do not prohibit a person, association, company, corporation, agent or officer from negotiating, executing and enforcing an agreement with an employee of the person, association, company or corporation which, upon termination of the employment, prohibits the employee from:

      (a) Pursuing a similar vocation in competition with or becoming employed by a competitor of the person, association, company or corporation; or

      (b) Disclosing any trade secrets, business methods, lists of customers, secret formulas or processes or confidential information learned or obtained during the course of his employment with the person, association, company or corporation,

if the agreement is supported by valuable consideration and is otherwise reasonable in its scope and duration.

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

 

________


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ê1995 Statutes of Nevada, Page 1040ê

 

CHAPTER 419, SB 190

Senate Bill No. 190–Senator Jacobsen

CHAPTER 419

AN ACT relating to state property; requiring the establishment of a program pursuant to which certain state agencies may rent equipment and property from other agencies; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  Each using agency shall include with its annual inventory a report listing all of the equipment and property that the agency uses seasonally or intermittently which may be available for use by other agencies.

      2.  The report must be submitted on a form furnished by the purchasing division.

      3.  The chief of the purchasing division shall establish and administer a program pursuant to which a using agency may rent equipment and property from another using agency. The chief of the purchasing division shall, as part of the program:

      (a) Establish a list of equipment and property based on the reports filed by each using agency;

      (b) Determine which equipment and property is available for rental;

      (c) After consulting with each using agency with has equipment and property available for rental, establish a schedule of fees for the rental of such equipment and property; and

      (d) Distribute to each using agency:

             (1) A list of all equipment and property available for rental and the fees therefor; and

             (2) The procedure each using agency must follow in the rental of the equipment and property.

      4.  As used in this section, “using agency” has the meaning ascribed to it in NRS 333.020.

 

________


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ê1995 Statutes of Nevada, Page 1041ê

 

CHAPTER 420, SB 229

Senate Bill No. 229–Committee on Judiciary

CHAPTER 420

AN ACT relating to jurisdiction; providing specifically for personal service of summons in a civil action upon a party who is outside the State of Nevada; providing that such service is cumulative to other methods of service; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 14.065 is hereby amended to read as follows:

      14.065  1.  A court of this state may exercise jurisdiction over a party to a civil action on any basis not inconsistent with the constitution of this state or the Constitution of the United States.

      2.  Personal service of summons upon a party outside this state is sufficient to confer upon a court of this state jurisdiction over the party so served if the service is made by delivering a copy of the summons, together with a copy of the complaint, to the party served in the manner provided by statute or rule of court for service upon a person of like kind within this state.

      3.  The method of service provided in this section is cumulative, and may be utilized with, after or independently of other methods of service.

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

 

________

 

 

CHAPTER 421, SB 272

Senate Bill No. 272–Committee on Taxation

CHAPTER 421

AN ACT relating to taxation; establishing a fee for the issuance and renewal of a certificate of compliance to suppliers of liquor located outside of this state; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 369.150 is hereby amended to read as follows:

      369.150  1.  The department is charged with the duty of administering the provisions of this chapter.

      2.  The department shall:

      (a) Prescribe and cause to be printed and issued free of charge all forms for applications and reports.

      (b) [Issue] Except as otherwise provided in NRS 369.430, issue free of charge all certificates and permits.

      (c) Adopt and enforce all rules, regulations and standards necessary or convenient to carry out the provisions of this chapter.


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

ê1995 Statutes of Nevada, Page 1042 (Chapter 421, SB 272)ê

 

      Sec. 2.  NRS 369.430 is hereby amended to read as follows:

      369.430  1.  By regulation, the department shall prescribe the form of application for and the form of a certificate of compliance, which must be printed and distributed to exporters of liquor into this state to assist them in legally exporting liquor into this state.

      2.  An intending importer may not legally receive or accept any shipment of liquor except from a holder of a certificate of compliance.

      3.  The department shall grant a certificate of compliance to any out-of-state vendor of liquors who undertakes in writing:

      (a) To furnish the department on or before the 10th day of each month a report under oath showing the quantity and type of liquor sold and shipped by the vendor to each licensed importer of liquor in Nevada during the preceding month;

      (b) That he and all his agents and any other agencies controlled by him will comply faithfully with all laws of this state and all regulations of the department respecting the exporting of liquor into this state;

      (c) That he will make available for inspection and copying by the department any books, documents and records, whether within or outside this state, which are pertinent to his activities or the activities of his agents or any other agencies controlled by him within this state and which relate to the sale and distribution of his liquors within the state; and

      (d) That he will appoint a resident of this state as his agent for service of process or any notice which may be issued by the department.

      4.  If any holder of a certificate of compliance fails to keep any undertaking or condition made or imposed in connection therewith, the department may suspend the certificate and conduct a hearing, giving the holder thereof a reasonable opportunity to appear and be heard on the question of vacating the suspension order or order finally revoking the certificate.

      5.  [No fee may be charged for any] An applicant for a certificate of compliance [, but] must pay a fee of $50 to the department for the certificate . On or before July 1 of each year, the certificate holder must [be renewed annually, subject to] renew the certificate by satisfying the conditions of the original certificate [, on or before July 1 of each year.] and paying a fee of $50 to the department.

      Sec. 3.  This act becomes effective on July 1, 1995.

 

________


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

ê1995 Statutes of Nevada, Page 1043ê

 

CHAPTER 422, SB 340

Senate Bill No. 340–Senator Jacobsen

CHAPTER 422

AN ACT relating to motor vehicles; establishing a procedure for the consignment of a vehicle to a wholesale vehicle auctioneer; requiring the department of motor vehicles and public safety to provide a form to be used by a transferor of a motor vehicle to designate his transferee as his attorney in fact for the purpose of disclosing the odometer reading of the vehicle and certain other information; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.400 is hereby amended to read as follows:

      482.400  1.  Except as otherwise provided in subsection [3,] 4, upon a transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of ownership under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of ownership issued for [such] the vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate.

      2.  [Immediately thereafter] Except as otherwise provided in subsections 3 and 4, the transferee shall immediately apply for registration as provided in NRS 482.215, and shall pay the privilege taxes due.

      3.  If the transferee is a dealer who intends to resell the vehicle, he shall deliver immediately to the department or its agent the certificate of registration and the license plate or plates for [such] the vehicle. When the vehicle is resold, the purchaser shall apply for registration as provided in NRS 482.215, and shall pay the privilege taxes due. The dealer [shall not be] is not required to register, pay a transfer or registration fee for, or pay a privilege tax on any such vehicle.

      4.  If the transferee consigns the vehicle to a wholesale vehicle auctioneer:

      (a) The transferee shall, within 30 days after that consignment, provide the wholesale vehicle auctioneer with the certificate of ownership for the vehicle, executed as required by subsection 1, and any other documents necessary to obtain another certificate of ownership for the vehicle.

      (b) The wholesale vehicle auctioneer shall be deemed a transferee of the vehicle for the purposes of subsection 3. The wholesale vehicle auctioneer is not required to comply with subsection 1 if he:

             (1) Does not take an ownership interest in the vehicle;

             (2) Auctions the vehicle to a vehicle dealer or automobile wrecker licensed as such in this or any other state; and

             (3) Stamps his name, his identification number as a vehicle dealer and the date of the auction on the certificate of ownership and the bill of sale and any other documents of transfer for the vehicle.

      5.  For the purposes of this section, “wholesale vehicle auctioneer” means a dealer who:


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

ê1995 Statutes of Nevada, Page 1044 (Chapter 422, SB 340)ê

 

      (a) Is engaged in the business of auctioning consigned motor vehicles to vehicle dealers or automobile wreckers, or both, who are licensed as such in this or any other state; and

      (b) Does not in the ordinary course of his business buy, sell or own vehicles he auctions.

      Sec. 2.  NRS 482.415 is hereby amended to read as follows:

      482.415  1.  Whenever application [shall be] is made to the department for registration of a vehicle previously registered [under] pursuant to this chapter and the applicant is unable to present the certificate of registration or ownership previously issued for [such vehicle by reason of the same being lost or] the vehicle because the certificate of registration or ownership is lost, unlawfully detained by one in possession or [the same is] otherwise not available, the department [is authorized to receive such application and to examine into] may receive the application, investigate the circumstances of the case and [may] require the filing of affidavits or other information. When the department is satisfied that the applicant is entitled [thereto,] to new certificates of registration and ownership, it may register [such] the applicant’s vehicle and issue new certificates [of ownership and registration] and a new license plate or plates to the person or persons [found to be] entitled thereto.

      2.  Whenever application is made to the department for the registration of a motor vehicle of which the:

      (a) Ownership has been transferred;

      (b) Certificate of ownership is lost, unlawfully detained by one in possession or otherwise not available; and

      (c) Model year is 9 years old or newer,

the transferor of the motor vehicle may, for the purpose of furnishing any information required by the department to carry out the provisions of section 1 of Senate Bill No. 119 of this session, designate the transferee of the motor vehicle as his attorney in fact on a form for a power of attorney provided by the department.

      3.  The department shall provide the form described in subsection 2. The form must be:

      (a) Produced in a manner that ensures that the form may not be easily counterfeited; and

      (b) Substantially similar to the form set forth in Appendix E of Part 580 of Title 49 of the Code of Federal Regulations.

      4.  The department may charge a fee not to exceed 50 cents for each form it provides.

 

________


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

ê1995 Statutes of Nevada, Page 1045ê

 

CHAPTER 423, SB 349

Senate Bill No. 349–Committee on Taxation

CHAPTER 423

AN ACT relating to transportation; providing that a regional transportation commission may be designated as a metropolitan planning organization pursuant to federal law; expanding the services that may be provided by a public transit system in certain counties; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 373 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A commission may be designated as a metropolitan planning organization pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.

      2.  If a commission is designated as metropolitan planning organization, the commission shall carry out the duties prescribed by federal law for a metropolitan planning organization in addition to any other duties required by specific statute.

      Sec. 2.  Chapter 377A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a public transit system in a county whose population is 400,000 or more may, in addition to providing local transportation within the county and the services described in NRS 377A.130, provide:

      (a) Programs to reduce or manage motor vehicle traffic; and

      (b) Any other services for public mass transportation which are requested by the general public,

if those additional services are included and described in a long-range plan adopted pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.

      2.  Before a regional transportation commission may provide for on-call public mass transportation in an area of the county, the commission must receive a determination from the public service commission of Nevada and the taxicab authority that:

      (a) There are no common motor carriers of passengers who are authorized to provide on-call operations for transporting passengers in that area; or

      (b) Although there are common motor carriers of passengers who are authorized to provide on-call operations for transporting passengers in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, those operations.

      3.  As used in this section:

      (a) “Common motor carrier of passengers” has the meaning ascribed to it in NRS 706.041.

      (b) “On-call public mass transportation” means a system established to transport by vehicle passengers who request such transportation on demand.

 

________


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

ê1995 Statutes of Nevada, Page 1046ê

 

CHAPTER 424, SB 378

Senate Bill No. 378–Committee on Transportation

CHAPTER 424

AN ACT relating to motor vehicles; prohibiting a person from knowingly operating a motor vehicle which contains a part which has an altered identification number; prohibiting a person from intentionally defacing, destroying or altering the identification number of a part of a motor vehicle; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.540 is hereby amended to read as follows:

      482.540  1.  Any police officer, without a warrant, may seize and take possession of any vehicle [which] :

      (a) Which is being operated with improper registration [, or which] ;

      (b) Which the officer has probable cause to believe has been stolen [, or on] ;

      (c) On which any motor number, manufacturer’s number or identification mark has been defaced, altered or obliterated [.] ; or

      (d) Which contains a part on which was placed or stamped by the manufacturer pursuant to federal law or regulation an identification number or other distinguishing number or mark that has been defaced, altered or obliterated.

      2.  As used in this section “police officer” means:

      (a) Any officer of the Nevada highway patrol;

      (b) Any investigator of the bureau of enforcement of the registration division of the department;

      (c) Sheriffs of counties and of metropolitan police departments and their deputies; and

      (d) Marshals and policemen of cities and towns.

      Sec. 2.  NRS 482.545 is hereby amended to read as follows:

      482.545  It is unlawful for any person to commit any of the following acts:

      1.  To operate, or for the owner thereof knowingly to permit the operation of, upon a highway any motor vehicle, trailer or semitrailer which is not registered or which does not have attached thereto and displayed thereon the number of plate or plates assigned thereto by the department for the current period of registration or calendar year, subject to the exemption allowed in NRS 482.316 to 482.3175, inclusive, 482.320 to 482.363, inclusive, 482.385 to 482.3965, inclusive, and 482.420.

      2.  To display, cause or permit to be displayed or to have in possession any certificate of registration, license plate, certificate of ownership or other document of title knowing it to be fictitious or to have been canceled, revoked, suspended or altered.

      3.  To lend to or knowingly permit the use of by one not entitled thereto any registration card or plate issued to the person so lending or permitting the use thereof.

      4.  To fail or to refuse to surrender to the department, upon demand, any registration card or plate which has been suspended, canceled or revoked as provided in this chapter.


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

ê1995 Statutes of Nevada, Page 1047 (Chapter 424, SB 378)ê

 

      5.  To use a false or fictitious name or address in any application for the registration of any vehicle or for any renewal or duplicate thereof, or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in an application. A violation of this subsection is a gross misdemeanor.

      6.  Knowingly to operate a vehicle which [has] :

      (a) Has an altered vehicle identification number, serial number, motor number, other distinguishing number or identification mark required for registration [.] ; or

      (b) Contains a part which has an altered identification number or other distinguishing number or identification mark which was placed or stamped on the part by the manufacturer pursuant to federal law or regulation.

      Sec. 3.  NRS 482.553 is hereby amended to read as follows:

      482.553  1.  [No] A person shall not intentionally deface, destroy or alter the motor number, other distinguishing number or identification mark of a vehicle required or employed for registration purposes or the identification number or other distinguishing number or identification mark of a part of a motor vehicle which was placed or stamped on that part by the manufacturer pursuant to federal law or regulation without written authorization from the department, nor shall any person place or stamp any serial, motor or other number or mark upon a vehicle or the parts thereof except one assigned thereto by the department.

      2.  This section does not prohibit the restoration by an owner of the original vehicle identification number when the restoration is authorized by the department, nor prevent any manufacturer from placing in the ordinary course of business numbers or marks upon new motor vehicles or new parts thereof.

      3.  The department shall assign serial numbers to all homemade vehicles, and the serial numbers must be placed:

      (a) If an open trailer, on the left-hand side of the tongue of the trailer.

      (b) If an enclosed vehicle, on the pillar post for the left-hand door hinge, or if such placement is not appropriate, then on the left-hand side of the fire wall, under the hood.

      4.  Any person who violates any provisions of subsection 1 is guilty of a gross misdemeanor.

 

________


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

ê1995 Statutes of Nevada, Page 1048ê

 

CHAPTER 425, SB 422

Senate Bill No. 422–Committee on Commerce and Labor

CHAPTER 425

AN ACT relating to landscape architects; revising the requirements for the renewal of an expired certificate; revising the fees charged by the board of landscape architecture; revising the procedure for the investigation of complaints filed with the board; authorizing the board to impose a civil penalty under certain circumstances; providing that all advertising by or business cards of a certificate holder must include the number of his certificate; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 623A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4.5, inclusive, of this act.

      Sec. 2.  All proceedings after the filing of a complaint are confidential, except to the extent necessary for the conduct of an investigation, until the board makes a determination to proceed with disciplinary action. If the board dismisses the complaint, the proceedings must remain confidential. If the board proceeds with disciplinary action, confidentiality concerning the proceedings is not required.

      Sec. 3.  1.  When a complaint is filed with the executive director of the board, it must be considered by the president of the board or a member of the board designated by him. If it appears to the president or the person designated by him that further proceedings are warranted, he shall report the results of his investigation together with his recommendation to the board in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint.

      2.  The board shall promptly make a determination with respect to each complaint reported to it by the president or a person designated by him and shall dismiss the complaint or cause written notice of the charges in the complaint and the date fixed for the hearing to be served upon the person.

      Sec. 4.  1.  In addition to any other penalty provided by law, a person who violates any provision of this chapter or any regulation adopted by the board is subject to a civil penalty of not more than $5,000 for each violation. Any such penalty must be imposed by the board at a hearing for which notice has been given pursuant to section 3 of this act.

      2.  If a person does not pay a civil penalty imposed pursuant to subsection 1 within 60 days after the order of the board becomes final, the order may be executed in the same manner as a judgment issued by a court.

      Sec. 4.5.  All advertising by or business cards of a certificate holder must include the number of his certificate.

      Sec. 5.  NRS 623A.060 is hereby amended to read as follows:

      623A.060  The “practice of landscape architecture” consists of holding out to the public, [and] or rendering, services for consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications and supervision where the dominant purpose of the services is for the:

      1.  Preservation enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and esthetic values, natural drainage, and the settings and approaches to buildings, structures, facilities and other improvements; and

 


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

ê1995 Statutes of Nevada, Page 1049 (Chapter 425, SB 422)ê

 

natural drainage, and the settings and approaches to buildings, structures, facilities and other improvements; and

      2.  Consideration and determination of [inherent problems] issues of the land relating to erosion, wear and tear, lighting characteristics, and design of landscape irrigation, lighting and grading.

“Practice of landscape architecture” includes the location and arrangement of such tangible objects , structures and features as are incidental and necessary to this dominant purpose, but does not include the design of structures or facilities with separate and self-contained purposes for habitation or industry, whose design is normally included in the practice of architecture or professional engineering.

      Sec. 6.  NRS 623A.070 is hereby amended to read as follows:

      623A.070  1.  This chapter does not apply to:

      [1.] (a) Owners of property who make plans, specifications or drawings for their own property.

      [2.] (b) Any person engaged in the practice of architecture who is registered pursuant to chapter 623 of NRS.

      [3.] (c) A contractor licensed pursuant to chapter 624 of NRS who provides his own drawings for his own construction activities.

      [4.] (d) Any person [engaged in the practice of professional engineering] who is registered as a civil engineer pursuant to chapter 625 of NRS.

      [5.  Any person who designs irrigation systems if the irrigation design incorporates only nonesthetic irrigation design.

      6.] (e) Any person who designs, manufactures or sells irrigation equipment and provides instructions pertaining to the mechanical erection and installation of the equipment but does not install the equipment.

      2.  Any person exempted by the provisions of this section is not thereby absolved from any civil or criminal liability that might otherwise accrue.

      3.  The exemptions provided by this section do not entitle any person who does not hold a certificate to practice landscape architecture to hold himself out to the public or advertise himself as a landscape architect.

      Sec. 7.  NRS 623A.100 is hereby amended to read as follows:

      623A.100  1.  At each annual meeting of the board, the members shall:

      (a) Elect one member as president; and

      (b) Appoint [a secretary.] an executive director.

      2.  The [secretary] executive director may be a member of the board and is entitled to a salary fixed by the board.

      3.  The [secretary] executive director shall:

      (a) Keep an accurate record of all proceedings of the board;

      (b) Have custody of the official seal; and

      (c) Maintain a file containing the names and addresses of all certificate holders.

      Sec. 8.  NRS 623A.110 is hereby amended to read as follows:

      623A.110  1.  The board shall meet at least once each calendar quarter for the purpose of transacting its regular business and may meet at any other time as the board designates.

      2.  Special meetings of the board must be called by the [secretary] executive director upon the written request of any member, by giving 20 days’ written notice of the meeting and the time and place the meeting is to be held to each member of the board.


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

ê1995 Statutes of Nevada, Page 1050 (Chapter 425, SB 422)ê

 

written notice of the meeting and the time and place the meeting is to be held to each member of the board.

      3.  Three members of the board constitute a quorum.

      Sec. 9.  NRS 623A.140 is hereby amended to read as follows:

      623A.140  The board may:

      1.  Grant or refuse certificates after examination and revoke or suspend a certificate or take any other disciplinary action set forth in NRS 623A.270 for any of the causes specified in this chapter.

      2.  Take depositions and issue subpoenas for the purpose of any hearing authorized by this chapter.

      3.  Establish reasonable educational requirements for applicants.

      4.  Establish requirements for approval of schools of landscape architecture.

      Sec. 10.  NRS 623A.150 is hereby amended to read as follows:

      623A.150  [All moneys]

      1.  All money coming into the possession of the board [shall] must be kept or deposited by the [secretary] executive director in banks or savings and loan associations in the State of Nevada . [to be expended for payment of compensation and expenses of board members and for other necessary or proper purposes in the administration of this chapter.]

      2.  Except as otherwise provided in subsection 6, all money collected by the board must be used to pay the expenses of examinations, expenses of the issuance of certificates and expenses to conduct the business of the board.

      3.  The expenses, including the per diem allowances and travel expenses of the members and employees of the board while engaged in the business of the board and the expenses to conduct examinations, must be paid from the current receipts. No portion thereof may be paid from the state treasury.

      4.  Any balance remaining in excess of the expenses incurred may be retained by the board and used to defray the future expenses of the board.

      5.  The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in banks or savings and loan associations in this state.

      6.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 5 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 11.  NRS 623A.180 is hereby amended to read as follows:

      623A.180  1.  The board shall approve or disapprove each application. If the board is satisfied that the information contained in the application is true, and that the applicant is qualified to take the examination and has paid the [required] examination fee, it shall approve the application.

      2.  Whenever the board approves an application, the [secretary] executive director shall promptly notify the applicant in writing of [such] the approval and of the time and place of the examination, if required.


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

ê1995 Statutes of Nevada, Page 1051 (Chapter 425, SB 422)ê

 

      3.  Whenever the board disapproves an application, the [secretary] executive director shall promptly notify the applicant of the disapproval, stating the reasons therefor.

      Sec. 12.  NRS 623A.200 is hereby amended to read as follows:

      623A.200  1.  Certificates expire on June 30 next following the date of issuance.

      2.  Certificates may be renewed for 1 year from each succeeding July 1, upon payment of the annual renewal fee.

      3.  A [license] certificate which has expired for failure to pay the annual renewal fee may be reinstated by the board without examination within 3 years after the date the certificate expires upon payment of the [lapsed] delinquent renewal fee, in addition to the annual renewal fee [, within 5 years after the date of expiration.] for each year, or part thereof, the certificate is not renewed.

      Sec. 13.  NRS 623A.210 is hereby amended to read as follows:

      623A.210  1.  If a certificate has not been renewed within [5 years of] 3 years after its expiration, the certificate holder may apply for and obtain a new certificate if:

      (a) He is otherwise eligible;

      (b) He pays all fees required by this chapter; and

      (c) He takes and passes the examination or establishes to the satisfaction of the board that he is qualified to practice landscape architecture.

      2.  The board may waive all or part of the examination fee if the applicant is not required to take the examination.

      Sec. 14.  NRS 623A.220 is hereby amended to read as follows:

      623A.220  1.  A suspended certificate expires unless it is renewed by the certificate holder. The renewal does not entitle the holder to engage in the practice of landscape architecture until the expiration of the suspension period or until the certificate is reinstated by the board.

      2.  A revoked certificate expires and is not subject to renewal. If the certificate is reinstated after its expiration, the certificate holder shall pay a reinstatement fee [in an amount equal to the renewal fee and a delinquency fee.] as prescribed in NRS 623A.240.

      Sec. 15.  NRS 623A.230 is hereby amended to read as follows:

      623A.230  1.  A certificate holder shall notify the [secretary] executive director of any change of address of his business and if the certificate has been lost, stolen, destroyed or mutilated.

      2.  The [secretary] executive director shall issue a duplicate certificate in accordance with regulations established by the board upon application and payment of the fee.

      Sec. 16.  NRS 623A.240 is hereby amended to read as follows:

      623A.240  1.  The following fees must be prescribed by the board and must not exceed the following amounts:


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

ê1995 Statutes of Nevada, Page 1052 (Chapter 425, SB 422)ê

 

Application fee..............................................................................    $200.00

Examination fee...............................................................................     [$250.00

Re-examination fee............................................................. 250.00]     100.00,

                                                                                               plus the actual

                                                                                                   cost of the

                                                                                                 examination

Certificate of registration..............................................................       [160.00

Renewal fee......................................................................... 160.00]        25.00

Annual renewal fee.......................................................................       200.00

Reinstatement fee............................................................. [160.00]      300.00

Delinquency fee................................................................ [100.00]        50.00

Change of address fee......................................................... [5.00]        10.00

Copy of a document, per page.....................................................              .25

 

      2.  In addition to the fees set forth in subsection 1, the board may charge and collect a fee for any other service it provides. The fee must not exceed the cost incurred by the board to provide the service.

      Sec. 17.  NRS 623A.270 is hereby amended to read as follows:

      623A.270  The board may [suspend] :

      1.  Suspend or revoke [certificates already issued, refuse renewals of certificates or take other less severe disciplinary action] a certificate;

      2.  Refuse to renew a certificate;

      3.  Place a certificate holder on probation;

      4.  Issue a reprimand to a certificate holder;

      5.  Impose upon a certificate holder a fine of not more than $5,000 for each violation of this chapter;

      6.  Require a certificate holder to pay restitution;

      7.  Require a certificate holder to pay the costs of an investigation or prosecution; or

      8.  Take such other disciplinary action as the board deems appropriate,

if the certificate holder has committed [an act or acts] any act set forth in NRS 623A.280.

      Sec. 18.  NRS 623A.280 is hereby amended to read as follows:

      623A.280  The following acts, among others, constitute cause for disciplinary action:

      1.  A certificate holder has signed or sealed instruments of service which were not prepared by him or under his immediate supervision.

      2.  A certificate holder has permitted the use of his signature or seal by another person [for the purpose of evading] to evade the provisions of this chapter [.] or any regulation adopted by the board.

      3.  A certificate holder has not signed, sealed or dated instruments of service prepared by the certificate holder.

      4.  A certificate holder impersonates a landscape architect of the same or similar name.

      5.  A certificate holder is practicing under an assumed, fictitious or corporate name.

      6.  A certificate holder is practicing landscape architecture in violation of the provisions of this chapter [.] or any regulation adopted by the board.


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

ê1995 Statutes of Nevada, Page 1053 (Chapter 425, SB 422)ê

 

      7.  A certificate holder has obtained his certificate by fraud or misrepresentation.

      8.  A certificate holder is guilty of fraud or deceit in the practice of landscape architecture.

      9.  A certificate holder is guilty of negligence, willful misconduct or gross incompetence.

      10.  A certificate holder is convicted of [any felony.] , or enters a plea of nolo contendere to:

      (a) Any felony; or

      (b) Any crime, an essential element of which is dishonesty, or which is directly related to the practice of landscape architecture.

      11.  A certificate holder is guilty of aiding or abetting any person in the violation of the provisions of this chapter or any regulation adopted by the board.

      12.  A person is practicing as a landscape architect with a certificate which has expired or has been suspended or revoked.

      13.  A certificate holder is disciplined by an agency of another state or foreign country which regulates the practice of landscape architecture and at least one of the grounds for the disciplinary action taken is a ground for disciplinary action pursuant to this chapter.

      Sec. 19.  NRS 623A.290 is hereby amended to read as follows:

      623A.290  1.  [A complaint may be made against a certificate holder by the board, any aggrieved person or by any other certificate holder, charging one or more of the causes for which the certificate may be revoked or suspended with such particularity as to enable the defendant certificate holder to prepare a defense thereto.] The board, any one of the members of the board or any other person who becomes aware that any one or more of the grounds for initiating disciplinary action may exist as to a certificate holder to practice landscape architecture may file a complaint specifying the relative facts with the executive director of the board.

      2.  A complaint [shall] must be made in writing and be signed and verified by the person making it. [The original complaint and two copies shall be filed with the secretary.]

      Sec. 20.  NRS 623A.310 is hereby amended to read as follows:

      623A.310  1.  The hearing of a complaint [shall] must be conducted by the board. The defendant certificate holder is entitled to appear in person and by legal counsel and [shall] must be given adequate opportunity to confront the witnesses against him, to testify and introduce the testimony of witnesses in his behalf, and to submit argument and briefs in person or by his counsel.

      2.  The failure of the person named in the complaint to attend his hearing or to defend himself must not delay or void the proceedings.

      3.  The board may, for good cause shown, continue any hearing.

      4.  Upon conclusion of the hearing or as soon as practicable thereafter, the board shall make and announce its decision.

      Sec. 21.  NRS 623A.330 is hereby amended to read as follows:

      623A.330  If the board grants a rehearing, the [secretary] executive director shall immediately notify the certificate holder of the date and place which the board has fixed for the rehearing, which date [shall] must not be less than 10 days thereafter. The hearing [shall] must be conducted in the same manner as the former hearing.


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

ê1995 Statutes of Nevada, Page 1054 (Chapter 425, SB 422)ê

 

as the former hearing. Upon conclusion thereof, or as soon as practicable thereafter, the board shall make and announce its decision.

      Sec. 22.  NRS 623A.360 is hereby amended to read as follows:

      623A.360  Any person who:

      1.  Violates any of the provisions of this chapter;

      2.  Having had his certificate suspended or revoked, continues to represent himself as a landscape architect;

      3.  Engages in the practice of landscape architecture without holding a certificate issued by the board; or

      4.  Uses the title or term “landscape architect [”] ,” “landscape designer” or any other title or term indicating or implying that he is a landscape architect in any sign, card, listing, advertisement or in any other manner without holding a certificate issued by the board,

is guilty of a misdemeanor.

      Sec. 23.  NRS 623A.370 is hereby amended to read as follows:

      623A.370  A violation of this chapter by a person unlawfully representing himself as a landscape architect or engaging in the practice of landscape architecture without holding a certificate issued by the board may be enjoined by a district court on petition by the president of the board in the name of the board. In any such proceeding it is not necessary to show that any person is individually injured. If the respondent is found guilty of unlawfully representing himself as a landscape architect [,] or engaging in the practice of landscape architecture without holding a certificate issued by the board, the court shall enjoin him from continuing [such representation.] that representation or practice. The procedure in such cases [shall] must be the same as in any other application for an injunction. The remedy by injunction is in addition to any criminal prosecution and punishment or any disciplinary action by the board.

      Sec. 24.  NRS 623A.300 is hereby repealed.

 

________

 

 

CHAPTER 426, SB 424

Senate Bill No. 424–Committee on Judiciary

CHAPTER 426

AN ACT relating to deposits of money; revising the provisions governing deposits held in joint tenancy; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 100.085 is hereby amended to read as follows:

      100.085  1.  When a deposit has been made in the name of the depositor and one or more other persons, and in a form intended to be paid or delivered to any one of them, or the survivor or survivors of them, the deposit is the property of the persons as joint tenants. [The money or property shall be held for the exclusive use of] If an account is intended to be held in joint tenancy, the account or proceeds from the account are owned by the persons named, and may be paid or delivered to any of them during the lifetime of all, or to the survivor or survivors of them after the death of [the depositor,] less than all of the tenants, or the last of them to survive, and payment or delivery is a valid and sufficient release and discharge of the depository.


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

ê1995 Statutes of Nevada, Page 1055 (Chapter 426, SB 424)ê

 

and may be paid or delivered to any of them during the lifetime of all, or to the survivor or survivors of them after the death of [the depositor,] less than all of the tenants, or the last of them to survive, and payment or delivery is a valid and sufficient release and discharge of the depository.

      2.  The making of a deposit in the form of a joint tenancy vests title to the deposit in the survivor or survivors.

      3.  When a deposit has been made in the name of the depositor and one or more other persons, and in a form to be paid or delivered to the survivor or survivors of them, but one or more of the other persons is not authorized to withdraw from the deposit during the life of the depositor or depositors, the person or persons so restricted have no present interest in the deposit, but upon the death of the last depositor entitled to withdraw, the deposit is presumed to belong to the survivor or survivors. Unless written notice of a claim against the deposit has been given by a survivor or a third person before payment or delivery, payment or delivery to a survivor is a valid and sufficient release and discharge of the depository.

      4.  For the purposes of this section, unless a depositor specifically provides otherwise, the use by the depositor of any of the following words or terms in designating the ownership of an account indicates the intent of the depositor that the account be held in joint tenancy:

      (a) Joint;

      (b) Joint account;

      (c) Jointly held;

      (d) Joint tenants;

      (e) Joint tenancy; or

      (f) Joint tenants with right of survivorship.

 

________

 

 

CHAPTER 427, SB 473

Senate Bill No. 473–Committee on Government Affairs

CHAPTER 427

AN ACT relating to county improvements; authorizing the board of county commissioners in certain counties to impose a surcharge on telephone services for the enhancement of the telephone systems for reporting emergencies in those counties; requiring a board of county commissioners which imposes the surcharge to create a committee to develop a plan for the enhancement of the telephone system for reporting an emergency in that county; requiring telephone companies and suppliers of mobile telephone service to collect the surcharge from their customers; authorizing those companies and suppliers to retain a portion of the surcharge as a fee for collecting the surcharge; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 244A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.


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

ê1995 Statutes of Nevada, Page 1056 (Chapter 427, SB 473)ê

 

      Sec. 2.  As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, “mobile telephone service” and “supplier” have the meanings ascribed to them in NRS 205.505.

      Sec. 3.  1.  The board of county commissioners in a county whose population is more than 100,000 but less than 400,000 may, by ordinance, impose a surcharge on:

      (a) Each access line or trunk line of each customer to the local exchange of any telephone company providing those lines in the county; and

      (b) The mobile telephone service provided to each customer of that service who resides in the county,

for the enhancement of the telephone system for reporting an emergency in the county.

      2.  The surcharge imposed by a board of county commissioners pursuant to subsection 1:

      (a) For each access line to the local exchange of a telephone company, must not exceed 25 cents each month;

      (b) For each trunk line to the local exchange of a telephone company, must equal 10 times the amount of the surcharge imposed for each access line to the local exchange of a telephone company pursuant to paragraph (a); and

      (c) For each telephone number assigned to a customer by a supplier of mobile telephone service, must equal the amount of the surcharge imposed for each access line to the local exchange of a telephone company pursuant to paragraph (a).

      3.  A telephone company which provides access lines or trunk lines in a county which imposes a surcharge pursuant to this section or a supplier which provides mobile telephone service to a customer in such a county, shall collect the surcharge from its customers each month. Except as otherwise provided in section 5 of this act, the telephone company or supplier shall remit the surcharge it collects to the treasurer of the county where the surcharge is imposed not later than the 15th day of the month after the month it receives payment of the surcharge from its customers.

      4.  As used in this section, “trunk line” means a line which provides a channel between a switchboard owned by a customer of a telephone company and the local exchange of the telephone company.

      Sec. 4.  If a surcharge is imposed in a county pursuant to section 3 of this act, the board of county commissioners of that county shall:

      1.  Establish, by ordinance, an advisory committee to develop a plan to enhance the telephone system for reporting an emergency in that county and to oversee any money allocated for that purpose. The advisory committee must consist of not less than five members who:

      (a) Are residents of the county;

      (b) Possess knowledge concerning telephone systems for reporting emergencies; and

      (c) Are not elected public officers.

      2.  Create a special revenue fund of the county for the deposit of the money collected pursuant to section 3 of this act. The money in the fund must be used only to:


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

ê1995 Statutes of Nevada, Page 1057 (Chapter 427, SB 473)ê

 

      (a) Enhance the telephone system for reporting an emergency so that the number and address from which a call received by the system is made may be determined; and

      (b) Make any other improvements to the services provided by the telephone system for reporting an emergency.

      3.  If the balance in the fund created pursuant to subsection 2 which has not been committed for expenditure exceeds $500,000 at the end of any fiscal year, reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $500,000.

      Sec. 5.  A telephone company or supplier which collects the surcharge imposed pursuant to section 3 of this act is entitled to retain an amount of the surcharge collected which is equal to the cost to collect the surcharge.

      Sec. 6.  This act becomes effective on January 1, 1996, and expires by limitation on December 31, 1999.

 

________

 

 

CHAPTER 428, SB 475

Senate Bill No. 475–Committee on Judiciary

CHAPTER 428

AN ACT relating to criminal procedure; providing for the disclosure of reports of presentence investigations to the Immigration and Naturalization Service of the United States Department of Justice; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.156 is hereby amended to read as follows:

      176.156  1.  The court shall disclose to the district attorney, the counsel for the defendant and the defendant the factual content of the report of the presentence investigation and the recommendations of the division and afford an opportunity to each party to object to factual errors and comment on the recommendations.

      2.  If the Immigration and Naturalization Service of the United States Department of Justice requests the disclosure of a report of a presentence investigation, the court shall disclose the factual content of the report to the Immigration and Naturalization Service for the limited purpose of performing its duties, including, but not limited to, conducting hearings that are public in nature for the deportation of aliens.

      3.  Except for the disclosures required by [subsection 1,] subsections 1 and 2, the report and its sources of information are confidential and must not be made a part of any public record.


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ê1995 Statutes of Nevada, Page 1058 (Chapter 428, SB 475)ê

 

      Sec. 2.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government which are related to the provisions of this act.

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

 

________

 

 

CHAPTER 429, SB 483

Senate Bill No. 483–Committee on Taxation

CHAPTER 429

AN ACT relating to taxation; clarifying and expanding the procedures available for the collection of taxes; providing that all taxes collected by a person for the state are held in trust for the state; requiring certain brewers and wine makers to post a bond to ensure the payment of excise taxes; revising the procedures for appealing certain decisions of the department of taxation; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 360 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  As used in this chapter, “retailer” has the meaning ascribed to it in NRS 372.055.

      Sec. 3.  A petition for redetermination must:

      1.  Set forth the amount of the determination being contested and the grounds for seeking a redetermination; and

      2.  If an oral hearing is not requested, be accompanied by the books and records and other evidence which support the petition.

      Sec. 4.  1.  Before a person may seek judicial review pursuant to NRS 233B.130 from a final order of the department upon a petition for redetermination, he must:

      (a) Pay the amount of the determination; or

      (b) Enter into a written agreement with the department establishing a later date by which he must pay the amount of the determination.

      2.  If a court determines that the amount of the final order should be reduced or that the person does not owe any taxes, the department shall credit or refund any amount paid by the person that exceeds the amount owed.

      Sec. 5.  1.  If a person is delinquent in the payment of any tax or fee administered by the department or has not paid the amount of a deficiency determination, the department may bring an action in a court of this state, a court of any other state or a court of the United States to collect the delinquent or deficient amount, penalties and interest. The action must be brought not later than 3 years after the payment became delinquent or the determination became final or within 5 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed.

      2.  The attorney general shall prosecute the action. The provisions of NRS and the Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings.


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ê1995 Statutes of Nevada, Page 1059 (Chapter 429, SB 483)ê

 

appeals are applicable to the proceedings. In the action, a writ of attachment may issue. A bond or affidavit is not required before an attachment may be issued.

      3.  In the action, a certificate by the department showing the delinquency is prima facie evidence of:

      (a) The determination of the tax or fee or the amount of the tax or fee;

      (b) The delinquency of the amounts; and

      (c) The compliance by the department with all of the procedures required by law related to the computation and determination of the amounts.

      Sec. 6.  1.  In an action relating to use tax, process may be served:

      (a) According to the Nevada Rules of Civil Procedure; or

      (b) By serving an agent or clerk of a retailer in this state at a place of business maintained by the retailer in this state.

      2.  If process is served in the manner set forth in paragraph (b) of subsection 1, a copy of the process must be sent by registered or certified mail to the retailer at his principal or home office.

      Sec. 7.  1.  If any tax or fee administered by the department is not paid when due, the department may, within 3 years after the date that the tax or fee was due, file for record a certificate in the office of any county recorder which states:

      (a) The amount of the tax or fee and any interest or penalties due;

      (b) The name and address of the person who is liable for the amount due as they appear on the records of the department; and

      (c) That the department has complied with all procedures required by law for determining the amount due.

      2.  From the time of the filing of the certificate, the amount due, including interest and penalties, constitutes a lien upon all real and personal property in the county owned by the person or acquired by him afterwards and before the lien expires. The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the filing of the certificate unless sooner released or otherwise discharged.

      3.  Within 5 years after the date of the filing of the certificate or within 5 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by filing for record a new certificate in the office of the county recorder of any county. From the time of filing, the lien is extended to all real and personal property in the county owned by the person or acquired by him afterwards for 5 years, unless sooner released or otherwise discharged.

      Sec. 8.  1.  The department may release all or any portion of the property subject to a lien imposed by the department or subordinate the lien to other liens and encumbrances if it determines that the amount, interest and penalties are secured sufficiently by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount, interest and penalties.

      2.  A certificate by the department stating that any property has been released from the lien, or that that the lien has been subordinated to other liens and encumbrances, is conclusive evidence that the property has been released, or that the lien has been subordinated.


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ê1995 Statutes of Nevada, Page 1060 (Chapter 429, SB 483)ê

 

      Sec. 9.  1.  The department or its authorized representative may issue a warrant for the enforcement of a lien and for the collection of any delinquent tax or fee which is administered by the department:

      (a) Within 3 years after the person is delinquent in the payment of the tax or fee; or

      (b) Within 5 years after the last recording of an abstract of judgment or of a certificate constituting a lien for the tax or fee.

      2.  The warrant must be directed to a sheriff or constable and has the same effect as a writ of execution.

      3.  The warrant must be levied and sale made pursuant to the warrant in the same manner and with the same effect as a levy of and a sale pursuant to a writ of execution.

      Sec. 10.  1.  The department may pay or advance to the sheriff or constable the same fees, commissions and expenses for acting upon the warrant as are provided by law for acting upon a writ of execution. The department must approve the fees for publication in a newspaper. Approval from a court is not required for such publication.

      2.  The fees, commissions and expenses are the obligation of the person against whom the warrant is issued.

      Sec. 11.  1.  If a person who is liable for any tax or fee administered by the department sells any portion of his business or stock of goods not in the ordinary course of business or quits the business, his successors or assignees shall:

      (a) If the business or stock of goods was purchased for money, withhold from the purchase price the amount due; or

      (b) If the business or stock of goods was not purchased for money, withhold a sufficient portion of the assets of the business or stock of goods which, if sold, would equal the amount due,

until the former owner provides the successors or assignees with a receipt or certificate from the department showing that he paid the amount due.

      2.  A successor or assignee who fails to withhold the amount required pursuant to subsection 1 becomes personally liable for the payment of the amount required to be withheld by him to the extent of the consideration paid for the business or stock of goods, valued in money.

      3.  The department shall issue a certificate of the amount due to the successor or assignee:

      (a) Not later than 60 days after receiving a written request from the successor or assignee for such a certificate; or

      (b) Not later than 60 days after the date the former owner’s records are made available for audit,

whichever period expires later, but not later than 90 days after receiving the request.

      4.  If the department fails to mail the certificate, the successor or assignee is released from any further obligation to withhold any portion of the purchase price, business or stock of goods.

      5.  The time within which the obligation of the successor or assignee may be enforced begins at the time the person who is liable for the tax or fee sells or assigns all or any portion of his business or stock of goods or at the time that the determination against the person becomes final, whichever event occurs later.


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ê1995 Statutes of Nevada, Page 1061 (Chapter 429, SB 483)ê

 

that the determination against the person becomes final, whichever event occurs later.

      Sec. 12.  The department may adopt regulations which set forth the manner in which a person who does not owe any tax to the department may claim an ownership interest in property transmitted to or seized by the department. The regulations must set forth:

      1.  The procedures the person must follow to assert such a claim; and

      2.  The circumstances under which the department will honor the claim.

      Sec. 13.  NRS 360.279 is hereby amended to read as follows:

      360.279  1.  Three years after the service of notice upon any person who has deposited security with the department pursuant to the provisions of NRS 372.510 or 374.515 that any liability for the payment of sales and use taxes has been extinguished or satisfied and that his account has been closed and his security is eligible for return, the department shall, upon the failure of the person to claim the security, direct the state controller to:

      (a) Transfer all or any part of the security to the state general fund, if the security is in the form of a cash deposit; or

      (b) Sell the security in the manner prescribed in NRS 372.510 or 374.515 and deposit the proceeds thereof in the state general fund, if the security is in the form of a United States bearer bond.

      2.  The notice mentioned in this section must be given as provided in NRS [372.425.] 360.350.

      Sec. 14.  NRS 360.300 is hereby amended to read as follows:

      360.300  1.  If a person fails to file a return or the department is not satisfied with the return or returns of any tax, contribution or premium or amount of tax, contribution or premium required to be paid to the state by any person, in accordance with the applicable provisions of this [Title,] chapter or chapter [612 or 616] 362, 364A, 365, 369, 370, 372, 372A, 373, 374, 377, 377A, 444A, 585, 590 or 680B of NRS as administered or audited by the department, it may compute and determine the amount required to be paid upon the basis of [the] :

      (a) The facts contained in the return [or upon the basis of any] ;

      (b) Any information within its possession or that may come into its possession [.] ; or

      (c) Reasonable estimates of the amount.

      2.  One or more deficiency determinations may be made of the amount due for one or for more than one period.

      3.  When a business is discontinued, a determination may be made at any time thereafter within the time prescribed in NRS 360.355 as to liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability.

      Sec. 15.  NRS 360.340 is hereby amended to read as follows:

      360.340  If any part of the deficiency for which a deficiency determination is made is due to fraud or an intent to evade the [provisions of this Title,] payment of a tax or fee administered by the department or the authorized regulations of the department, a penalty of :

      1.  Except as otherwise provided in subsection 2, 25 percent of the amount of the determination [shall] must be added thereto.


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ê1995 Statutes of Nevada, Page 1062 (Chapter 429, SB 483)ê

 

      2.  In the case of a tax imposed pursuant to chapter 372 or 374 of NRS with respect to the sale, storage, use or other consumption of any vehicle, vessel or aircraft, three times the amount of the determination must be added thereto.

      Sec. 16.  NRS 360.350 is hereby amended to read as follows:

      360.350  1.  The department shall give [the taxpayer] a person against whom a determination has been made written notice of its determination.

      2.  The notice may be served personally or by mail . [; if] If served by mail, the notice must be addressed to the [taxpayer] person at his address as it appears in the records of the department.

      3.  [In the case of service] If notice is served by mail , [of any notice required, the] service is complete at the time of deposit with the United States Postal Service.

      4.  [The service of this written] Service of notice tolls any limitation for the determination of a further deficiency.

      Sec. 17.  NRS 360.360 is hereby amended to read as follows:

      360.360  1.  Any person against whom a deficiency determination is made [may] who believes that the determination is incorrect must petition the department for a redetermination within [30] 45 days after he is served with notice of [such] the determination.

      2.  If a petition for redetermination is not filed within the [30-day] 45-day period, the person is deemed to have waived his right to contest the determination [becomes final at the expiration of the period.] or recover a refund.

      3.  For good cause shown, the department may extend the time within which a petition for redetermination must be filed.

      Sec. 18.  NRS 360.370 is hereby amended to read as follows:

      360.370  1.  If a petition for redetermination is filed within the [30-day] 45-day period, the department shall reconsider the determination and, if the person has so requested in his petition, grant the person an oral hearing and give him 10 days’ notice of the time and place of the hearing.

      2.  The department may continue the hearing from time to time as may be necessary.

      Sec. 19.  NRS 360.390 is hereby amended to read as follows:

      360.390  1.  The order entered by an officer of the department upon a petition for redetermination becomes final 30 days after service upon the petitioner of notice thereof [.] , unless an appeal of the order is filed within that time with the Nevada tax commission.

      2.  On appeal, the Nevada tax commission shall comply with the standards for review set forth in subsection 3 of NRS 233B.135. The decision of the commission upon an appeal becomes final 30 days after service upon the petitioner and the department of its written order.

      Sec. 20.  NRS 360.400 is hereby amended to read as follows:

      360.400  1.  All determinations made by the department under the authority of NRS 360.300 to 360.410, inclusive, are due at the time they become final . [, except that the department may grant an extension of up to 15 days for good cause if the taxpayer makes a written application to the Nevada tax commission before the time the determination becomes final.]

      2.  If the determination is not paid when it becomes final and the taxpayer has not entered into a written agreement with the department for the payment of the determination, the department shall impose a penalty of 10 percent of the amount of the determination, exclusive of interest and penalties.


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ê1995 Statutes of Nevada, Page 1063 (Chapter 429, SB 483)ê

 

of the determination, the department shall impose a penalty of 10 percent of the amount of the determination, exclusive of interest and penalties.

      Sec. 21.  NRS 360.420 is hereby amended to read as follows:

      360.420  1.  If [any amount required to be paid to the state or remitted to the department under the provisions of this Title is not paid] , with respect to any tax or fee administered by the department, a person:

      (a) Fails to pay the tax or fee when due [,] according to his own return filed with the department;

      (b) Fails to pay a deficiency determination when due; or

      (c) Defaults on a payment pursuant to a written agreement with the department,

the department may, within 3 years after the amount is due, file in the office of the clerk of any court of competent jurisdiction an application for the entry of a summary judgment for the amount due.

      2.  The application must be accompanied by a certificate specifying [the] :

      (a) The amount required to be paid, including any interest and penalties due [, the] ;

      (b) The name and address of the person liable for the payment, as [it appears] they appear on the records of the department [, the department’s compliance] ;

      (c) The basis for the determination of the department of the amount due; and

      (d) That the department has complied with the applicable provisions of [this Title] law in relation to the determination of the amount required to be paid . [, and]

      3.  The application must include a request that judgment be entered against the person in the amount required to be paid, including any interest and penalties [,] due, as set forth in the certificate.

      Sec. 22.  NRS 360.510 is hereby amended to read as follows:

      360.510  1.  If any person is delinquent in the payment of [the amount of any sales or use tax or other excise required to be paid by him] any tax or fee administered by the department or if a determination has been made against him which remains unpaid, the department may [, not] :

      (a) Not later than 3 years after the payment became delinquent or [within 3] the determination became final; or

      (b) Not later than 5 years after the last recording of the abstract [under NRS 372.555] of judgment or of a certificate [under NRS 372.570,] constituting a lien for tax owed,

give a notice [of it] of the delinquency and a demand to transmit personally or by registered or certified mail to [all persons,] any person, including , without limitation, any officer or department of the state or any political subdivision or agency of the state, who [have in their] has in his possession or under [their] his control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before it presents the claim of the delinquent taxpayer to the state controller.


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ê1995 Statutes of Nevada, Page 1064 (Chapter 429, SB 483)ê

 

      2.  A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the department’s notice.

      3.  After receiving the [notice,] demand to transmit, the persons so notified may not transfer or otherwise dispose of the credits, other personal property, or debts in their possession or under their control at the time they received the notice until the department consents to a transfer or other disposition . [, or until 60 days after the receipt of the notice, whichever period expires earlier.]

      4.  All persons so notified shall, within 10 days after receipt of the [notice,] demand to transmit, inform the department of, and transmit to the department [of] all such credits, other personal property, or debts in their possession, under their control or owing by them [.] within the time and in the manner requested by the department. Except as otherwise provided in subsection 5, no further notice is required to be served to such persons.

      5.  If the property of the delinquent taxpayer consists of a series of payments owed to him, the person who owes or controls the payments shall transmit the payments to the department until otherwise notified by the department. If the debt of the delinquent taxpayer is not paid within 1 year after the department issued the original demand to transmit, it shall issue another demand to transmit to the person responsible for making the payments informing him to continue to transmit payments to the department or that his duty to transmit the payments to the department has ceased.

      6.  If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or other credits or personal property in the possession or under the control of a bank [,] or other depository institution, the notice must be delivered or mailed to the branch or office of the bank or other depository institution at which the deposit is carried or at which the credits or personal property is held.

      [6.  If, during the effective period of the notice to withhold,]

      7.  If any person so notified makes any transfer or other disposition of the property or debts required to be withheld [,] or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, he is liable to the state for any indebtedness due under this [Title] chapter or chapter 362, 364A, 365, 369, 370, 372, 372A, 373, 374, 377, 377A, 444A, 585 , 590 or 680B of NRS from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the state is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.

      Sec. 23.  NRS 360.520 is hereby amended to read as follows:

      360.520  In administering the provisions of NRS 360.510, the department shall determine as early as possible whether there have been withheld or transmitted sufficient liquid assets [sufficient] to satisfy the claim of the state. As soon as the department determines that [such] the assets have been withheld [,] or transmitted, it shall consent to a transfer or other disposition of all assets in excess of that amount.

      Sec. 24.  NRS 364A.250 is hereby amended to read as follows:

      364A.250  1.  Except as otherwise provided in NRS 360.235 [:] and section 4 of this act:


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ê1995 Statutes of Nevada, Page 1065 (Chapter 429, SB 483)ê

 

      (a) No refund may be allowed unless a claim for it is filed with the department within 3 years after the last day of the month following the close of the period for which the overpayment was made . [, or, with respect to determinations made pursuant to NRS 360.300 to 360.416, inclusive, within 6 months after the determination becomes final, or within 6 months after the date of overpayment, whichever period expires later.]

      (b) No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the department within that period.

      2.  Each claim must be in writing and must state the specific grounds upon which the claim is founded.

      3.  Failure to file a claim within the time prescribed in this chapter constitutes a waiver of any demand against the state on account of overpayment.

      4.  Within 30 days after [disallowing] rejecting any claim in whole or in part, the department shall serve notice of its action on the claimant in the manner prescribed for service of notice of a deficiency determination.

      Sec. 25.  Chapter 365 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A responsible person who willfully fails to collect or pay to the department the tax imposed by this chapter or who willfully attempts to evade the payment of the tax is jointly and severally liable with the dealer for the tax owed plus interest and all applicable penalties. The responsible person shall pay the tax upon notice from the department that it is due.

      2.  As used in this section, “responsible person” includes:

      (a) An officer or employee of a corporation; and

      (b) A member or employee of a partnership or limited-liability company, whose job or duty it is to collect, account for or pay to the department the tax imposed by this chapter.

      Sec. 26.  NRS 365.170 is hereby amended to read as follows:

      365.170  1.  Every dealer shall, not later than the 25th day of each calendar month:

      (a) Render to the department a statement of all motor vehicle fuel and fuel for jet or turbine-powered aircraft sold, distributed or used by him in the State of Nevada, as well as all such fuel sold, distributed or used in this state by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the tax thereon under NRS 365.020, during the preceding calendar month; and

      (b) Pay an excise tax on:

             (1) All fuel for jet or turbine-powered aircraft in the amount of 1 cent per gallon, plus any amount imposed by the county in which the fuel is sold, distributed or used pursuant to NRS 365.203; and

             (2) All other motor vehicle fuel in the amount of 17.65 cents per gallon, so sold, distributed or used, in the manner and within the time prescribed in this chapter.

      2.  A dealer shall hold the amount of all taxes collected pursuant to this chapter in a separate account in trust for the state.

      3.  The department for good cause may extend for not [to exceed] more than 30 days the time for making any report or return required under this chapter. The extension may be granted at any time if:


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ê1995 Statutes of Nevada, Page 1066 (Chapter 429, SB 483)ê

 

      (a) A request therefor has been filed with the department within or before the period for which the extension may be granted; and

      (b) A remittance of the estimated tax is made when due.

      [3.] 4.  Any report, return, remittance to cover a payment or claim for credit or refund required by this chapter which is transmitted through the United States mail shall be deemed filed or received by the department on the date shown by the post office cancellation mark stamped upon the envelope containing it, or on the date it was mailed if proof satisfactory to the department establishes that the document or remittance was timely deposited in the United States mail properly addressed to the department.

      Sec. 27.  NRS 365.530 is hereby amended to read as follows:

      365.530  1.  Every person transporting on any highway of the State of Nevada motor vehicle fuel or fuel for jet or turbine-powered aircraft or other inflammable or combustible liquids in an amount of 25 gallons or more [must] shall have in his possession at all times during such transportation an invoice, bill of sale or other document showing the name and address of the seller or consignor and of the buyer or consignee, if any, of the product so transported. [He shall produce and exhibit the same to any sheriff, deputy sheriff, police officer or authorized agent of the department upon request or demand.]

      2.  Any person engaged in transporting motor vehicle fuel or fuel for jet or turbine-powered aircraft or other inflammable or combustible liquids by tank truck or tank truck and trailer to be delivered to a dealer or any reseller of such products or to persons known to the trade as commercial consumers is required only to have in his possession adequate evidence showing the amount of the motor vehicle fuel, fuel for jet or turbine-powered aircraft or other inflammable or combustible liquids loaded in his conveyance at the time the conveyance left its loading point, and the name and address of the dealer who has assumed or is charged with the responsibility for the payment of the tax due thereon, if any. The date of delivery thereto must be furnished the department upon request.

      3.  A person shall produce and exhibit the documentation and evidence required to be in his possession by this section to any sheriff, deputy sheriff, police officer or authorized agent of the department upon request. If the person fails to produce the documentation and evidence, the sheriff, deputy sheriff, police officer or authorized agent of the department may seize and detain the truck and trailer and the fuel or other inflammable or combustible liquid until the documentation and evidence are produced and any taxes due are paid.

      Sec. 28.  NRS 369.350 is hereby amended to read as follows:

      369.350  1.  Each licensed importer , brewer or wine maker shall furnish a bond executed by him as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, and conditioned upon the payment of all excise taxes due or to become due from him under the provisions of this chapter. Each bond must be in a principal sum equal to the greatest excise tax paid by the importer , brewer or wine maker in any quarter of the preceding year, or if such a standard is not available, then in a sum required from a licensee operating under conditions deemed comparable by the department. In no case may a bond be for an amount less than $1,000.


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ê1995 Statutes of Nevada, Page 1067 (Chapter 429, SB 483)ê

 

When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount required must be rounded off to the next larger integral multiple of $100.

      2.  In lieu of a bond a licensed importer , brewer or wine maker may deposit with the department, under such terms as the department may prescribe, a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the department. The department shall deposit all cash and bonds of the United States or of the State of Nevada received pursuant to this subsection with the state treasurer as custodian.

      3.  Notwithstanding any other provision of this section, upon application and a satisfactory showing therefor, the department may, from time to time, increase or decrease the amount of the required bond, having consideration for the amount of importations made by the importer [.] or the amount of beer or wine possessed or sold by the brewer or wine maker, respectively.

      4.  Notwithstanding any other provision of this section, the department may waive the requirement of a bond pursuant to this section whenever a licensed importer , brewer or wine maker has maintained a satisfactory record of payment of excise taxes for a period of not less than 5 consecutive years.

      Sec. 29.  Chapter 372 of NRS is hereby amended by adding thereto the provisions set forth as sections 30 and 31 of this act.

      Sec. 30.  1.  A responsible person who willfully fails to collect or pay to the department the tax imposed by this chapter or who willfully attempts to evade the payment of the tax is jointly and severally liable with the retailer for the tax owed plus interest and all applicable penalties. The responsible person shall pay the tax upon notice from the department that it is due.

      2.  As used in this section, “responsible person” includes:

      (a) An officer or employee of a corporation; and

      (b) A member or employee of a partnership or limited-liability company,

whose job or duty it is to collect, account for or pay to the department the tax imposed by this chapter.

      Sec. 31.  A retailer shall hold the amount of all taxes collected pursuant to this chapter in a separate account in trust for the state.

      Sec. 32.  NRS 372.635 is hereby amended to read as follows:

      372.635  Except as otherwise provided in NRS 360.235 [:] and section 4 of this act:

      1.  No refund may be allowed unless a claim for it is filed with the department within 3 years after the last day of the month following the close of the period for which the overpayment was made . [or, with respect to determinations made pursuant to NRS 372.400 to 372.455, inclusive, within 6 months after the determinations become final, or within 6 months after the date of overpayment, whichever period expires later.]

      2.  No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the department within that period, or unless the credit relates to a period for which a waiver is given pursuant to NRS 360.355.


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ê1995 Statutes of Nevada, Page 1068 (Chapter 429, SB 483)ê

 

      Sec. 33.  NRS 372.750 is hereby amended to read as follows:

      372.750  1.  Except as otherwise provided in this section, it is a misdemeanor for any member of the Nevada tax commission or officer or employee of the department to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any retailer or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular of them, set forth or disclosed in any return, or to permit any return or copy of a return, or any book containing any abstract or particulars of it to be seen or examined by any person not connected with the department.

      2.  The commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.

      3.  The governor may, by general or special order, authorize examination of the records maintained by the department under this chapter by other state officers, by tax officers of another state, by the Federal Government, if a reciprocal arrangement exists, or by any other person. The information so obtained may not be made public except to the extent and in the manner that the order may authorize that it be made public.

      4.  Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties.

      5.  Relevant information may be disclosed as evidence in an appeal by the taxpayer from a determination of tax due.

      6.  At any time after a determination, decision or order of the executive director or other officer of the department imposing upon a person a penalty [pursuant to NRS 372.420 or 372.450] for fraud or intent to evade the tax imposed by this chapter on the sale, storage, use or other consumption of any vehicle, vessel or aircraft becomes final or is affirmed by the [tax] commission, any member of the [tax] commission or officer or employee of the department may publicly disclose the identity of that person and the amount of tax assessed and penalties imposed against him.

      Sec. 34.  Chapter 374 of NRS is hereby amended by adding thereto the provisions set forth as sections 35 and 36 of this act.

      Sec. 35.  A retailer shall hold the amount of all taxes collected pursuant to this chapter in a separate account in trust for the state.

      Sec. 36.  1.  A responsible person who willfully fails to collect or pay to the department the tax imposed by this chapter or who willfully attempts to evade the payment of the tax is jointly and severally liable with the retailer for the tax owed plus interest and all applicable penalties. The responsible person shall pay the tax upon notice from the department that it is due.

      2.  As used in this section, “responsible person” includes:

      (a) An officer or employee of a corporation; and

      (b) A member or employee of a partnership or limited-liability company,

whose job or duty it is to collect, account for or pay to the department the tax imposed by this chapter.


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ê1995 Statutes of Nevada, Page 1069 (Chapter 429, SB 483)ê

 

      Sec. 37.  NRS 374.640 is hereby amended to read as follows:

      374.640  Except as otherwise provided in NRS 360.235 [:] and section 4 of this act:

      1.  No refund may be allowed unless a claim for it is filed with the department within 3 years after the last day of the month following the close of the period for which the overpayment was made . [or, with respect to determinations made pursuant to NRS 374.405 to 374.460, inclusive, within 6 months after the determinations become final, or within 6 months after the date of overpayment, whichever period expires later.]

      2.  No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the department within that period, or unless the credit relates to a period for which a waiver is given pursuant to NRS 360.355.

      Sec. 38.  NRS 374.755 is hereby amended to read as follows:

      374.755  1.  Except as otherwise provided in this section, it is a misdemeanor for any member of the Nevada tax commission or official or employee of the department to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any retailer or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof, set forth or disclosed in any return, or to permit any return or copy thereof, or any book containing any abstract or particulars thereof to be seen or examined by any person not connected with the department.

      2.  The commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.

      3.  The governor may, however, by general or special order, authorize examination of the records maintained by the department under this chapter by other state officers, by tax officers of another state, by the Federal Government, if a reciprocal arrangement exists, or by any other person. The information so obtained pursuant to the order of the governor may not be made public except to the extent and in the manner that the order may authorize that it be made public.

      4.  Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties.

      5.  Relevant information may be disclosed as evidence in an appeal by the taxpayer from a determination of tax due.

      6.  At any time after a determination, decision or order of the executive director or other officer of the department imposing upon a person a penalty [pursuant to NRS 374.425 or 374.455] for fraud or intent to evade the tax imposed by this chapter on the sale, storage, use or other consumption of any vehicle, vessel or aircraft becomes final or is affirmed by the [tax] commission, any member of the [tax] commission or officer or employee of the department may publicly disclose the identity of that person and the amount of tax assessed and penalties imposed against him.


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ê1995 Statutes of Nevada, Page 1070 (Chapter 429, SB 483)ê

 

      Sec. 39.  NRS 360.430, 364A.200, 364A.210, 364A.220, 365.345, 365.350, 365.360, 372.400, 372.410, 372.420, 372.425, 372.435, 372.440, 372.445, 372.450, 372.455, 372.475, 372.480, 372.485, 372.490, 372.495, 372.500, 372.520, 372.525, 372.530, 372.535, 372.540, 372.545, 372.550, 372.555, 372.560, 372.570, 372.575, 372.580, 372.585, 372.590, 372.595, 372.620, 372.625, 372A.140, 372A.150, 373.078, 374.405, 374.415, 374.425, 374.430, 374.440, 374.445, 374.450, 374.455, 374.460, 374.480, 374.485, 374.490, 374.495, 374.500, 374.505, 374.525, 374.530, 374.535, 374.540, 374.545, 374.550, 374.555, 374.560, 374.565, 374.575, 374.580, 374.585, 374.590, 374.595, 374.600, 374.625 and 374.630 are hereby repealed.

 

________

 

 

CHAPTER 430, SB 493

Senate Bill No. 493–Committee on Commerce and Labor

CHAPTER 430

AN ACT relating to insurance; increasing the maximum nonprorated assessment that the Nevada Life and Health Insurance Guaranty Association can make against member insurers in a calendar year; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 686C.240 is hereby amended to read as follows:

      686C.240  1.  The board shall determine the amount of each assessment in Class A and may, but need not, prorate it. If an assessment is prorated, the board may provide that any surplus be credited against future assessments in Class B. An assessment which is not prorated must not exceed [$150] $300 for each insurer for any one calendar year.

      2.  The board may allocate any assessment in Class B among the accounts according to the premiums or reserves of the impaired or insolvent insurer or any other standard which it considers fair and reasonable under the circumstances.

      3.  Assessments in Class B against member insurers for each account and subaccount must be in the proportion that the premiums received on business in this state by each assessed member insurer on policies or contracts covered by each account or subaccount for the 3 most recent calendar years for which information is available preceding the year in which the insurer became impaired or insolvent bears to premiums received on business in this state for those calendar years by all assessed member insurers.

      4.  Assessments for money to meet the requirements of the association with respect to an impaired or insolvent insurer must not be made until necessary to carry out the purposes of this chapter. Classification of assessments under subsection 2 of NRS 686C.230 and computation of assessments under this section must be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible.


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ê1995 Statutes of Nevada, Page 1071 (Chapter 430, SB 493)ê

 

section must be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible.

      Sec. 2.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 431, SB 496

Senate Bill No. 496–Committee on Judiciary

CHAPTER 431

AN ACT relating to Nevada Revised Statutes; making technical corrections to inappropriate or inaccurate provisions; clarifying ambiguous provisions; deleting obsolete provisions; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 0.040 is hereby amended to read as follows:

      0.040  1.  Except as otherwise provided in subsection 2, “physician” means a person who engages in the practice of medicine, including osteopathy and homeopathy.

      2.  The terms “physician,” “osteopathic physician,” “homeopathic [physician” and] physician,” “chiropractic physician” and “podiatric physician” are used in chapters 630, 630A, 633 , [and] 634 and 635 of NRS in the limited senses prescribed by those chapters respectively.

      Sec. 2.  NRS 21.075 is hereby amended to read as follows:

      21.075  1.  Execution on writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 

NOTICE OF EXECUTION

 

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 

       A court has determined that you owe money to ………………..(name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.


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ê1995 Statutes of Nevada, Page 1072 (Chapter 431, SB 496)ê

 

       Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

       1.  Payments received under the Social Security Act.

       2.  Payments for benefits or the return of contributions under the public employees’ retirement system.

       3.  Payments for public assistance granted through the welfare division of the department of human resources.

       4.  Proceeds from a policy of life insurance.

       5.  Payments of benefits under a program of industrial insurance.

       6.  Payments received as unemployment compensation.

       7.  Veteran’s benefits.

       8.  A homestead in a dwelling or a mobile home, not to exceed $125,000, unless the judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

       9.  A vehicle, if your equity in the vehicle is less than $1,500.

       10.  Seventy-five percent of the take home pay for any pay period, unless the weekly take home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

       11.  Money, not to exceed $100,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).

       12.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the state.

       13.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

       14.  A vehicle for use by your or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

       [13.] 15.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through ………………..(name of organization in county providing legal services to indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

       If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption.


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ê1995 Statutes of Nevada, Page 1073 (Chapter 431, SB 496)ê

 

affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.

 

       IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

      Sec. 3.  NRS 41.035 is hereby amended to read as follows:

      41.035  1.  An award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the state or any political subdivision, immune contractor or state legislator arising out of an act or omission within the scope of his public duties or employment may not exceed the sum of $50,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages.

      2.  The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:

      (a) Any public or quasi-municipal corporation organized under the laws of this state.

      (b) Any person with respect to any land or water leased or otherwise made available by that person to any public agency.

      (c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph do not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.

The legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other [waters] water owned or controlled by any public or quasi-municipal agency or corporation of this state, wherever such land or water may be situated.

      [3.  The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort arising out of any act or omission within the scope of the public duties or employment of any present or former officer or employee of the state or of any political subdivision, immune contractor or state legislator.]


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ê1995 Statutes of Nevada, Page 1074 (Chapter 431, SB 496)ê

 

      Sec. 4.  NRS 104.3101 is hereby amended to read as follows:

      104.3101  This article may be cited as Uniform Commercial [Code–Commercial Paper.] Code–Negotiable Instruments.

      Sec. 5.  NRS 104.8102 is hereby amended to read as follows:

      104.8102  1.  In this article unless the context otherwise requires:

      (a) A “certificated security” is a share, participation or other interest in property of or an enterprise of the issuer or an obligation of the issuer which is:

             (1) Represented by an instrument issued in bearer or registered form;

             (2) Of a type commonly dealt in on securities exchanges or markets or commonly recognized in any area in which it is issued or dealt in as a medium for investment; and

             (3) Either one of a class or series or by its terms divisible into a class or series of shares, participations, interests or obligations.

      (b) An “uncertificated security” is a share, participation or other interest in property or an enterprise of the issuer or an obligation of the issuer which is:

             (1) Not represented by an instrument and the transfer of which is registered upon books maintained for that purpose by or on behalf of the issuer;

             (2) Of a type commonly dealt in on securities exchanges or markets; and

             (3) Either one of a class or series or by its terms divisible into a class or series of shares, participations, interests or obligations.

      (c) A “security” is either a certificated or an uncertificated security. If a security is certificated, the terms “security” and “certificated security” may mean either the intangible interest, the instrument representing that interest, or both, as the context requires. A writing that is a certificated security is governed by this article and not by Uniform Commercial [Code–Commercial Paper,] Code–Negotiable Instruments, even though it also meets the requirements of that article. This article does not apply to money. If a certificated security has been retained by or surrendered to the issuer or its transfer agent for reasons other than registration of transfer, other temporary purpose, payment, exchange, or acquisition by the issuer, that security [shall] must be treated as an uncertificated security for purposes of this article.

      (d) A certificated security is in “registered form” if:

             (1) It specifies a person entitled to the security or the rights it represents; and

             (2) Its transfer may be registered upon books maintained for that purpose by or on behalf of the issuer, or the security so states.

      (e) A certificated security is in “bearer form” if it runs to the bearer according to its terms and not by reason of any endorsement.

      2.  A “subsequent purchaser” is a person who takes other than by original issue.

      3.  A “clearing corporation” is a corporation registered as a “clearing agency” under the federal securities laws or a corporation:

      (a) At least 90 percent of whose capital stock is held by or for one or more organizations, none of which, other than a national securities exchange or association, holds in excess of 20 percent of the capital stock of the corporation, and each of which is:


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ê1995 Statutes of Nevada, Page 1075 (Chapter 431, SB 496)ê

 

             (1) Subject to supervision or regulation pursuant to the provisions of federal or state banking laws or state insurance laws;

             (2) A broker or dealer or investment company registered under the federal securities laws; or

             (3) A national securities exchange or association registered under the federal securities laws; and

      (b) Any remaining capital stock of which is held by individuals who have purchased it at or [prior to] before the time of their taking office as directors of the corporation and who have purchased only so much of the capital stock as is necessary to permit them to qualify as directors.

      4.  A “custodian bank” is a bank or trust company that is supervised and examined by state or federal authority having supervision over banks and is acting as custodian for a clearing corporation.

      5.  Other definitions applying to this article or to specified parts thereof and the sections in which they appear are:

 

“Adverse claim.” NRS 104.8302.

“Bona fide purchaser.” NRS 104.8302.

“Broker.” NRS 104.8303.

“Debtor.” NRS 104.9105.

“Financial intermediary.” NRS 104.8313.

“Guarantee of the signature.” NRS 104.8402.

“Initial transaction statement.” NRS 104.8408.

“Instruction.” NRS 104.8308.

“Intermediary bank.” NRS 104.4105.

“Issuer.” NRS 104.8201.

“Overissue.” NRS 104.8104.

“Secured party.” NRS 104.9105.

“Security agreement.” NRS 104.9105

 

      6.  In addition article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.

      Sec. 6.  NRS 104.9206 is hereby amended to read as follows:

      104.9206  1.  Subject to any statute or decision which establishes a different rule for buyers or lessees of consumer goods, an agreement by a buyer or lessee that he will not assert against an assignee any claim or defense which he may have against the seller or lessor is enforceable by an assignee who takes his assignment for value, in good faith and without notice of a claim or defense, except as to defenses of a type which may be asserted against a holder in due course of a negotiable instrument under the article on [commercial paper] negotiable instruments (article 3). A buyer who as part of one transaction signs both a negotiable instrument and a security agreement makes such an agreement.

      2.  When a seller retains a purchase money security interest in goods the article on sales (article 2) governs the sale and any disclaimer, limitation or modification of the seller’s warranties.

      Sec. 7.  NRS 126.045 is hereby amended to read as follows:

      126.045  1.  Two [or more] persons whose marriage is valid under chapter 122 of NRS may enter into a contract with a surrogate for assisted conception.


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ê1995 Statutes of Nevada, Page 1076 (Chapter 431, SB 496)ê

 

conception. Any such contract must contain provisions which specify the respective rights of each party, including:

      (a) Parentage of the child;

      (b) Custody of the child in the event of a change of circumstances; and

      (c) The respective responsibilities and liabilities of the contracting parties.

      2.  A person identified as an intended parent in a contract described in subsection 1 must be treated in law as a natural parent under all circumstances.

      3.  It is unlawful to pay or offer to pay money or anything of value to the surrogate except for the medical and necessary living expenses related to the birth of the child as specified in the contract.

      4.  As used in this section, unless the context otherwise requires:

      (a) “Assisted conception” means a pregnancy resulting when an egg and sperm from the intended parents are placed in a surrogate through the intervention of medical technology.

      (b) “Intended parents” means a man and woman, married to each other, who enter into an agreement providing that they will be the parents of a child born to a surrogate through assisted conception.

      (c) “Surrogate” means an adult woman who enters into an agreement to bear a child conceived through assisted conception for the intended parents.

      Sec. 8.  NRS 129.020 is hereby amended to read as follows:

      129.020  1.  The disability of minority of any person otherwise eligible for guaranty or insurance of a loan pursuant to the Servicemen’s Readjustment Act of 1944, as amended [,] (38 U.S.C. §§ [694,] 3701 et seq.), and of the minor spouse of any eligible veteran, irrespective of his or her age, in connection with any transaction entered into pursuant to that act, as amended, is hereby removed for all purposes in connection with such transactions, including, but not limited to, incurring of indebtedness or obligations, [and] acquiring, encumbering, selling, releasing or conveying property or any interest therein, and litigating or settling controversies arising therefrom, if all or part of any obligations incident to such transaction [be] are guaranteed or insured by the [Administrator of Veterans’] Secretary of Veterans Affairs pursuant to such act.

      2.  This section [shall] must not be construed to impose any other or greater rights or liabilities than would exist if such person and such spouse were under no such disability.

      Sec. 9.  NRS 159.044 is hereby amended to read as follows:

      159.044  1.  Except as otherwise provided in NRS 127.045, a proposed ward, a governmental agency, a nonprofit corporation or any concerned person may petition the court for the appointment of a guardian.

      2.  The petition must state:

      (a) The name and address of the petitioner.

      (b) The name, age and address of the proposed ward.

      (c) Whether the proposed ward is a resident or nonresident of this state.

      (d) The names and addresses, so far as they are known to the petitioner, of the relatives of the proposed ward within the second degree.

      (e) The name and address of the proposed guardian.

      (f) A summary of the reasons why a guardian is needed.

      (g) Whether the appointment of a general or a special guardian is sought.


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ê1995 Statutes of Nevada, Page 1077 (Chapter 431, SB 496)ê

 

      (h) A general description and the probable value of the property of the proposed ward and any income to which he is entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the [Veterans’ Administration,] Department of Veterans Affairs, the petition must so state.

      (i) The name and address of any person or institution having the care, custody or control of the proposed ward.

      (j) The relationship, if any, of the petitioner to the proposed ward and the interest, if any, of the petitioner in the appointment.

      (k) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.

      Sec. 10.  NRS 159.0475 is hereby amended to read as follows:

      159.0475  1.  A copy of the citation must be served by certified mail, with a return receipt requested, on each person required to be served in subsection 2 of NRS 159.047 at least 20 days before the hearing.

      2.  If none of the persons on whom the citation is to be served can, after due diligence, be served by certified mail and this fact is proven, by affidavit, to the satisfaction of the court, service of the citation must be made in the manner provided by N.R.C.P. 4(e). In all such cases, the citation must be published at least 20 days before the date set for the hearing.

      3.  A citation need not be served on a person or an officer of an institution who has signed the petition or a written waiver of service of citation or who makes a general appearance.

      4.  If the proposed ward is receiving money paid or payable by the United States through the [Veterans’ Administration,] Department of Veterans Affairs, a copy of the citation must be mailed to any [Veterans’ Administration] office of the Department of Veterans Affairs in this state.

      5.  Notice shall be deemed sufficient if each person who is required to be served is mailed a copy of the citation at his last known address by means of certified mail with return receipt requested, and either a postal receipt has been returned evidencing delivery or the letter has been returned marked undelivered, but if none of the family members to whom notices have been mailed have been served, as evidenced by the return letters, notice shall be deemed to be sufficient only upon proof of publication of the citation.

      Sec. 11.  NRS 159.115 is hereby amended to read as follows:

      159.115  1.  Upon the filing of any petition under NRS 159.113, or any account, notice must be given in accordance with NRS 155.010 to 155.090, inclusive. The notice must:

      (a) Give the name of the ward.

      (b) Give the name of the petitioner.

      (c) Give the date, time and place of the hearing.

      (d) State the nature of the petition.

      (e) Refer to the petition for further particulars, and notify all persons interested to appear at the time and place mentioned in the notice and show cause why the order should not be made.

      2.  At least 10 days before the day of the hearing, the petitioner shall cause a copy of the notice to be mailed to the following:


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ê1995 Statutes of Nevada, Page 1078 (Chapter 431, SB 496)ê

 

      (a) Any minor ward over the age of 14 years.

      (b) The heirs at law and next of kin, so far as known to the petitioner, of the ward.

      (c) The guardian of the person of the ward, if he is not the petitioner.

      (d) Any person or institution having the care, custody or control of the ward.

      (e) Any [Veterans’ Administration] office of the Department of Veterans Affairs in this state if the ward is receiving any payments or benefits through the [Veterans’ Administration.] Department of Veterans Affairs.

      (f) Any other interested person or his attorney who has filed a request for notice in the guardianship proceeding and served a copy of the request upon the guardian. The request for notice must state the interest of the person filing the request, and his name and address, or that of his attorney. If the notice so requests, copies of all petitions and accounts must be mailed to that person or his attorney.

      Sec. 12.  NRS 160.020 is hereby amended to read as follows:

      160.020  As used in this chapter:

      1.  [“Administrator” means the Administrator of Veterans’ Affairs of the United States or his successor.

      2.] “Benefits” means all money payable by the United States through the [Veterans’ Administration.

      3.] Department of Veterans Affairs.

      2.  “Department of Veterans Affairs” means the Department of Veterans Affairs, its predecessors or successors.

      3.  “Estate” and “income” include only money received by the guardian from the [Veterans’ Administration] Department of Veterans Affairs and all earnings, interest and profits derived therefrom.

      4.  “Guardian” means any person acting as a fiduciary for a ward.

      5.  [“Veterans’ Administration” means the Veterans’ Administration, its predecessors or successors.] “Secretary” means the Secretary of Veterans Affairs of the United States or his successor.

      6.  “Ward” means a beneficiary of the [Veterans’ Administration.] Department of Veterans Affairs.

      Sec. 13.  NRS 160.030 is hereby amended to read as follows:

      160.030  Whenever, pursuant to any law of the United States or regulation of the [Veterans’ Administration, the Administrator requires, prior to] Department of Veterans Affairs, the Secretary requires the appointment of a guardian for a ward before the payment of benefits, [that a guardian be appointed for a ward, such appointment shall] the appointment must be made in the manner provided in this chapter.

      Sec. 14.  NRS 160.040 is hereby amended to read as follows:

      160.040  1.  Except as [hereinafter] otherwise provided in this section, it is unlawful for any person to accept appointment as guardian of any ward if such proposed guardian [shall] is at that time [be] acting as guardian for five wards. In any case, upon presentation of a petition by an attorney of the [Veterans’ Administration] Department of Veterans Affairs under this section alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting [forthwith] from such guardian and shall discharge such guardian in the case.


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substantiating the petition, shall require a final accounting [forthwith] from such guardian and shall discharge such guardian in the case.

      2.  The limitations of this section do not apply where the guardian is a bank or trust company acting for the wards’ estates only.

      3.  An individual may be guardian of more than five wards if they are all members of the same family.

      4.  The limitations of this section do not apply to the Nevada commissioner for veteran affairs or to a public guardian.

      Sec. 15.  NRS 160.050 is hereby amended to read as follows:

      160.050  1.  A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there [be] is no person so entitled or if the person so entitled [shall neglect or refuse] neglects or refuses to file such a petition within 30 days after the mailing of notice by the [Veterans’ Administration] Department of Veterans Affairs to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed in any court of competent jurisdiction by or on behalf of any responsible person residing in this state.

      2.  The petition for appointment [shall] must set forth the name, age [,] and place of residence of the ward, the names and places of residence of the nearest relatives, if known, and the fact that [such] the ward is entitled to receive [moneys] money payable by or through the [Veterans’ Administration, and shall] Department of Veterans Affairs, and must set forth the amount of [moneys] money then due and the amount of probable future payments.

      3.  The petition [shall] must also set forth the name and address of the person or institution, if any, having actual custody of the ward.

      4.  In case of a mentally incompetent ward the petition [shall] must show that such ward has been rated incompetent on examination by the [Veterans’ Administration] Department of Veterans Affairs in accordance with the laws and regulations governing the [Veterans’ Administration.] Department of Veterans Affairs.

      Sec. 16.  NRS 160.060 is hereby amended to read as follows:

      160.060  [Where] If a petition is filed for the appointment of a guardian of a minor ward, a certificate of the [Administrator] Secretary or his representative, setting forth the age of such minor as shown by the records of the [Veterans’ Administration] Department of Veterans Affairs and the fact that the appointment of a guardian is a condition precedent to the payment of any [moneys] money due the minor by the [Veterans’ Administration shall be] Department of Veterans Affairs, constitutes prima facie evidence of the necessity for such appointment.

      Sec. 17.  NRS 160.070 is hereby amended to read as follows:

      160.070  [Where] If a petition is filed for the appointment of a guardian of a mentally incompetent ward, a certificate of the [Administrator] Secretary or his representative, setting forth the fact that such person has been rated incompetent by the [Veterans’ Administration] Department of Veterans Affairs on examination in accordance with the laws and regulations governing the [Veterans’ Administration] Department of Veterans Affairs and that the appointment of a guardian is a condition precedent to the payment of any [moneys] money due such person by the [Veterans’ Administration, shall be] Department of Veterans Affairs, constitutes prima facie evidence of the necessity for such appointment.


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ê1995 Statutes of Nevada, Page 1080 (Chapter 431, SB 496)ê

 

Department of Veterans Affairs, constitutes prima facie evidence of the necessity for such appointment.

      Sec. 18.  NRS 160.100 is hereby amended to read as follows:

      160.100  1.  Every guardian [, who shall receive] who receives on account of his ward any [moneys] money from the [Veterans’ Administration,] Department of Veterans Affairs shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true and accurate account under oath of all [moneys] money so received by him [,] and of all disbursements thereof, and showing the balance thereof in his hands at the date of such account and how invested.

      2.  A certified copy of each of such accounts filed with the court [shall] must be sent by the guardian to the office of the [Veterans’ Administration] Department of Veterans Affairs having jurisdiction over the area in which the court is located. The court shall fix a time and place for the hearing on such account not less than 15 days or more than 30 days [from] after the date of filing [same] the account, and notice thereof [shall] must be given by the court to the [Veterans’ Administration office] concerned office of the Department of Veterans Affairs not less than 15 days [prior to] before the date fixed for the hearing.

      3.  Notice of such hearing [shall] must in like manner be given to the guardian.

      Sec. 19.  NRS 160.110 is hereby amended to read as follows:

      160.110  If any guardian [shall fail] fails to file any account of the [moneys] money received by him from the [Veterans’ Administration] Department of Veterans Affairs on account of his ward within 30 days after such account is required by either the court or the [Veterans’ Administration, or shall fail] Department of Veterans Affairs, or fails to furnish the [Veterans’ Administration] Department of Veterans Affairs with a copy of his accounts as required by this chapter, such failure [shall be] constitutes grounds for removal.

      Sec. 20.  NRS 160.120 is hereby amended to read as follows:

      160.120  Compensation payable to a guardian [shall] must not exceed 5 percent of the income of the ward during any year. In the event of extraordinary services rendered by any guardian , the court may, upon petition and after hearing thereon, authorize additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing [shall] must be given to the proper office of the [Veterans’ Administration] Department of Veterans Affairs in the manner provided in NRS 160.100. No compensation [shall] may be allowed on the corpus of an estate received from a preceding guardian. The guardian may be allowed from the estate of his ward reasonable premiums paid by him to any corporate surety upon his bond.

      Sec. 21.  NRS 160.140 is hereby amended to read as follows:

      160.140  A guardian shall not apply any portion of the estate of his ward for the support and maintenance of any person other than his ward, except upon order of the court after a hearing, notice of which has been given to the proper office of the [Veterans’ Administration] Department of Veterans Affairs in the manner provided in NRS 160.100.

      Sec. 22.  NRS 160.150 is hereby amended to read as follows:


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ê1995 Statutes of Nevada, Page 1081 (Chapter 431, SB 496)ê

 

      160.150  When a copy of any public record is required by the [Veterans’ Administration] Department of Veterans Affairs to be used in determining the eligibility of any person to participate in benefits made available by the [Veterans’ Administration,] Department of Veterans Affairs, the official charged with the custody of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf or the representative of the [Veterans’ Administration] Department of Veterans Affairs with a certified copy of such record.

      Sec. 23.  NRS 160.160 is hereby amended to read as follows:

      160.160  1.  In any proceeding under the laws of this state for involuntary court-ordered admission of a person alleged to be mentally ill or otherwise in need of confinement in a hospital or other institution for his care, the court may order the admission of that person to the [Veterans’ Administration or other] Department of Veterans Affairs or another agency of the Federal Government, whenever:

      (a) It is determined, after such adjudication of the status of that person as may be required by chapter 433A of NRS, that involuntary court-ordered admission to a hospital for mental disease or [other] another institution is necessary for safekeeping or treatment; and

      (b) It appears that he is eligible for care or treatment by the [Veterans’ Administration] Department of Veterans Affairs or any other agency that has facilities available and that he is eligible for care or treatment therein.

      2.  The person whose involuntary court-ordered admission is sought must be personally served with notice of the pending proceeding in the manner provided by chapter 433A of NRS. [Nothing in this chapter affects] This chapter does not affect that person’s right to appear and be heard in the proceedings.

      Sec. 24.  NRS 160.161 is hereby amended to read as follows:

      160.161  1.  Upon commitment, [such person shall be] a person is subject to the rules and regulations of the [Veterans’ Administration] Department of Veterans Affairs or other agency when admitted to any facility operated by any such agency within or without this state.

      2.  The chief officer of any facility of the [Veterans’ Administration] Department of Veterans Affairs or institution operated by any other agency of the United States to which the person is so committed [shall,] is, with respect to such person, [be] vested with the same powers as the institute director and the medical director of the Nevada mental health institute with respect to retention of custody, transfer, parole or discharge.

      3.  The committing court shall retain jurisdiction:

      (a) To inquire, at any time, into the mental condition of persons so committed.

      (b) To determine the necessity for the continuance of his restraint.

      Sec. 25.  NRS 160.162 is hereby amended to read as follows:

      160.162  1.  Upon receipt of a certificate of the [Veterans’ Administration or such other] Department of Veterans Affairs or another agency of the United States that facilities are available for the care or treatment of any person [heretofore] previously committed to the Nevada mental health institute and that such person is eligible for care or treatment, the institute director of the Nevada mental health institute may cause the transfer of such person to the [Veterans’ Administration] Department of Veterans Affairs or other agency of the United States for care or treatment.


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ê1995 Statutes of Nevada, Page 1082 (Chapter 431, SB 496)ê

 

the [Veterans’ Administration] Department of Veterans Affairs or other agency of the United States for care or treatment.

      2.  The committing court [shall] must be notified by the institute director of the Nevada mental health institute upon effecting such transfer.

      3.  No person [shall] may be transferred to the [Veterans’ Administration] Department of Veterans Affairs or such other agency of the United States if he [be] is confined pursuant to a conviction of a felony or misdemeanor or if he has been acquitted of the charge solely on the ground of insanity, unless [prior to] before the transfer the court originally committing such person [shall enter] enters an order for [such] the transfer after appropriate motion and hearing.

      4.  Any person transferred as provided in this section shall be deemed to be committed to the [Veterans’ Administration] Department of Veterans Affairs or other agency of the United States pursuant to the original commitment.

      Sec. 26.  NRS 160.170 is hereby amended to read as follows:

      160.170  When a minor ward for whom a guardian has been appointed under the provisions of this chapter or other laws of this state [shall have attained his or her] attains his majority, and if incompetent [shall be] is declared competent by the [Veterans’ Administration] Department of Veterans Affairs and the court, and when any incompetent ward, not a minor, [shall be] is declared competent by the [Veterans’ Administration] Department of Veterans Affairs and the court, the guardian [shall,] must, upon making a satisfactory accounting, be discharged upon a petition filed for that purpose.

      Sec. 27.  NRS 160.180 is hereby amended to read as follows:

      160.180  This chapter [shall] must be construed liberally to secure the beneficial intents and purposes thereof and [shall apply] applies only to beneficiaries of the [Veterans’ Administration.] Department of Veterans Affairs.

      Sec. 28.  NRS 174.385 is hereby amended to read as follows:

      174.385  Failure by any person without adequate excuse to obey a subpoena of a court or a [district] prosecuting attorney served upon him or, in the case of a subpoena issued by a [district] prosecuting attorney, delivered to him and accepted, shall be deemed a contempt of the court from which the subpoena issued or, in the case of a subpoena issued by a [district] prosecuting attorney, of the court in which the investigation is pending or the indictment, information or complaint is to be tried.

      Sec. 29.  NRS 207.040 is hereby amended to read as follows:

      207.040  All persons having the physical ability to work, convicted of [vagrancy] violating NRS 207.030 and imprisoned therefor, may be required to perform labor on the public works, buildings, grounds or ways in the county, and the sheriff or other person having them in charge while performing such labor may employ any usual, reasonable, humane and sufficient means to guard against and prevent any such prisoner escaping from custody while being so employed.

      Sec. 30.  NRS 207.050 is hereby amended to read as follows:

      207.050  For each day’s work willingly and faithfully performed by [such vagrant he shall] a person convicted of violating NRS 207.030, the person must receive credit for 2 days’ time, which [shall be by the sheriff] must be applied upon and deducted from his term of imprisonment [.]


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ê1995 Statutes of Nevada, Page 1083 (Chapter 431, SB 496)ê

 

must receive credit for 2 days’ time, which [shall be by the sheriff] must be applied upon and deducted from his term of imprisonment [.] by the sheriff.

      Sec. 31.  NRS 207.070 is hereby amended to read as follows:

      207.070  The sheriff shall, during fair and reasonable weather, when the same can be done without extra expense to the county, procure employment for and set at work such [convicted vagrants] persons convicted of violating NRS 207.030 who are serving out their term of imprisonment; and to this end, upon application of any road supervisor, superintendent, foreman or other overseer or custodian of any public works, buildings or grounds, he may deliver into the custody and charge of such person making the application such prisoners, to do labor as [herein] required, who after working hours of the day, or after suspension of labor from any cause, [shall] must be returned into the custody of the sheriff of the county for safekeeping until again required for labor.

      Sec. 32.  NRS 228.300 is hereby amended to read as follows:

      228.300  As used in NRS 228.300 to 228.390, inclusive, unless the context otherwise requires:

      1.  “Consumer’s advocate” means the advocate for customers of public utilities.

      2.  “Cooperative utility” means a cooperative association or nonprofit corporation or association which supplies utility services for the use of its own members only.

      3.  “Public interest” means the interests or rights of the State of Nevada and of the citizens of the state, or a broad class of those citizens, which arise from the constitutions, court decisions and statutes of this state and of the United States and from the common law [. As used in NRS 228.300 to 228.390, inclusive, the term refers to] , as those interests and rights [as they] relate to the regulation of public utilities.

      Sec. 33.  NRS 239.020 is hereby amended to read as follows:

      239.020  Whenever a copy of any public record is required by the [Veterans’ Administration] Department of Veterans Affairs to be used in determining the eligibility of any person to participate in benefits made available by the [Veterans’ Administration,] Department of Veterans Affairs, the official charged with the custody of such public record shall, without charge, provide the applicant for the benefit or any person acting on his behalf or the representative of the [Veterans’ Administration] Department of Veterans Affairs with a certified copy or copies of such records.

      Sec. 34.  NRS 281.501 is hereby amended to read as follows:

      281.501  1.  Except as otherwise provided in subsection 2 or 3, a member of the legislative branch may vote upon a matter if the benefit or detriment accruing to him as a result of the decision either individually or in a representative capacity as a member of a general business, profession, occupation or group [,] is not greater than that accruing to any other member of the general business, profession, occupation or group.

      2.  In addition to the requirements of the code of ethical standards, a member of the legislative branch shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by:


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ê1995 Statutes of Nevada, Page 1084 (Chapter 431, SB 496)ê

 

      (a) His acceptance of a gift or loan;

      (b) His pecuniary interest; or

      (c) His commitment in a private capacity to the interest of others.

It must be presumed that the independence of judgment of a reasonable person would not be materially affected by his pecuniary interest where the resulting benefit or detriment accruing to him is not greater than that accruing to any other member of the general business, profession, occupation or group.

      3.  A public officer or employee shall not approve, disapprove, vote, abstain from voting [,] or otherwise act upon any matter:

      (a) Regarding which he has accepted a gift or loan;

      (b) Which would reasonably be affected by his commitment in a private capacity to the interest of others; or

      (c) In which he has a pecuniary interest,

without disclosing the full nature and extent of the gift, loan, commitment or interest. Such a disclosure must be made at the time the matter is considered. If the officer or employee is a member of a body which makes decisions, he shall make the disclosure in public to the chairman and other members of the body. If the officer or employee is not a member of such a body and holds an appointive office, he shall make the disclosure to the supervisory head of his organization or, if he holds an elective office, to the general public in the area from which he is elected.

      4.  If a member of the legislative branch declares to the legislative body or committee in which the vote is to be taken that he will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule , [of a board of county commissioners or governing body of a city,] is reduced as though the member abstaining were not a member of the body or committee.

      5.  If a member of the legislative branch is voting on a matter which affects public employees, he shall make a full public disclosure of any personal pecuniary interest which he may have in the matter.

      Sec. 35.  NRS 294A.270 is hereby amended to read as follows:

      294A.270  1.  Except as otherwise provided in subsection 2, each committee for the recall of a public officer shall, not later than:

      (a) Fifteen days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to 20 days before the special election; and

      (b) Thirty days after the election, for the remaining period up to the election,

report each contribution received or made by the committee in excess of $500 on a form provided by the secretary of state and signed under the penalty for perjury.

      2.  If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each contribution received or made by the committee in excess of $500.


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      3.  If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, report each contribution received or made by the committee in excess of $500.

      4.  Each report of contributions must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

      5.  Each contribution, whether from or to a natural person, association or corporation, in excess of $500, and contributions which a contributor or the committee has made cumulatively in excess of that amount since the beginning of the first reporting period, must be separately identified with the name and address of the contributor or person to whom the contribution was given and the date of the contribution or contributions, tabulated and reported on the form provided by the secretary of state.

      6.  Any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor. This subsection does not affect any penalty which may be imposed for the commission of perjury or subornation of perjury with regard to any reports required by this section.

      Sec. 36.  NRS 294A.280 is hereby amended to read as follows:

      294A.280  1.  Except as otherwise provided in subsection 3, each committee for the recall of a public officer shall, not later than:

      (a) Fifteen days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to 20 days before the special election; and

      (b) Thirty days after the election, for the remaining period up to the election,

report each expenditure made by the committee in excess of $500 on a form provided by the secretary of state and signed under the penalty for perjury.

      2.  If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each expenditure made by the committee in excess of $500.

      3.  If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, report each expenditure made by the committee in excess of $500.

      4.  The report must also include identification of expenditures which the committee for the recall of a public officer made cumulatively in excess of $500 since the beginning of the first reporting period.

      5.  Each report of expenditures must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

      6.  Any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor. This subsection does not affect any penalty which may be imposed for the commission of perjury or subornation of perjury with regard to any reports required by this section.


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which may be imposed for the commission of perjury or subornation of perjury with regard to any reports required by this section.

      Sec. 37.  NRS 315.510 is hereby amended to read as follows:

      315.510  In the operation or management of housing projects an authority shall at all times observe the following duties with respect to rentals and tenant admissions:

      1.  It may rent or lease the dwelling accommodations therein only to persons of low income [,] and, as among [low income persons which] low-income persons who are eligible applicants for occupancy in dwellings of given sizes and at specified rents, shall extend the following preferences in the selection of tenants:

      (a) First: To families [which] who are to be displaced by any low-rent housing project or by any public slum clearance or redevelopment project initiated after January 1, 1947, or [which] who were so displaced with 3 years [prior to] before making application on authority for admission to any low-rent housing . [; and as among] Among such families first preference [shall] must be given to families of disabled veterans whose disability has been determined by the [Veterans’ Administration] Department of Veterans Affairs to be service connected, [and] second preference [shall] must be given to families of deceased veterans and servicemen whose death has been determined by the [Veterans’ Administration] Department of Veterans Affairs to be service connected, and third preference [shall] must be given to families of other veterans and servicemen.

      (b) Second: To families of other veterans and servicemen . [and as among] Among such families first preference [shall] must be given to families of disabled veterans whose disability has been determined by the [Veterans’ Administration] Department of Veterans Affairs to be service connected, and second preference [shall] must be given to families of deceased veterans and servicemen whose death has been determined by the [Veterans’ Administration] Department of Veterans Affairs to be service connected.

      2.  It may rent or lease to a tenant dwelling accommodations consisting of a number of rooms [(but] , but no greater [number)] number, which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding.

      3.  An authority shall not accept any person or persons as tenants in any housing project if the person or persons who occupy the dwelling accommodations have, at the time of admission, an aggregate annual net income, less an exemption of $200 for each minor member of the family other than the head of the family and his spouse, in excess of 7 times the annual rental of the quarters to be furnished such person or persons; but an authority may agree to conditions as to tenant eligibility or preference required by the Federal Government pursuant to federal law in any contract for financial assistance with the authority. In computing the rental for this purpose of admitting tenants, there [shall] must be included in the rental the average annual cost [(as] , as determined by the [authority)] authority, to occupants of heat, water, electricity, gas, cooking fuel [,] and other necessary services or facilities, whether or not the charge for such services and facilities is included in the rental.

      Sec. 38.  NRS 341.060 is hereby amended to read as follows:


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ê1995 Statutes of Nevada, Page 1087 (Chapter 431, SB 496)ê

 

      341.060  Within a reasonable time after the appointment of the members of the board, the board shall meet upon the call of the governor and shall organize [by electing a chairman and] and elect a vice chairman.

      Sec. 39.  NRS 361.085 is hereby amended to read as follows:

      361.085  1.  The property of all [totally] blind persons, not to exceed the amount of $3,000 of assessed valuation, is exempt from taxation, including community property to the extent only of the [totally] blind person’s interest therein, but no such exemption may be allowed to anyone but [actual] bona fide residents of this state, and must be allowed in but one county in this state to the same family.

      2.  The person claiming such an exemption shall file with the county assessor an affidavit declaring his residency and that the exemption has been claimed in no other county in this state for that year. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      3.  Upon first claiming the exemption in a county the claimant shall furnish to the assessor a certificate of a physician licensed under the laws of this state setting forth that he has examined the claimant and has found him to be a [totally] blind person.

      4.  As used in this section, [“totally blind persons”] “blind person” includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.

      Sec. 40.  NRS 361.091 is hereby amended to read as follows:

      361.091  1.  [An actual] A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a disabled veteran’s exemption.

      2.  The amount of exemption is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $10,000 assessed valuation. A person with a permanent service-connected disability of:

      (a) Eighty to 99 percent, inclusive, is entitled to an exemption of $7,500 assessed value.

      (b) Sixty to 79 percent, inclusive, is entitled to an exemption of $5,000 assessed value.

For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.

      3.  The exemption may be allowed only to a claimant who has filed an affidavit with his claim for exemption on real property pursuant to NRS 361.155. The affidavit may be made at any time by a person claiming an exemption from taxation on personal property.

      4.  The affidavit must be made before the county assessor or a notary public and be submitted to the county assessor. It must be to the effect that the affiant is [an actual] a bona fide resident of the State of Nevada, that he meets all the other requirements of subsection 1 [,] and that he does not claim the exemption in any other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person.


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ê1995 Statutes of Nevada, Page 1088 (Chapter 431, SB 496)ê

 

affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      5.  Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of the applicant’s status, and for that purpose shall require him to produce an original or certified copy of:

      (a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his permanent service-connected disability;

      (b) A certificate of satisfactory service which indicates the total percentage of his permanent service-connected disability; or

      (c) A certificate from the [Veterans’ Administration] Department of Veterans Affairs or any other military document which shows that he has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service.

      6.  A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that:

      (a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death;

      (b) The disabled veteran was eligible for the exemption at the time of his death or would have been eligible if he had been a resident of the State of Nevada;

      (c) The surviving spouse has not remarried; and

      (d) The surviving spouse is [an actual] a bona fide resident of the State of Nevada.

The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      7.  If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.

      8.  If any person makes a false affidavit or produces false proof to the county assessor or a notary public, and as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.

      Sec. 41.  NRS 361.1565 is hereby amended to read as follows:

      361.1565  The personal property tax exemption to which a widow, orphan child, [totally] blind person, veteran or surviving spouse of a disabled veteran is entitled under NRS 361.080, 361.085, 361.090 or 361.091 is reduced to the extent that he is allowed an exemption from the vehicle privilege tax under chapter 371 of NRS.

      Sec. 42.  NRS 371.102 is hereby amended to read as follows:

      371.102  1.  Vehicles registered by a [totally] blind person, not to exceed the amount of $3,000 determined valuation, are exempt from taxation, but the exemption must not be allowed to anyone but [actual] bona fide residents of this state, and must be filed in but one county in this state to the same family.


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ê1995 Statutes of Nevada, Page 1089 (Chapter 431, SB 496)ê

 

exemption must not be allowed to anyone but [actual] bona fide residents of this state, and must be filed in but one county in this state to the same family.

      2.  The person claiming the exemption shall file with the department in the county where the exemption is claimed an affidavit declaring his residency and that the exemption has been claimed in no other county in this state for that year. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      3.  Upon first claiming such exemption in a county the claimant shall furnish to the department a certificate of a physician licensed under the laws of this state setting forth that he has examined the claimant and has found him to be a [totally] blind person.

      4.  As used in this section [“totally blind] , “blind person” includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.

      Sec. 43.  NRS 371.104 is hereby amended to read as follows:

      371.104  1.  [An actual] A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a veteran’s exemption from the payment of vehicle privilege taxes on vehicles of the following determined valuations:

      (a) If he has a disability of 100 percent, the first $10,000 of determined valuation;

      (b) If he has a disability of 80 to 99 percent, inclusive, the first $7,500 of determined valuation; or

      (c) If he has a disability of 60 to 79 percent, inclusive, the first $5,000 of determined valuation.

      2.  For the purpose of this section, the first $10,000 determined valuation of vehicles in which an applicant has any interest shall be deemed to belong entirely to that person.

      3.  A person claiming the exemption shall file annually with the department in the county where the exemption is claimed an affidavit declaring that he is [an actual] a bona fide resident of the State of Nevada who meets all the other requirements of subsection 1, and that the exemption is claimed in no other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      4.  Before allowing any exemption pursuant to the provisions of this section, the department shall require proof of the applicant’s status, and for that purpose shall require production of:

      (a) A certificate from the [Veterans’ Administration] Department of Veterans Affairs that the veteran has incurred a permanent service-connected disability, which shows the percentage of that disability; and

      (b) Any one of the following:

             (1) An honorable discharge;


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ê1995 Statutes of Nevada, Page 1090 (Chapter 431, SB 496)ê

 

             (2) A certificate of satisfactory service; or

             (3) A certified copy of either of these documents.

      5.  A surviving spouse claiming an exemption pursuant to this section must file with the department in the county where the exemption is claimed an affidavit declaring that:

      (a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death;

      (b) The disabled veteran was eligible for the exemption at the time of his death; and

      (c) The surviving spouse has not remarried.

The affidavit required by this subsection is in addition to the certification required pursuant to subsections 3 and 4. After the filing of the original affidavit required by this subsection, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      6.  If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 371.103.

      7.  If any person makes a false affidavit or produces false proof to the department, and as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.

      Sec. 44.  NRS 375A.325 is hereby amended to read as follows:

      375A.325  Proceedings for the collection of any tax imposed by NRS 375A.100 may be commenced at any time after the tax is due and within 10 years [from] after the time a determination of [delinquency] deficiency is issued.

      Sec. 45.  NRS 375B.350 is hereby amended to read as follows:

      375B.350  Proceedings for the collection of any tax imposed by NRS 375B.100 may be commenced at any time after the tax is due and within 10 years after the time a determination of [delinquency] deficiency is issued.

      Sec. 46.  NRS 417.070 is hereby amended to read as follows:

      417.070  1.  The office of the commissioner [shall] must be located in the same city where the state branch office of the [Veterans’ Administration] Department of Veterans Affairs maintains its state administrative bureau, and if such office [be] is discontinued in the State of Nevada, then at such place as the governor may designate.

      2.  The office of the deputy commissioner [shall] must be maintained at Las Vegas, Nevada.

      3.  The deputy commissioner shall serve in his district, which [shall be] consists of Clark, Lincoln, Nye and Esmeralda Counties. The commissioner shall serve the other counties of the state.

      Sec. 47.  NRS 417.110 is hereby amended to read as follows:

      417.110  1.  Subject to the provisions of subsection 2, the commissioner may act as guardian of the estate of:

      (a) The minor child of a deceased veteran.

      (b) An insane or incompetent veteran.


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ê1995 Statutes of Nevada, Page 1091 (Chapter 431, SB 496)ê

 

      (c) A person who is certified by the [Veterans’ Administration] Department of Veterans Affairs as having money due from the [Veterans’ Administration,] Department of Veterans Affairs, the payment of which is dependent upon the appointment of a guardian for the person.

      2.  The commissioner may act as guardian as provided in subsection 1 only if at the time of appointment the estate, exclusive of money paid or to be paid by the Federal Government, does not exceed $2,500 in personal property or $3,500 in real property, or $2,500 in personal property and $3,500 in real property.

      3.  If a person for whom the commissioner acts as guardian receives a monthly income of $500 or more, the commissioner may charge a fee of 5 percent of the income of the estate of the person to pay for the expenses of providing the guardianship service.

      Sec. 48.  NRS 417.220 is hereby amended to read as follows:

      417.220  1.  Money received by the commissioner or the deputy commissioner from:

      (a) Fees pursuant to subsection 3 of NRS 417.210;

      (b) Allowances for burial from the [Veterans’ Administration] Department of Veterans Affairs or the Social Security Administration;

      (c) Appropriations made by the legislature for veterans’ cemeteries; and

      (d) Gifts of money or proceeds derived from the sale of gifts of personal property he is authorized to accept,

must be deposited with the state treasurer for credit to the account for a veterans’ cemetery in northern Nevada or the account for a veterans’ cemetery in southern Nevada, whichever is appropriate, in the state general fund.

      2.  The interest and income earned on the money in the accounts, after deducting any applicable charges, must be credited to the accounts.

      3.  The money in each account must only be used for the operation and maintenance of the cemetery for which the account was created.

      4.  Gifts of personal property which the commissioner or the deputy commissioner is authorized to receive but which are not appropriate for conversion to money may be used in kind.

      Sec. 49.  NRS 423.235 is hereby amended to read as follows:

      423.235  1.  Except as otherwise provided in NRS 423.230, all money received by a child in the northern Nevada children’s home or the southern Nevada children’s home, including, but not limited to, social security benefits, benefits paid to heirs of United States employees and payments payable by the United States through the [Veterans’ Administration,] Department of Veterans Affairs, must be held by the superintendent in trust for the child.

      2.  The superintendent as trustee shall accumulate such money during the period the child is a ward of the state under the provisions of chapter 423 of NRS, and shall invest such money subject to the provisions of NRS 164.050, 164.060 and 164.065.

      3.  The superintendent shall:

      (a) Keep a separate account for each child who receives money.

      (b) Deduct from the account the costs for the care and support of the child that are provided by the state, excluding any amount for which a county is responsible. If the child is placed in foster care, money in the account may be used for payments to a foster parent.


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ê1995 Statutes of Nevada, Page 1092 (Chapter 431, SB 496)ê

 

used for payments to a foster parent. Any surplus remaining may be expended for extraordinary items deemed beneficial to the child.

      (c) Remit any surplus balance to the child or his parent or legal guardian upon release from the school.

      4.  The superintendent may be removed as trustee of such money only upon application to the district court for the county in which the children’s home is located. The district court may, for good cause shown and upon notice to the beneficiary, relieve the superintendent from his duties as trustee.

      Sec. 50.  NRS 433A.420 is hereby amended to read as follows:

      433A.420  The medical director of a division facility may order the transfer to a [United States Veterans’ Administration] hospital of the Department of Veterans Affairs or other facility of the United States Government any admitted client eligible for treatment therein. If the client in any manner objects to the transfer, the medical director of the facility [must] shall enter the objection and a written justification of the transfer in the client’s record and [forthwith] forward a notice of the objection to the administrator, and the commission shall review the transfer pursuant to subsections 2 and 3 of NRS 433.534.

      Sec. 51.  NRS 439A.030 is hereby amended to read as follows:

      439A.030  1.  The state health coordinating council is hereby created. The council consists of at least seven members appointed by the governor. Between 50 and 60 percent of the members of the council must be persons who are recipients of health services and not providers of health services.

      2.  Each health systems agency is entitled to the same number of representatives, no fewer than two, on the council. Of the representatives of each health systems agency, between 50 and 60 percent must be persons who are recipients of health services and not providers of health services.

      3.  If one or more hospitals or other health care facilities of the [Veterans’ Administration] Department of Veterans Affairs are located in the state, the council [shall,] must, in addition to the appointed members, include as a nonvoting member a person whom the Chief Medical Director of the [Veterans’ Administration] Department of Veterans Affairs designates as a representative of such a facility or facilities.

      4.  The council shall select a chairman from among its members.

      5.  The council may meet regularly at least once in each calendar quarter of a year.

      Sec. 52.  NRS 502.072 is hereby amended to read as follows:

      502.072  The division shall issue without charge any license authorized under the provisions of this chapter, upon satisfactory proof of the requisite facts to any [actual] bona fide resident of the State of Nevada who has incurred a service-connected disability which is considered to be 50 percent or more by the [United States Veterans’ Administration] Department of Veterans Affairs and has received upon severance from service an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States.

      Sec. 53.  NRS 502.240 is hereby amended to read as follows:

      502.240  The division shall issue annual licenses and limited permits:

      1.  To any person who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of $5 for an annual fishing or hunting license or $9 for a combination hunting and fishing license.


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ê1995 Statutes of Nevada, Page 1093 (Chapter 431, SB 496)ê

 

of Nevada for 6 months immediately preceding his application for a license, upon the payment of $5 for an annual fishing or hunting license or $9 for a combination hunting and fishing license.

      2.  To any person who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon payment of $5 for an annual trapping license.

      3.  Except as otherwise provided in NRS 502.245 and 504.390, to any person who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of:

 

For a fishing license........................................................................       $15.00

For a 10-day permit to fish..............................................................         10.00

For a 3-day permit to fish................................................................           6.00

For a hunting license.......................................................................         20.00

For a combined hunting and fishing license...............................         33.50

For a trapping license......................................................................         30.50

For a fur dealer’s license.................................................................         50.00

For an annual master guide’s license...........................................       250.00

For an annual subguide’s license.................................................         75.00

 

      4.  To any person who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of $8 for an annual fishing license, except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which annual license must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $30.

      5.  Except as otherwise provided in subsection 4, to any person, not a bona fide resident of the State of Nevada, upon the payment of:

 

For a fishing license, except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which license must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $30...........................         $45

For a 10-day permit to fish................................................................           30

For a 3-day permit to fish..................................................................           17

For a hunting license.........................................................................         100

For an annual trapper’s license........................................................         150

For a fur dealer’s license...................................................................         100

For an annual master guide’s license..............................................         500

For an annual subguide’s license....................................................         150

For a 10-year permit to hunt upland game and waterfowl............           50

 

      6.  To any person, without regard to residence, upon the payment of:


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ê1995 Statutes of Nevada, Page 1094 (Chapter 431, SB 496)ê

 

For a noncommercial license for the possession of live wildlife [culturing facility]....................................................................................           $5

For a commercial or private shooting preserve.............................         100

For a commercial license for the possession of live wildlife [culturing facility].................................................................................................         100

For a live bait dealer’s permit...........................................................           35

For a competitive field trials permit.................................................           25

For a permit to train dogs or falcons...............................................             5

For a falconry license........................................................................           30

For an importation permit..................................................................             5

For an import eligibility permit.........................................................           25

For an exportation permit..................................................................             5

For a permit to maintain a collection of live wild animals.............           10

For any other special permit issued by the division, a fee not to exceed $100 set by the commission.

      Sec. 54.  NRS 598.0915 is hereby amended to read as follows:

      598.0915  A person engages in a “deceptive trade practice” when in the course of his business or occupation he:

      1.  Knowingly passes off goods or services as those of another.

      2.  Knowingly makes a false representation as to the source, sponsorship, approval or certification of goods or services.

      3.  Knowingly makes a false representation as to affiliation, connection, association with or certification by another.

      4.  Uses deceptive representations or designations of geographic origin in connection with goods or services.

      5.  Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations or quantities of goods or services or a false representation as to the sponsorship, approval, status, affiliation or connection of a person therewith.

      6.  Represents that goods are original or new if he knows or should know that they are deteriorated, altered, reconditioned, reclaimed, used or secondhand.

      7.  Represents that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if he knows or should know that they are of another.

      8.  Disparages the goods, services or business of another by false or misleading representation of fact.

      9.  Advertises goods or services with intent not to sell them as advertised.

      10.  Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.

      11.  Advertises under the guise of obtaining sales personnel when in fact the purpose is to first sell [a product or service] goods or services to the sales personnel applicant.

      12.  Makes false or misleading statements of fact concerning the price of goods or services, or the reasons for, existence of or amounts of price reductions.


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ê1995 Statutes of Nevada, Page 1095 (Chapter 431, SB 496)ê

 

      Sec. 55.  NRS 612.015 is hereby amended to read as follows:

      612.015  As used in this chapter, unless the context clearly requires otherwise, [words shall have the meanings assigned in the definitions hereafter set forth.] the words and terms defined in NRS 612.016 to 612.200, inclusive, have the meanings ascribed to them in those sections.

      Sec. 56.  NRS 616.4982 is hereby amended to read as follows:

      616.4982  1.  The manager may invest in bonds or notes that are:

      (a) Guaranteed by the [Veterans’ Administration] Department of Veterans Affairs under the Servicemen’s Readjustment Act of 1944 [(as from time to time amended),] , as amended, or otherwise guaranteed by the United States of America [,] or by any agency or instrumentality of the United States of America, so as to give the investor protection essentially the same as that provided by the Servicemen’s Readjustment Act, in which case the loan amount at the time of investment by the manager may equal the unpaid principal balance; or

      (b) Insured under the National Housing Act or under the Farmers Home Administration Act of 1946 [(as from time to time amended),] , as amended, in which case the loan amount at the time of investment by the manager may equal the amount of the loan insurance provided.

      2.  The manager shall not in any manner, either directly or indirectly, invest in real estate mortgages that are junior to first mortgages.

      3.  The manager shall not invest more than 20 percent of the system’s assets in the securities described in this section.

      4.  No mortgage loan upon a leasehold may be made or acquired pursuant to this section unless the terms thereof provide for amortization payments to be made by the borrower on the principal at least once in each year in amounts sufficient completely to amortize the loan within a period of four-fifths of the term of the leasehold, inclusive of the term which may be provided by an enforceable option of renewal, which is unexpired at the time the loan is made, but in no event more than 30 years.

      5.  The manager may enter into servicing agreements with qualified mortgage servicing institutions for the handling of mortgage service details, and may reimburse the institutions the customary fee charged by the trade. The servicing institution shall furnish to the manager each month, with respect to each mortgage serviced, postings of all cash transactions affecting each mortgage and, at the end of each calendar year, a completely posted ledger sheet for each separate mortgage serviced, giving all cash transactions affecting each mortgage.

      Sec. 57.  NRS 616.49831 is hereby amended to read as follows:

      616.49831  The manager may invest and reinvest the money in the funds of the system in:

      1.  [Commercial paper as it is] Negotiable instruments as they are set forth in the Uniform Commercial [Code–Commercial Paper,] Code–Negotiable Instruments, NRS 104.3101 et seq. Eligible [commercial paper] negotiable instruments may not exceed 180 days’ maturity and must be of prime quality as defined by a nationally recognized organization which rates such securities. It is further limited to issuing corporations with net worth in excess of $50 million which are incorporated under the laws of the United States or any state thereof or the District Columbia.


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ê1995 Statutes of Nevada, Page 1096 (Chapter 431, SB 496)ê

 

      2.  Collective or part interest in [commercial paper] negotiable instruments held by national banks and issued by companies whose [commercial paper meets] negotiable instruments meet the requirements prescribed in subsection 1.

      3.  Bankers’ acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System.

      4.  Time certificates of deposit issued by commercial banks or insured savings and loan associations.

      5.  Savings accounts in state banks, located in and organized under the laws of this state, or national banks.

      6.  Savings accounts in insured savings and loan associations located in or organized under the laws of this state.

      Sec. 58.  NRS 627.180 is hereby amended to read as follows:

      627.180  1.  Except for savings and loan associations, state banks and national banking associations, licensed to do business in the State of Nevada, under the laws of the State of Nevada [,] or under the laws of the United States, [or] title insurers or underwritten title insurance companies authorized to do business in the State of Nevada, or lenders of construction loan [moneys] money for dwelling units who are approved by the Federal Housing Administration or Department of Veterans [Administration] Affairs and who have been licensed and authorized to do business in the State of Nevada, every construction control doing business in the State of Nevada shall, within 30 days immediately following July 1, 1965, file with the state contractors’ board a bond, executed by some corporation authorized to issue surety bonds in this state, in a penal sum equal to 1 1/4 times the amount of capital in the business but in no event less than $20,000, and such bond [shall] must be kept in full force and effect or replaced by a like bond as a condition to continuing to do business as a construction control in the State of Nevada.

      2.  The form of the bond required is as follows:

 

Bond No.

 

CONSTRUCTION CONTROL BOND

 

Know All Men by These Presents:

      That I, ………………………….., having a principal place of business in ……………………………………………., Nevada, as principal, and ………………………….., a corporation licensed to execute surety bonds under the provisions of the Nevada Insurance Code, as surety, are held and firmly bound to the State of Nevada, for the use of any person by whom funds are entrusted to the principal or to whom funds are payable by the principal, in the sum of ……………. Dollars, lawful money of the United States of America, to be paid to the State of Nevada, for which payment well and truly to be made we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents:

      The Condition of the Above Obligation Is Such That:


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ê1995 Statutes of Nevada, Page 1097 (Chapter 431, SB 496)ê

 

      Whereas, Under the Construction Control Law, certain duties, obligations and requirements are imposed upon all persons, copartnerships, associations or corporations acting as construction controls;

      Now, Therefore, If the principal and its agents and employees shall faithfully and in all respects conduct business as a construction control in accordance with the provisions of the Construction Control Law, this obligation shall be void, otherwise to remain in full force and effect;

      Provided, However, That the surety or sureties may cancel this bond and be relieved of further liability hereunder by delivering 30 days’ written notice of cancellation to the principal; however, such cancellation shall not affect any liability incurred or accrued hereunder prior to the termination of such 30-day period;

      Provided, Further, That the total aggregate liability of the surety or sureties herein for all claims which may arise under this bond shall be limited to the payment of ……………. Dollars.

      In Witness Whereof, The principal and surety have hereunto set their hands this …………………………….. day of

…………………………….., 19……

 

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

                                                                           By.........................................................

                                                                                                                           Principal

 

                                                                (Surety)

                                                                           By.........................................................

                                                                                                                          Attorney

      Sec. 59.  NRS 631.390 is hereby amended to read as follows:

      631.390  Except as otherwise provided in subsection 2 of NRS 631.317, [nothing in this chapter applies] this chapter does not apply to:

      1.  A legally qualified physician or surgeon unless he practices dentistry as a specialty.

      2.  A dentist or dental hygienist of the United States Army, Navy, Air Force, Public Health Service, Coast Guard or [Veterans’ Administration] Department of Veterans Affairs in the discharge of his official duty.

      Sec. 60.  NRS 637A.025 is hereby amended to read as follows:

      637A.025  1.  This chapter does not apply to any physician licensed to practice medicine in Nevada nor to the [Veterans’ Administration] hearing aid dispensing program [.] of the Department of Veterans Affairs.

      2.  This chapter does not apply to any person who measures human hearing for any purpose, including the selection of hearing aids, if such person does not dispense hearing aids or accessories.

      Sec. 61.  NRS 645B.010 is hereby amended to read as follows:

      645B.010  As used in this chapter, unless the context otherwise requires:

      1.  “Commissioner” means the commissioner of financial institutions.

      2.  “Division” means the division of financial institutions of the department of business and industry.

      3.  “Depository financial institution” means a bank, savings and loan association, thrift company or credit union.

      [3.] 4.  “Mortgage company” means any person who, directly or indirectly:


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ê1995 Statutes of Nevada, Page 1098 (Chapter 431, SB 496)ê

 

      (a) Holds himself out for hire to serve as an agent for any person in an attempt to obtain a loan which will be secured by a lien on real property;

      (b) Holds himself out for hire to serve as an agent for any person who has money to lend, if the loan is or will be secured by a lien on real property;

      (c) Holds himself out as being able to make loans secured by liens on real property, unless the loans are made pursuant to subsection 8 or 10 of NRS 645B.015;

      (d) Holds himself out as being able to buy or sell notes secured by liens on real property; or

      (e) Offers for sale in this state any security which is exempt from registration under state or federal law and purports to make investments in promissory notes secured by liens on real property.

      Sec. 62.  NRS 645B.015 is hereby amended to read as follows:

      645B.015  Except as otherwise provided in subsection 5 of NRS 645B.020, the provisions of this chapter do not apply to:

      1.  Any person doing business under the laws of this state, any other state or the United States relating to banks, savings banks, trust companies, savings and loan associations, consumer finance companies, industrial loan companies, credit unions, thrift companies or insurance companies, unless the business conducted in this state is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required.

      2.  A real estate investment trust , as defined in 29 U.S.C. § 856, unless the business conducted in this state is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required.

      3.  An employee benefit plan , as defined in 29 U.S.C. § 1002(3) , if the loan is made directly from money in the plan by the plan’s trustee.

      4.  An attorney at law rendering services in the performance of his duties as an attorney at law.

      5.  A real estate broker rendering services in the performance of his duties as a real estate broker.

      6.  Except as otherwise provided in this subsection, any firm or corporation:

      (a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;

      (b) Approved by the Federal National Mortgage Association as a seller and servicer; and

      (c) Approved by the Department of Housing and Urban Development and the [Veterans’ Administration.] Department of Veterans Affairs.

A firm or corporation is not exempt from the provisions of this chapter pursuant to this subsection if it maintains any accounts described in subsection 1 of NRS 645B.175 or offers for sale in this state any unregistered security under state or federal law and purports to make investments in promissory notes secured by liens on real property. A firm or corporation which is exempted pursuant to this subsection must submit annually as a condition of its continued exemption a certified statement by an independent certified public accountant that the firm or corporation does not maintain any such accounts.


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ê1995 Statutes of Nevada, Page 1099 (Chapter 431, SB 496)ê

 

such accounts. This subsection does not prohibit an exempt firm or corporation from maintaining accounts described in NRS 645B.170 and subsection 3 of NRS 645B.175.

      7.  Any person doing any act under an order of any court.

      8.  Any one natural person, or husband and wife, who provides money for investment in loans secured by a lien on real property, on his own account.

      9.  Agencies of the United States and of this state and its political subdivisions, including the public employees’ retirement system.

      10.  A seller of real property who offers credit secured by a mortgage of the property sold.

      Sec. 63.  NRS 662.095 is hereby amended to read as follows:

      662.095  1.  To the same extent that a bank may invest its money in obligations of the United States, a bank may invest its money and may invest the money in its custody or possession which is eligible for investment:

      (a) In bonds or notes secured by a mortgage or deed of trust insured or guaranteed by the Federal Housing Administrator or the [Veterans’ Administration;] Department of Veterans Affairs;

      (b) In mortgages on real property which have been accepted for insurance by the Federal Housing Administrator or [Veterans’ Administration;] Department of Veterans Affairs; and

      (c) In obligations of national mortgage associations or bonds, debentures, consolidated bonds or other obligations of any Federal Home Loan Bank or Banks.

      2.  A bank may make such loans:

      (a) Secured by real property, as the Federal Housing Administrator or [Veterans’ Administration] Department of Veterans Affairs has insured or has made a commitment to insure, and may obtain such insurance.

      (b) As are insured or guaranteed by the Federal Housing Administrator, and on being approved as eligible for credit insurance by the [Veterans’ Administration,] Department of Veterans Affairs, may make such loans as are insured or guaranteed by the [Veterans’ Administration.] Department of Veterans Affairs.

      3.  Wherever by statute of this state:

      (a) Collateral is required as security for the deposit of public money;

      (b) Deposits are required to be made with any public officer or department; or

      (c) An investment of capital or surplus, or a reserve or other fund is required to be maintained, consisting of designated securities,

bonds and notes secured by a mortgage or deed of trust insured by the Federal Housing Administrator or [Veterans’ Administration,] Department of Veterans Affairs, debentures issued by the Federal Housing Administrator and obligations of national mortgage associations [shall be] are eligible for such purposes.

      4.  No law of this state prescribing the nature, amount or form of security [,] or requiring security upon which loans or investments may be made, [or] prescribing or limiting the rates of time of payment of the interest any obligation may bear, or prescribing or limiting the period for which loans or investments may be made, applies to loans or investments made pursuant to this section.


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ê1995 Statutes of Nevada, Page 1100 (Chapter 431, SB 496)ê

 

      Sec. 64.  NRS 673.310 is hereby amended to read as follows:

      673.310  1.  Subject to such regulations as may be prescribed by the Federal Housing Administrator or [Veterans’ Administration,] Department of Veterans Affairs, savings and loan associations may:

      (a) Make such loans and advances of credit, and purchases of obligations representing the loans and advances of credit, as are eligible for insurance by the Federal Housing Administrator or are guaranteed by the [Veterans’ Administration,] Department of Veterans Affairs, and to obtain such insurance.

      (b) Make such loans secured by [mortgage] mortgages on real property as are eligible for insurance by the Federal Housing Administrator or are guaranteed by the [Veterans’ Administration,] Department of Veterans Affairs, and to obtain such insurance.

      (c) Purchase, invest in [,] and dispose of notes or bonds secured by [mortgage] mortgages insured by the Federal Housing Administrator or guaranteed by the [Veterans’ Administration,] Department of Veterans Affairs, securities of national mortgage associations, and debentures issued by the [Veterans’ Administration] Department of Veterans Affairs or the Federal Housing Administrator.

      2.  No law of this state, nor any articles of incorporation or bylaws of any savings and loan associations , prescribing the nature, amount or form of security or requiring security upon which loans or advances of credit may be made, [or] prescribing or limiting interest rates upon loans or advances of credit, or prescribing or limiting the period for which loans or advances of credit may be made , applies to loans, advances of credit or purchases made pursuant to subsection 1.

      3.  All loans, advances of credit and purchases of obligations described in this section [heretofore] made and insured pursuant to the terms of the National Housing Act or Servicemen’s Readjustment Act of 1944 are hereby validated and confirmed.

      Sec. 65.  NRS 675.040 is hereby amended to read as follows:

      675.040  This chapter does not apply to:

      1.  A person doing business under the authority of any law of this state or of the United States relating to banks, savings banks, trust companies, savings and loan associations, credit unions, development corporations, mortgage companies, thrift companies, pawnbrokers or insurance companies.

      2.  A real estate investment trust , as defined in 29 U.S.C. § 856.

      3.  An employee benefit plan , as defined in 29 U.S.C. § 1002(3) , if the loan is made directly from money in the plan by the plan’s trustee.

      4.  An attorney at law rendering services in the performance of his duties as an attorney at law if the loan is secured by real property.

      5.  A real estate broker rendering services in the performance of his duties as a real estate broker if the loan is secured by real property.

      6.  Except as otherwise provided in this subsection, any firm or corporation:

      (a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;

      (b) Approved by the Federal National Mortgage Association as a seller or servicer; and


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ê1995 Statutes of Nevada, Page 1101 (Chapter 431, SB 496)ê

 

      (c) Approved by the Department of Housing and Urban Development and the [Veterans’ Administration.] Department of Veterans Affairs.

      7.  A person who provides money for investment in loans secured by a lien on real property, on his own account.

      8.  A seller of real property who offers credit secured by a mortgage of the property sold.

      9.  A person holding a nonrestricted state gaming license issued pursuant to the provisions of chapter 463 of NRS.

      Sec. 66.  NRS 683A.130 is hereby amended to read as follows:

      683A.130  1.  For the protection of the people of this state, the commissioner shall not issue, continue or permit to exist any agent’s, broker’s or solicitor’s license except in compliance with this chapter. Any natural person for whom such a license is issued, continued or permitted to exist must:

      (a) Be a bona fide resident of, and reside within, this state. This paragraph does not apply to:

             (1) An agent brought into this state by an insurer to replace an agent disabled, deceased or dismissed.

             (2) A licensed nonresident agent or nonresident broker of this state who otherwise qualifies for a license and is licensed as a resident within 60 days after he becomes a bona fide resident of this state. This subparagraph does not otherwise apply to nonresident agents and nonresident brokers.

             (3) A licensed resident agent or resident broker during the 60 days next following the date he establishes his residence in another state.

      (b) Be at least 18 years of age.

      (c) If he applies for or holds an agent’s license, have been appointed an agent by an authorized insurer, subject to the issuance of the license.

      (d) If he applies for or holds a solicitor’s license, be the bona fide employee of a licensed resident agent or a licensed resident broker as a solicitor, or be so employed subject to the issuance of the license.

      (e) If he applies for or holds a broker’s license, have had experience for at least 1 year as an agent, solicitor, managing general agent, adjuster, insurer’s underwriter or broker or have had other special experience, education or training, all of sufficient content and duration reasonable necessary for competence in fulfilling the responsibilities of a broker.

      (f) Be competent, trustworthy and financially responsible.

      (g) Pass each examination required for the license pursuant to this chapter.

      (h) Successfully complete each course of instruction which the commissioner requires by regulation.

      2.  The commissioner shall not differentiate between persons entitled to act as agents [,] on the basis that the persons are engaged in other businesses to which the insurance agency is incidental or supplemental.

      3.  The commissioner may require applicants for licensing to pay, in addition to the fee required by NRS 683A.150, a fee of $15 for deposit in the insurance recovery [fund.] account created by NRS 679B.305.

      Sec. 67.  NRS 683A.270 is hereby amended to read as follows:

      683A.270  1.  Each license issued under this code continues in force until it expires or is suspended, revoked or otherwise terminated, subject to payment of the applicable fee for renewal and a fee of $15 for deposit in the insurance recovery [fund] account created by NRS 679B.305 to the commissioner at his office in Carson City, Nevada, on or before the last day of the month in which the license is renewable.


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ê1995 Statutes of Nevada, Page 1102 (Chapter 431, SB 496)ê

 

insurance recovery [fund] account created by NRS 679B.305 to the commissioner at his office in Carson City, Nevada, on or before the last day of the month in which the license is renewable. The fees must be accompanied by a written request for renewal of the license. The request must be made and signed:

      (a) By the licensee in the case of a broker’s, nonresident broker’s, surplus lines broker’s, agent’s or managing general agent’s license.

      (b) By the employing agent or broker in the case of a solicitor’s license.

      (c) By the employing title insurer or agent in the case of an escrow officer.

      2.  Any license referred to in subsection 1 which is not continued on or before the last day specified for its renewal shall be deemed to have expired at midnight on that day. The commissioner may accept a request for renewal received by him within 30 days thereafter if it is accompanied by a renewal fee of 150 percent of the fee otherwise required and the fee of $15 for deposit in the insurance recovery [fund.] account created by NRS 679B.305.

      3.  If the commissioner has reason to believe that any licensed agent, broker or solicitor has for any cause raised a reasonable question as to the competence of the licensee or of any natural person designated to exercise the license powers of a firm or corporate licensee, the commissioner may require, as a condition to continuation of the license, that the licensee or natural person take and pass to the commissioner’s satisfaction a written examination as required under this chapter of natural persons who intend to apply for a similar license.

      4.  The commissioner may by regulation require the successful completion of a reasonable number of appropriate courses of study as a condition to continuation of any license to which this section applies.

      5.  The license of a managing general agent for a particular insurer or underwriter’s department must be terminated by the commissioner upon written request by that insurer or department.

      6.  This section does not apply to temporary licenses issued under NRS 683A.300.

      Sec. 68.  NRS 684A.160 is hereby amended to read as follows:

      684A.160  Before the issuance or continuation of an adjuster’s license the applicant must pay a fee of $15 for deposit in the insurance recovery [fund.] account created by NRS 679B.305.

      Sec. 69.  NRS 685A.120 is hereby amended to read as follows:

      685A.120  1.  No person in this state may act as, hold himself out as, or be a surplus lines broker with respect to subjects of insurance resident, located or to be performed in this state or elsewhere unless he is licensed as such by the commissioner pursuant to this chapter.

      2.  Any person who has been licensed by this state as a resident broker for general lines for at least 6 months and who is deemed by the commissioner to be competent and trustworthy with respect to the handling of surplus lines may be licensed as a surplus lines broker upon:

      (a) Application for a license and payment of the applicable fee for a license and a fee of $15 for deposit in the insurance recovery [fund;] account created by NRS 679B.305; and

      (b) Passing any examination prescribed by the commissioner on the subject of surplus lines.


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ê1995 Statutes of Nevada, Page 1103 (Chapter 431, SB 496)ê

 

      3.  Application for the license must be made to the commissioner on forms designated and furnished by him.

      4.  A license issued pursuant to this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. The license may be renewed by payment of the applicable fee for renewal and a fee of $15 for deposit in the insurance recovery [fund] account created by NRS 679B.305 to the commissioner on or before the last day of the month in which the license is renewable.

      5.  A license which is not renewed expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required and a fee of $15 for deposit in the insurance recovery [fund.] account created by NRS 679B.305.

      Sec. 70.  NRS 686C.280 is hereby amended to read as follows:

      686C.280  1.  The association shall issue to each insurer paying an assessment under this chapter a certificate of contribution, in a form prescribed by the commissioner, for the amount so paid. All outstanding certificates are of equal dignity and priority without reference to the amounts or dates of issue. A member insurer may show a certificate of contribution as an asset in its financial statement in such form, for such amount , if any, and for such period as the commissioner may approve.

      2.  A member insurer may offset against its liability for premium tax to this state, accrued with respect to business transacted in a calendar year, an amount equal to 20 percent of the amount certified pursuant to subsection 1 in each of the 5 calendar years following the year in which the assessment was paid. If an insurer ceases to transact business, it may offset all uncredited assessments against its liability for premium tax for the year in which it so ceases.

      3.  Any sum acquired by refund from the association pursuant to NRS 686C.260 which [theretofore] previously had been written off by the contributing insurer and offset against premium taxes as provided in subsection 2 must be paid to the [commissioner and by him] department of taxation and deposited by it with the state treasurer for credit to the state general fund. The association shall notify the commissioner and the department of taxation of each refund made.

      Sec. 71.  NRS 692A.104 is hereby amended to read as follows:

      692A.104  Before the issuance or renewal of a license as a title agent or escrow officer the applicant must pay a fee of $15 for deposit in the insurance recovery [fund.] account created by NRS 679B.305.

      Sec. 72.  NRS 696A.300 is hereby amended to read as follows:

      696A.300  1.  Each license for a club agent issued under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon payment to the commissioner of the applicable fee for renewal and a fee of $15 for deposit in the insurance recovery [fund to the commissioner. The fee] account created by NRS 679B.305. The fees must be paid on or before the last day of the month in which the license is renewable.


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ê1995 Statutes of Nevada, Page 1104 (Chapter 431, SB 496)ê

 

      2.  Any license not so renewed expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required and the fee of $15 for deposit in the insurance recovery [fund.] account created by NRS 679B.305.

      3.  The commissioner shall collect in advance and deposit with the state treasurer for credit to the state general fund the following fees for licensure as a club agent:

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

      (b) Appointment by each motor club.......................................................         5

      (c) Triennial renewal of each license........................................................       78

      Sec. 73.  NRS 711.285 is hereby amended to read as follows:

      711.285  A local government may recover from a person who is convicted [of violating] pursuant to subsection 3 of NRS 711.270 a civil penalty of not more than $50,000 for the first violation, and for the second or subsequent violation a civil penalty of not more than $100,000. This penalty is in addition to any other civil or criminal penalty provided in NRS 711.270 or 711.280.

      Sec. 74.  NRS 193.0135 is hereby repealed.

      Sec. 75.  Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1995.

 

________

 

 

CHAPTER 432, SB 503

Senate Bill No. 503–Senator Titus

CHAPTER 432

AN ACT relating to public utility regulation; authorizing a program of optional pricing for electricity derived from renewable energy resources; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A utility which supplies electricity in this state may apply to the commission for authority to charge, as part of a program of optional pricing, a higher rate for electricity that is derived from renewable energy resources.

      2.  The program must provide the customers of the utility with the option of paying a higher rate for electricity to support the increased use by the utility of renewable energy resources in the production of electricity.

      3.  As used in this section, “renewable energy resources” means resources from which electricity is produced, but which are not consumed or combusted and are naturally regenerated, including, without limitation:

      (a) Wind;

      (b) Solar energy; and


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ê1995 Statutes of Nevada, Page 1105 (Chapter 432, SB 503)ê

 

      (c) Geothermal energy.

      Sec. 2.  NRS 704.736 is hereby amended to read as follows:

      704.736  The application of NRS 704.741, 704.746 and 704.751 , and section 1 of this act, is limited to any public utility in the business of supplying electricity which has an annual operating revenue in this state of $2,500,000 or more.

 

________

 

 

CHAPTER 433, SB 504

Senate Bill No. 504–Senator Titus

CHAPTER 433

AN ACT relating to property; prohibiting certain restrictions on the use of a system for obtaining solar energy by the owner of real property; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A governing body shall not adopt an ordinance, regulation or plan or take any other action that prohibits or unreasonably restricts the owner of real property from using a system for obtaining solar energy on his property.

      2.  Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer, sale or any other interest in real property that prohibits or unreasonably restricts the owner of the property from using a system for obtaining solar energy on his property is void and unenforceable.

      3.  For the purposes of this section, “unreasonably restricting the use of a system for obtaining solar energy” means placing a restriction or requirement on the use of such a system which significantly decreases the efficiency or performance of the system and does not allow for the use of an alternative system at a comparable cost and with comparable efficiency and performance.

      Sec. 2.  NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.011 to 278.0195, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  Chapter 111 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer, sale or any other interest in real property that prohibits or unreasonably restricts the owner of the property from using a system for obtaining solar energy on his property is void and unenforceable.


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ê1995 Statutes of Nevada, Page 1106 (Chapter 433, SB 504)ê

 

      2.  For the purposes of this section, “unreasonably restricts the use of a system for obtaining solar energy” means placing a restriction or requirement on the use of such a system which significantly decreases the efficiency or performance of the system and does not allow for the use of an alternative system at a comparable cost and with comparable efficiency and performance.

 

________

 

 

CHAPTER 434, SB 553

Senate Bill No. 553–Committee on Legislative Affairs and Operations

CHAPTER 434

AN ACT relating to the legislative counsel bureau; authorizing the director to approve the sale of souvenirs of Nevada in legislative buildings; removing certain obsolete provisions concerning triplicate copies of legislative measures; revising the provisions concerning work produced by certain personnel; authorizing additional petty cash accounts; revising the provisions governing representation of legislators by the legislative counsel; providing qualifications for the research director and revising the provisions governing the duties of the research division; making various changes concerning the postaudits performed by the legislative auditor; authorizing the reproduction and sale of Nevada Revised Statutes on electronic discs and other media; authorizing the legislative police to remove abandoned vehicles from the legislative grounds; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:

      The director may approve the purchase and sale of souvenirs of the Nevada Legislature and of the State of Nevada in the legislative building or any building maintained for the use of the legislature or the legislative counsel bureau. The director shall fix reasonable fees for the items which must in the aggregate at least cover the cost to the legislative counsel bureau of purchasing and selling the items.

      Sec. 2.  NRS 218.280 is hereby amended to read as follows:

      218.280  [Except as provided in NRS 218.277 to 218.279, inclusive, all] All bills and resolutions must be introduced in [triplicate;] duplicate and one copy of each bill or resolution must be marked “original [] ”and one must be marked “duplicate [,” and one must be marked “triplicate.” The copies] The copy marked “duplicate” [and “triplicate”] must be referred to the legislative counsel for photocomposition and filing.

      Sec. 3.  NRS 218.300 is hereby amended to read as follows:

      218.300  The superintendent of the state printing and micrographics division of the department of administration shall, immediately after receipt of the copy of any bill or resolution, print, in addition to the regular authorized number, one copy thereof upon heavy buff paper, which copy must be delivered to the secretary of the senate or to the chief clerk of the assembly.


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ê1995 Statutes of Nevada, Page 1107 (Chapter 434, SB 553)ê

 

Before the third reading and final passage of the bill or resolution, the legislative counsel shall carefully compare the printed or reprinted copy of the bill or resolution with the [triplicate] duplicate copy thereof and the original amendments as adopted by the house, and, if the printed or reprinted copy is found to be in all respects correct, the legislative counsel shall then certify to the correctness of the bound copy and shall deliver the same to the secretary of the senate or the chief clerk of the assembly as the case may be, whereupon the bound copy printed upon buff paper, so compared and certified, is ready for third reading and final passage.

      Sec. 4.  NRS 218.625 is hereby amended to read as follows:

      218.625  1.  The director, other officers and employees of the legislative counsel bureau shall not:

      (a) Oppose or urge legislation, except as the duties of the director, the legislative auditor, the legislative counsel, the research director and the fiscal analysts require them to make recommendations to the legislature.

      (b) Except as otherwise provided in this section, NRS 218.2475, 218.2477 and 353.211, disclose to any person outside the legislative counsel bureau the contents or nature of any matter, unless the person entrusting the matter to the legislative counsel bureau so requests or consents.

      2.  [Except as the legislative auditor and his staff are further restricted by this chapter, the] The nature or content of any work previously done by the personnel of the research division of the legislative counsel bureau may be disclosed [to a legislator or public agency] if or to the extent that the disclosure does not reveal the identity of the person who requested it or include any material submitted by the requester which has not been published or publicly disclosed. The content of the work product of the legal and fiscal analysis divisions is confidential and not subject to subpoena only if at the time of creation a representation of confidentiality is made.

      3.  When a statute has been enacted or a resolution adopted, the legislative counsel shall upon request disclose to any person the state or other jurisdiction from whose law it appears to have been adopted.

      4.  The records of the travel expenses of legislators and officers and employees of the legislative counsel bureau are available for public inspection at such reasonable hours and under such other conditions as the legislative commission prescribes.

      5.  If a legislator asks whether a request for proposed legislation relating to a specific topic has been submitted to the legislative counsel for preparation, the legislative counsel shall disclose to that legislator whether such a request has been submitted.

      6.  Upon receipt of a request for the preparation of a measure to be submitted to the legislature which duplicates or closely resembles a request previously submitted for the same legislative session, the legislative counsel shall, to the extent practicable, notify the person submitting the duplicative request of that fact and, except as otherwise provided in this subsection, ask the person to withdraw the request. If the request is not withdrawn, the legislative counsel shall inform the previous requester of the fact that a duplicative request has been made. If the request is submitted by a legislator on his own behalf, and the previous request was submitted by a legislator who is a member of the other house of the legislature, the legislative counsel shall inform the second requester of the fact that the request is duplicative.


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ê1995 Statutes of Nevada, Page 1108 (Chapter 434, SB 553)ê

 

is a member of the other house of the legislature, the legislative counsel shall inform the second requester of the fact that the request is duplicative.

      Sec. 5.  NRS 218.642 is hereby amended to read as follows:

      218.642  A petty cash account of the legislative counsel bureau is hereby created for each building in which offices of employees of the legislative counsel bureau are located in the sum of $500 each for the minor expenses of the legislative counsel bureau. [The] Each account must be kept in the custody of an employee designated by the director of the legislative counsel bureau and must be replenished periodically from the legislative fund upon approval of expenditures and submission of vouchers or other documents to indicate payment.

      Sec. 6.  NRS 218.697 is hereby amended to read as follows:

      218.697  1.  Upon request, the legislative counsel shall represent any legislator in any matter before the commission on ethics.

      2.  When deemed necessary or advisable to protect the official interests of the legislature or one or more legislative committees, the legislative commission , or the chairman of the legislative commission in cases where action is required before a meeting of the legislative commission is scheduled to be held, may direct the legislative counsel and his staff to appear in, commence, prosecute, defend or intervene in any action, suit, matter, cause or proceeding in any court or agency of this state or of the United States.

      [2.] 3.  Expenses and costs incurred pursuant to this section may be paid by the legislative commission from the legislative fund.

      Sec. 7.  NRS 218.731 is hereby amended to read as follows:

      218.731  The research director [shall:

      1.  Provide the legislature and the members and committees thereof with comprehensive and accurate reports and background information on subjects of legislative interest.

      2.  Analyze and evaluate the long-range planning activities and programs of the State of Nevada and its political subdivisions when authorized by the legislature, the legislative commission or the director of the legislative counsel bureau.

      3.  Analyze and evaluate the public policies of the State of Nevada and its political subdivisions and make appropriate recommendations regarding those policies when authorized by the legislature, the legislative commission or the director of the legislative counsel bureau.

      4.  Advise the legislature and the members and committees thereof regarding matters relating to the resources and procedures which are necessary to conduct research.

      5.  Perform such other functions as may be assigned to the research division by the legislature, the legislative commission or the director of the legislative counsel bureau.] :

      1.  Must have a graduate degree from an accredited college or university and be versed in some or all of the following:

      (a) Research techniques;

      (b) Information sources;

      (c) Strategic planning;

      (d) Program and personnel management;

      (e) Writing and communication techniques;


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ê1995 Statutes of Nevada, Page 1109 (Chapter 434, SB 553)ê

 

      (f) Governmental organization and functions; and

      (g) Budgeting.

      2.  Shall administer and manage the duties, programs, responsibilities and staff operations of the research division.

      Sec. 8.  NRS 218.735 is hereby amended to read as follows:

      218.735  The research division shall:

      1.  [Prepare publications relating to the legislature and the legislative counsel bureau;] Provide to the legislature and the members and committees thereof, research, information and assistance concerning public policy, including, but not limited to, proposed or possible legislation, and national, state and local issues of interest to the State of Nevada and its political subdivisions.

      2.  Provide necessary personnel to standing and interim committees as assigned by the director, the legislature or the legislative commission;

      3.  Provide the legislature and its members and committees with comprehensive accurate reports and background information on subjects of legislative interest.

      4.  Analyze, compare and evaluate the programs and statutory provisions of the State of Nevada and other states, upon request of a member or committee of the legislature.

      5.  Advise the legislature and its members and committees regarding matters relating to the resources and procedures necessary to conduct research.

      6.  Prepare publications relating to the legislature and the legislative counsel bureau.

      7.  Maintain the library of the legislative counsel bureau;

      [4.] 8.  Provide information and assistance to the legislature and the members and committees thereof concerning the apportionment of legislative districts and any other political districts the boundaries of which are determined by the legislature; and

      [5.] 9.  Perform such other functions as may be assigned by the legislature, the legislative commission or the director of the legislative counsel bureau.

      Sec. 9.  NRS 218.775 is hereby amended to read as follows:

      218.775  1.  The legislative auditor shall perform a postaudit of all accounts, funds and other [financial] records of all agencies of the state to determine one or any combination of the following:

      (a) Whether the financial statements of the audited agency comply with generally accepted principles of accounting.

      (b) The honesty and integrity of fiscal affairs, the accuracy and reliability of [financial statements] information and reports, and the effectiveness of the system of [internal financial control] management controls of the audited agency.

      (c) Compliance with all applicable laws and regulations.

      (d) Whether the operations of the agency of the state have been conducted in accordance with its contractual obligations.

      (e) Whether control by management and the system of information provide an adequate and efficient system of records and accounting.


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ê1995 Statutes of Nevada, Page 1110 (Chapter 434, SB 553)ê

 

      2.  Every officer and employee of an agency of the state shall aid and assist the legislative auditor at such times as he requires in the inspection, examination and audit of any books, accounts and records in their possession.

      Sec. 10.  NRS 220.130 is hereby amended to read as follows:

      220.130  1.  Upon completion of Nevada Revised Statutes, the legislative counsel shall have it printed, lithoprinted or reproduced by any other process by the state printing and micrographics division of the department of administration [.] and may create or cause to be created reproductions of Nevada Revised Statutes, alone or in combination with any other legal publications, on electronic discs or any other available medium. The legislative commission shall determine the number of copies which must be printed or reproduced of each page of each volume of Nevada Revised Statutes with annotations.

      2.  Upon completion of the final printing or other reproduction the separate volumes must be bound as required in this chapter and retained by the legislative counsel for safekeeping and disposition. The legislative counsel shall sell each set, and may sell individual volumes, discs, parts or pages when available, at a price to be set by the legislative commission as near as possible to the cost of preparing, printing and binding [,] or other reproduction and all proceeds of sales must be deposited in the legislative fund.

      3.  A master copy of Nevada Revised Statutes must be kept in the office of the legislative counsel, and the master copy must not be removed from the office except in the custody of the legislative counsel.

      Sec. 11.  NRS 220.160 is hereby amended to read as follows:

      220.160  1.  Upon the completion of Nevada Revised Statutes with annotations, the legislative counsel shall prepare and have printed or reproduced such replacement and supplementary pages for such laws and annotations as may, from time to time, be necessary [.] and may create or cause to be created reproductions of the replacement and supplementary pages, alone or in combination with any other legal publications, on electronic discs or any other available medium. In any event, the legislative counsel shall prepare replacement and supplementary pages made necessary by the sessions of the legislature as soon as possible after each session.

      2.  The intent of this section is that Nevada Revised Statutes be kept current insofar as may be possible. To that end, the provisions of this chapter, and in particular NRS 220.120, apply to the preparation and printing or reproduction of such replacement and supplementary pages.

      3.  Prices must be set by the legislative commission as near as possible to the cost of preparing, printing and reproduction. All money received for the sale of such replacement and supplementary pages must be deposited to the credit of the legislative fund.

      Sec. 12.  NRS 487.230 is hereby amended to read as follows:

      487.230  1.  Any sheriff, constable, member of the Nevada highway patrol, officer of the legislative police, investigator of the bureau of enforcement of the registration division of the department, designated employees of the manufactured housing division of the department of business and industry, special investigator employed by the office of any district attorney, marshal or policeman of any city or town, or any marshal or park ranger who is part of a unit of specialized law enforcement established pursuant to NRS 280.125 who has reason to believe that a vehicle has been abandoned on public property in his jurisdiction may remove the vehicle from that property.


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ê1995 Statutes of Nevada, Page 1111 (Chapter 434, SB 553)ê

 

280.125 who has reason to believe that a vehicle has been abandoned on public property in his jurisdiction may remove the vehicle from that property. At the request of the owner or person in possession or control of any private property who has reason to believe that a vehicle has been abandoned on his property, the vehicle may be removed by the operator of a tow car or an automobile wrecker from that private property.

      2.  Any person who authorizes the removal of an abandoned vehicle pursuant to subsection 1 shall:

      (a) Have the vehicle taken to the nearest garage or other place designated for storage by:

             (1) The state agency or political subdivision making the request, if the vehicle is removed from public property.

             (2) The owner or person in possession of the property, if the vehicle is removed from private property.

      (b) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and any other available information which will aid in identifying the registered and legal owner of the vehicle and supply the information to the person who is storing the vehicle.

      Sec. 13.  1.  This section and section 5 of this act become effective on July 1, 1995.

      2.  Sections 1 to 4, inclusive, and 6 to 11, inclusive, of this act become effective on October 1, 1995.

      3.  Section 12 of this act becomes effective at 12:01 a.m. on October 1, 1995.

 

________

 

 

CHAPTER 435, SB 462

Senate Bill No. 462–Committee on Judiciary

CHAPTER 435

AN ACT relating to business associations; prohibiting certain documents which are in a language other than English from being filed or submitted for filing with the secretary of state unless accompanied by a translation; revising the duties of the secretary of state upon the default of various business associations; revising the fees required to be paid by those associations; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 78 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Any natural person or corporation residing or located in this state may, on or after January 1 of any year but before January 31 of that year, register his willingness to serve as the resident agent of a domestic or foreign corporation, limited-liability company or limited partnership with the secretary of state. The registration must be accompanied by a fee of $250.


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ê1995 Statutes of Nevada, Page 1112 (Chapter 435, SB 462)ê

 

      2.  The secretary of state shall maintain a list of those persons who are registered pursuant to subsection 1 and make the list available to persons seeking to do business in this state.

      Sec. 3.  No document which is written in a language other than English may be filed or submitted for filing in the office of the secretary of state pursuant to the provisions of this chapter unless it is accompanied by a verified translation of that document into the English language.

      Sec. 4.  NRS 78.045 is hereby amended to read as follows:

      78.045  1.  The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed under the laws of this state which provides that the name of the corporation contain the word “bank” or “trust,” unless:

      (a) It appears from the articles or the certificate of amendment that the corporation proposes to carry on business as a banking or trust company, either exclusively or in connection with its business as a bank or savings and loan association; and

      (b) The articles or certificate of amendment is first approved by the commissioner of financial institutions.

      2.  The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed under this chapter when it appears from the articles or the certificate of amendment that the business to be carried on by the corporation is subject to supervision by the commissioner of insurance [,] or by the commissioner of financial institutions, unless the articles or certificate of amendment is first approved by the commissioner [of insurance.] who will be supervising the business of the corporation.

      3.  Except as otherwise provided in subsection 4, the secretary of state shall not accept for filing any articles of incorporation or any certificate or amendment of articles of incorporation of any corporation formed under the laws of this state if the name of the corporation contains the words “engineer,” “engineered,” “engineering,” “professional engineer” or “licensed engineer” unless:

      (a) The state board of professional engineers and land surveyors certifies that the principals of the corporation are registered to practice engineering or are registered to practice engineering and architecture, except landscape architecture, under the laws of this state; or

      (b) The state board of professional engineers and land surveyors certifies that the corporation is exempt from the prohibitions of NRS 625.520.

      4.  The provisions of subsection 3 do not apply to any corporation, whose securities are publicly traded and regulated by the Securities [and] Exchange Act of 1934, which does not engage in the practice of professional engineering.

      5.  The commissioner of financial institutions and the commissioner of insurance may approve or disapprove the articles or amendments referred to them under the provisions of this section.

      Sec. 5.  NRS 78.095 is hereby amended to read as follows:

      78.095  1.  [The] Within 30 days after changing the location of [the office of any resident agent of corporations in any county in this state may be transferred] his office from one address to another [, in the same county, upon the making and executing by the] in this state, a resident agent [of] shall execute a certificate setting forth [the] :

 


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ê1995 Statutes of Nevada, Page 1113 (Chapter 435, SB 462)ê

 

upon the making and executing by the] in this state, a resident agent [of] shall execute a certificate setting forth [the] :

      (a) The names of all the corporations represented by the resident agent [, and the] ;

      (b) The address at which the resident agent has maintained the registered office for each of such corporations [, and further certifying to the] ; and

      (c) The new address to which the resident agency will be transferred and at which the resident agent will thereafter maintain the registered office for each of the corporations recited in the certificate.

      2.  Upon the filing of the certificate in the office of the secretary of state the registered office in this state of each of the corporations recited in the certificate is located at the new address of the resident agent thereof as [given] set forth in the certificate.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  NRS 78.115 is hereby amended to read as follows:

      78.115  The business of every corporation must be managed by a board of directors or trustees, all of whom must be natural persons who are at least 18 years of age. A corporation must have at least one director, and may provide in its articles of incorporation or in its bylaws for a fixed number of directors or a variable number of directors within a fixed minimum and maximum, and for the manner in which the number of directors may be increased or decreased. Unless otherwise provided in the articles of incorporation, directors need not be stockholders.

      Sec. 8.  NRS 78.170 is hereby amended to read as follows:

      78.170  1.  Each corporation required to make a filing and pay the fee prescribed in NRS 78.150 to 78.185, inclusive, which refuses or neglects to do so within the time provided shall be deemed in default.

      2.  For default there must be added to the amount of the fee a penalty of $15. [, and unless the filing is made and the fee and penalty are paid on or before the first day of the ninth month following the month in which filing was required, the defaulting corporation, by reason of its default, forfeits the amount of the fee and penalty to the State of Nevada.] The fee and penalty must be collected as provided in this chapter.

      Sec. 9.  NRS 78.175 is hereby amended to read as follows:

      78.175  1.  [On or before the 15th day of the 3rd month following the month in which filing was required, the] The secretary of state shall [compile a complete list of all defaulting corporations, together with] notify, by letter addressed to its resident agent, each corporation deemed in default pursuant to NRS 78.170. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.

      2.  On the [1st] first day of the [9th] ninth month following the month in which the filing was required, the charter of the corporation is revoked and its right to transact business is forfeited.

      3.  The secretary of state shall compile a complete list containing the names of all corporations whose right to do business has been forfeited. The secretary of state shall forthwith notify , by letter addressed to its [president or secretary] resident agent, each such corporation of the forfeiture of its charter. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.


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ê1995 Statutes of Nevada, Page 1114 (Chapter 435, SB 462)ê

 

      4.  If the charter of a corporation is revoked and the right to transact business is forfeited as provided in subsection 2, all of the property and assets of the defaulting domestic corporation must be held in trust by the directors of the corporation as for insolvent corporations, and the same proceedings may be had with respect thereto as are applicable to insolvent corporations. Any person interested may institute proceedings at any time after a forfeiture has been declared, but if the secretary of state reinstates the charter the proceedings must at once be dismissed and all property restored to the officers of the corporation.

      5.  Where the assets are distributed they must be applied in the following manner:

      (a) To the payment of the filing fee, penalties and costs due to the state;

      (b) To the payment of the creditors of the corporation; and

      (c) Any balance remaining to distribution among the stockholders.

      Sec. 10.  NRS 78.180 is hereby amended to read as follows:

      78.180  1.  Except as otherwise provided in subsections 3 and 4, the secretary of state shall reinstate a corporation which has forfeited its right to transact business under the provisions of this chapter and restore to the corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities, if it:

      (a) Files with the secretary of state the list and designation required by NRS 78.150; and

      (b) Pays to the secretary of state [all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the revocation of its charter, all filing fees, licenses and penalties which have accrued since the revocation of its charter, and a] :

             (1) The annual filing fee and penalty set forth in NRS 78.150 and 78.170 for each year or portion thereof during which its charter was revoked; and

             (2) A fee of $50 for reinstatement.

      2.  When the secretary of state reinstates the corporation , he shall:

      (a) Immediately issue and deliver to the corporation a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and

      (b) Upon demand, issue to the corporation one or more certified copies of the certificate of reinstatement.

      3.  The secretary of state shall not order a reinstatement unless all delinquent fees [, penalties and costs] and penalties have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees [, penalties and costs.] and penalties.

      4.  If a corporate charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.

      Sec. 11.  NRS 78.575 is hereby amended to read as follows:

      78.575  Before the payment of any part of the capital and before beginning the business for which the corporation was created, the incorporators or the board of directors named in the articles of incorporation may dissolve a corporation by filing in the office of the secretary of state a certificate, [verified by the oath or affirmation of] signed and acknowledged by a majority of the incorporators or of the board of directors named in the articles of incorporation, stating that no part of the capital has been paid and the business has not [been] begun, and thereupon the corporation is dissolved.


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ê1995 Statutes of Nevada, Page 1115 (Chapter 435, SB 462)ê

 

incorporation, stating that no part of the capital has been paid and the business has not [been] begun, and thereupon the corporation is dissolved.

      Sec. 12.  NRS 78.760 is hereby amended to read as follows:

      78.760  1.  The fee for filing articles of incorporation is prescribed in the following schedule:

If the amount represented by the total number of shares provided for in the articles or agreement is:

 

$25,000 or less.........................................................................................   $125

Over $25,000 and not over $75,000.......................................................... 175

Over $75,000 and not over $200,000........................................................ 225

Over $200,000 and not over $500,000...................................................... 325

Over $500,000 and not over $1,000,000................................................... 425

Over $1,000,000:

For the first $1,000,000.................................................................. 425

For each additional $500,000 or fraction thereof...................... 225

 

      2.  The maximum fee which may be charged under this section is $25,000 for:

      (a) The original filing of articles of incorporation.

      (b) A subsequent filing of any instrument which authorizes an increase in stock.

      3.  For the purposes of computing the filing fees according to the schedule in subsection 1, the amount represented by the total number of shares provided for in the articles of incorporation is:

      (a) The aggregate par value of the shares, if only shares with a par value are therein provided for;

      (b) The product of the number of shares multiplied by $1, regardless of any lesser amount prescribed as the value or consideration for which shares may be issued and disposed of, if only shares without par value are therein provided for; or

      (c) The aggregate par value of the shares with a par value plus the product of the number of shares without par value multiplied by $1, regardless of any lesser amount prescribed as the value or consideration for which the shares without par value may be issued and disposed of, if shares with and without par value are therein provided for.

For the purposes of this subsection, shares with no prescribed par value shall be deemed shares without par value.

      4.  The secretary of state shall calculate filing fees pursuant to this section with respect to shares with a par value of less than one-tenth of a cent as if the par value were one-tenth of a cent.

      Sec. 13.  NRS 78.765 is hereby amended to read as follows:

      78.765  1.  The fee for filing a certificate changing the number of authorized shares pursuant to NRS 78.207 or a certificate of amendment to articles of incorporation that increases the corporation’s authorized stock is the difference between the fee computed at the rates specified in NRS 78.760 upon the total authorized stock of the corporation, including the proposed increase, and the fee computed at the rates specified in NRS 78.760 upon the total authorized capital, excluding the proposed increase.


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ê1995 Statutes of Nevada, Page 1116 (Chapter 435, SB 462)ê

 

authorized capital, excluding the proposed increase. In no case may the amount be less than $75.

      2.  The fee for filing a certificate of amendment to articles of incorporation that does not increase the corporation’s authorized stock is $75.

      3.  The fee for filing a certificate pursuant to NRS 78.195 is $75.

      Sec. 14.  NRS 78.767 is hereby amended to read as follows:

      78.767  1.  The fee for filing a certificate of restated articles of incorporation that does not increase the corporation’s authorized stock is [$100.] $75.

      2.  The fee for filing a certificate of restated articles of incorporation that increases the corporation’s authorized stock is the difference between the fee computed pursuant to NRS 78.760 based upon the total authorized stock of the corporation, including the proposed increase, and the fee computed pursuant to NRS 78.760 based upon the total authorized stock of the corporation, excluding the proposed increase. In no case may the amount be less than [$100.] $75.

      Sec. 15.  (Deleted by amendment.)

      Sec. 16.  NRS 78.785 is hereby amended to read as follows:

      78.785  1.  The fee for filing a certificate of change of location of a corporation’s registered office [or] and resident agent, or a new designation of resident agent, is $15.

      2.  The fee for certifying articles of incorporation where a copy is provided is $10.

      3.  The fee for certifying a copy of an amendment to articles of incorporation, or to a copy of the articles as amended, where a copy is furnished, is $10.

      4.  The fee for certifying an authorized printed copy of the general corporation law as compiled by the secretary of state is $10.

      5.  The fee for [certifying the reservation of] reserving a corporate name is $20.

      6.  The fee for executing a certificate of corporate existence which does not list the previous documents relating to the corporation, or a certificate of change in a corporate name, is $15.

      7.  The fee for executing a certificate of corporate existence which lists the previous documents relating to the corporation is $20.

      8.  The fee for executing, certifying or filing any certificate or document not provided for in NRS 78.760 to 78.785, inclusive, is $20.

      [8.  The fee for comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made before certifying, is 20 cents for each folio of 100 words of each document or paper compared.]

      9.  The fee for copies made at the office of the secretary of state is $1 per page.

      10.  [The fee for copying and providing the copy of the list of the corporate officers is the fee for copying the necessary pages.

      11.] The fee for filing articles of incorporation, articles of merger, or certificates of amendment increasing the basic surplus of a mutual or reciprocal insurer must be computed pursuant to NRS 78.760, 78.765 and 78.770, on the basis of the amount of basic surplus of the insurer.


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ê1995 Statutes of Nevada, Page 1117 (Chapter 435, SB 462)ê

 

      [12.] 11.  The fee for examining and provisionally approving any document at any time before the document is presented for filing is $100.

      Sec. 17.  Chapter 78A of NRS is hereby amended by adding thereto a new section to read as follows:

      No document which is written in a language other than English may be filed or submitted for filing in the office of the secretary of state pursuant to the provisions of this chapter unless it is accompanied by a verified translation of that document into the English language.

      Sec. 18.  NRS 80.010 is hereby amended to read as follows:

      80.010  1.  Before commencing or doing any business in this state, every corporation organized pursuant to the laws of another state, territory, the District of Columbia, a dependency of the United States or a foreign country, that enters this state to do business must:

      (a) File in the office of the secretary of state of [Nevada:] this state:

             (1) A certificate of corporate existence issued not more than 90 days before the date of filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached to the certificate.

             (2) A certificate of acceptance of appointment executed by its resident agent, who must be a [natural] person residing or located in this state . [, or another corporation which has a registered office located in this state.] The certificate must set forth the name of the resident agent, his street address for the service of process, and his mailing address if different from his street address. The street address of the resident agent is the registered office of the corporation in this state.

             (3) A statement executed by an officer of the corporation, acknowledged before a person authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds, setting forth:

             (I) A general description of the purposes of the corporation; and

             (II) The authorized stock of the corporation and the number and par value of shares having par value and the number of shares having no par value.

      (b) Lodge in the office of the secretary of state a copy of the document most recently filed by the corporation in the jurisdiction of its incorporation setting forth the authorized stock of the corporation, the number of par value shares and their par value, and the number of no-par-value shares.

      2.  The secretary of state shall not file the documents required by subsection 1 for any foreign corporation whose name is the same as, or deceptively similar to the name of a corporation, limited partnership or limited-liability company existing under the laws of this state or a foreign corporation, foreign limited partnership or foreign limited-liability company authorized to transact business in this state or a name to which the exclusive right is at the time reserved in the manner provided under the laws of this state, unless the written acknowledged consent of the holder of the registered or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.


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ê1995 Statutes of Nevada, Page 1118 (Chapter 435, SB 462)ê

 

name to use the same name or the requested similar name accompanies the articles of incorporation.

      3.  The secretary of state shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words “engineer,” “engineered,” “engineering,” “professional engineer” or “licensed engineer” unless the state board of professional engineers and land surveyors certifies that:

      (a) The principals of the corporation are registered to practice engineering or are registered to practice engineering and architecture, except landscape architecture, pursuant to the laws of this state; or

      (b) The corporation is exempt from the prohibitions of NRS 625.520.

      4.  The secretary of state shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if it appears from the documents that the business to be carried on by the corporation is subject to supervision by the commissioner of financial institutions, unless the commissioner certifies that:

      (a) The corporation has obtained the authority required to do business in this state; or

      (b) The corporation is not subject to or is exempt from the requirements for obtaining such authority.

      Sec. 19.  (Deleted by amendment.)

      Sec. 20.  NRS 80.050 is hereby amended to read as follows:

      80.050  1.  [Foreign] Except as otherwise provided in subsection 3, foreign corporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized [under] pursuant to the laws of this state, but the amount of fees to be charged must not exceed:

      (a) The sum of $25,000 for filing documents for initial qualification; or

      (b) The sum of $25,000 for each subsequent filing of a certificate increasing authorized capital stock.

      2.  If the corporate documents required to be filed set forth only the total number of shares of stock the corporation is authorized to issue without reference to value, the authorized shares shall be deemed to be without par value and the filing fee must be computed pursuant to paragraph (b) of subsection 3 of NRS 78.760.

      3.  Foreign corporations which are nonprofit corporations and do not have or issue shares of stock shall pay the same fees to the secretary of state as are required to be paid by nonprofit corporations organized pursuant to the laws of this state.

      4.  The fee for filing a notice of withdrawal from the State of Nevada by a foreign corporation is $30.

      Sec. 21.  NRS 80.150 is hereby amended to read as follows:

      80.150  1.  Any corporation required to make a filing and pay the fee prescribed in NRS 80.110 to 80.170, inclusive, which refuses or neglects to do so within the time provided, is in default.

      2.  For default there must be added to the amount of the fee a penalty of $15, and unless the filing is made and the fee and penalty are paid on or before the first day of the ninth month following the month in which filing was required, the defaulting corporation by reason of its default [, forfeits:

      (a) The amount of the fee and penalty to the State of Nevada; and


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ê1995 Statutes of Nevada, Page 1119 (Chapter 435, SB 462)ê

 

      (b) Its] forfeits its right to transact any business within this state. The fee and penalty must be collected as provided in this chapter.

      Sec. 22.  NRS 80.160 is hereby amended to read as follows:

      80.160  1.  [On or before the 15th day of the third month following the month in which filing was required, the] The secretary of state shall [compile a complete list of all defaulting corporations, together with] notify, by letter addressed to its resident agent, each corporation deemed in default pursuant to NRS 80.150. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.

      2.  Immediately after the first day of the ninth month following the month in which filing was required, the secretary of state shall compile a full and complete list containing the names of all corporations whose right to do business has been forfeited.

      3.  The secretary of state shall notify, by letter addressed to its resident agent, each corporation specified in subsection 2 of the forfeiture of its right to do business. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.

      Sec. 23.  NRS 80.170 is hereby amended to read as follows:

      80.170  1.  Except as otherwise provided in subsections 3 and 4, the secretary of state shall reinstate a corporation which has forfeited or which forfeits its right to transact business under the provisions of this chapter and restore to the corporation its right to transact business in this state, and to exercise its corporate privileges and immunities if it:

      (a) Files with [him] the secretary of state a list of officers and directors as provided in NRS 80.110 and 80.140; and

      (b) Pays to [him all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the forfeiture of its right to carry on business, and also all filing fees, licenses and penalties which have accrued since the forfeiture of] the secretary of state:

             (1) The annual filing fee and penalty set forth in NRS 80.110 and 80.150 for each year or portion thereof that its right to transact business [and a] was forfeited; and

             (2) A fee of $50 for reinstatement.

      2.  If payment is made and the secretary of state reinstates the corporation to its former rights he shall:

      (a) Immediately issue and deliver to the corporation so reinstated a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due; and

      (b) Upon demand, issue to the corporation one or more certified copies of the certificate of reinstatement.

      3.  The secretary of state shall not order a reinstatement unless all delinquent fees [, penalties and costs] and penalties have been paid, and the revocation of the right to transact business occurred only by reason of failure to pay the fees [, penalties and costs.] and penalties.

      4.  If the right of a corporation to transact business in this state has been forfeited pursuant to the provisions of NRS 80.160 and has remained forfeited for a period of 5 consecutive years, the right is not subject to reinstatement.


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ê1995 Statutes of Nevada, Page 1120 (Chapter 435, SB 462)ê

 

      [5.  At least 30 days before the right of a corporation to reinstatement is due to expire pursuant to the provisions of subsection 4, the secretary of state shall send notice to the last president of the corporation. The notice must state the conditions under which reinstatement may be granted before the expiration of the 5-year period.]

      Sec. 24.  Chapter 81 of NRS is hereby amended by adding thereto a new section to read as follows:

      No document which is written in a language other than English may be filed or submitted for filing in the office of the secretary of state pursuant to the provisions of this chapter unless it is accompanied by a verified translation of that document into the English language.

      Sec. 25.  Chapter 82 of NRS is hereby amended by adding thereto the provisions set forth as sections 26 and 27 of this act.

      Sec. 26.  1.  Any corporation which did exist or is existing pursuant to the laws of this state may, upon complying with the provisions of NRS 82.171, procure a renewal or revival of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and preexisting debts, duties and liabilities secured or imposed by its original charter and amendments thereto, or its existing charter, by filing:

      (a) A certificate with the secretary of state, which must set forth:

             (1) The name of the corporation, which must be the name of the corporation at the time of the renewal or revival, or its name at the time its original charter expired.

             (2) The name and street address of the resident agent of the filing corporation, and his mailing address if different from his street address.

             (3) The date when the renewal or revival of the charter is to commence or be effective, which may be, in cases of a revival, before the date of the certificate.

             (4) Whether or not the renewal or revival is to be perpetual, and, if not perpetual, the time for which the renewal or revival is to continue.

             (5) That the corporation desiring to renew or revive its charter is, or has been, organized and carrying on the business authorized by its existing or original charter and amendments thereto, and desires to renew or continue through revival its existence pursuant to and subject to the provisions of this chapter.

      (b) a list of its president, secretary and treasurer and all of its directors and their post office box and street addresses, either residence or business.

      2.  A corporation whose charter has not expired and is being renewed shall cause the certificate to be signed by its president or vice president and secretary or assistant secretary, and acknowledged by those officers before any person authorized by law to administer oaths or affirmations. The certificate must be approved by a majority of the last appointed surviving directors.

      3.  A corporation seeking to revive its original or amended charter shall cause the certificate to be signed by its president or vice president and secretary or assistant secretary, and acknowledged by those officers before any person authorized by law to administer oaths or affirmations. The execution and filing of the certificate must be approved unanimously by the last appointed surviving directors of the corporation and must contain a recital that unanimous consent was secured.


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that unanimous consent was secured. The corporation shall pay to the secretary of state the fee required to establish a new corporation pursuant to the provisions of this chapter.

      4.  The filed certificate, or a copy thereof which has been certified under the hand and seal of the secretary of state, must be received in all courts and places as prima facie evidence of the facts therein stated and of the existence and incorporation of the corporation named therein.

      Sec. 27.  No document which is written in a language other than English may be filed or submitted for filing in the office of the secretary of state pursuant to the provisions of this chapter unless it is accompanied by a verified translation of that document into the English language.

      Sec. 28.  NRS 82.051 is hereby amended to read as follows:

      82.051  1.  This chapter applies to the following corporations:

      (a) Corporations organized in this state on or after October 1, 1991, pursuant to the provisions of this chapter.

      (b) Corporations existing on October 1, 1991, which were organized pursuant to the following repealed statutes as they existed on September 30, 1991, and any predecessor acts:

             (1) NRS 81.290 to 81.340, inclusive;

             (2) NRS 81.350 to 81.400, inclusive;

             (3) NRS 83.010 to 83.100, inclusive;

             (4) NRS 85.010 to 85.070, inclusive; and

             (5) NRS 86.010 to 86.190, inclusive.

      (c) Except where the following statutes are inconsistent with the provisions of this chapter, corporations existing on October 1, 1991, which were organized pursuant to:

             (1) NRS 81.170 to 81.270, inclusive; and

             (2) NRS 81.410 to 81.540, inclusive.

      (d) Corporations organized pursuant to the statutes described in paragraphs (b) and (c) [whose] :

             (1) Which seek to renew or revive a charter which was revoked on or before October 1, 1991, in the manner provided in this chapter; or

             (2) Whose charters are renewed or revived in the manner provided in this chapter.

      (e) Corporations having shares of stock organized before and existing on October 1, 1991, pursuant to any provision of chapter 81 of NRS which elect to accept this chapter as provided in NRS 82.056.

      2.  The existence of a corporation described in paragraphs (b) to (e), inclusive, of subsection 1 formed or existing before October 1, 1991, and any liability, cause of action, right, privilege or immunity validly existing in favor of or against any such corporation on October 1, 1991, are not affected, abridged, taken away or impaired by this chapter, or by any change in the requirements for the formation of corporations provided by this chapter, or by the amendment or repeal of any laws under which the corporation was formed or created.

      Sec. 29.  NRS 82.161 is hereby amended to read as follows:

      82.161  1.  Each corporation that is required to make the filings and pay the fees prescribed in this chapter but refuses or neglects to do so within the time provided is in default.


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      2.  For default, there must be added to the amount of the fee a penalty of $5 . [, and unless the filing is made and the fee and penalty are paid on or before the first day of the ninth month following the month in which the filing was required, the defaulting corporation, by reason of its default, forfeits the amount of the fee and penalty to the State of Nevada.

      3.] The fee and penalty must be collected as provided in this chapter.

      Sec. 30.  NRS 82.166 is hereby amended to read as follows:

      82.166  1.  [On or before the 15th day of the third month following the month in which filing was required, the] The secretary of state shall [compile a complete list of all defaulting corporations, together with the amounts] notify, by letter addressed to its resident agent, each corporation deemed in default pursuant to the provisions of this chapter. The notice must be accompanied by a statement indicating the amount of the filing fees, penalties and costs remaining unpaid.

      2.  On the first day of the ninth month following the month in which filing was required, the charter of the corporation is revoked and its right to transact business is forfeited.

      3.  The secretary of state shall compile a complete list containing the names of all corporations whose right to do business has been forfeited. The secretary of state shall forthwith notify each corporation, by letter addressed to its [president or secretary,] resident agent, of the forfeiture of its charter. The notice must be accompanied by a statement indicating the amount of the filing fees, penalties and costs remaining unpaid.

      4.  If the charter of a corporation is revoked and the right to transact business is forfeited, all the property and assets of the defaulting corporation must be held in trust by its directors, as for insolvent corporations, and the same proceedings may be had with respect to its property and assets as apply to insolvent corporations. Any interested person may institute those proceedings at any time after a forfeiture has been declared, but if the secretary of state reinstates the charter, the proceedings must be dismissed and all property restored to the officers of the corporation.

      5.  If the corporate assets are distributed, they must be applied to:

      (a) The payment of the filing fee, penalties and costs due to the state; and

      (b) The payment of the creditors of the corporation.

Any balance remaining must be distributed as set forth in the articles or bylaws or, if no such provisions exist, among the members of the corporation.

      Sec. 31.  NRS 82.171 is hereby amended to read as follows:

      82.171  1.  Except as otherwise provided in subsections 3 and 4, the secretary of state shall reinstate any corporation which has forfeited its right to transact business under the provisions of this chapter and restore the right to carry on business in this state and exercise its corporate privileges and immunities, if it:

      (a) Files with the secretary of state the list and designation required by NRS 82.146; and

      (b) Pays to the secretary of state [all filing fees, fees for licenses, penalties, costs and expenses due and in arrears at the time of the revocation of its charter, all filing fees, fees for licenses and penalties which have accrued since the revocation of its charter, and a] :


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             (1) The annual filing fee and penalty set forth in NRS 82.146 and 82.161 for each year or portion thereof during which its charter has been revoked; and

             (2) A fee of $25 for reinstatement.

      2.  When the secretary of state reinstates the corporation to its former rights, he shall:

      (a) Immediately issue and deliver to the corporation a certificate of reinstatement authorizing it to transact business, as if the fees had been paid when due; and

      (b) Upon demand, issue to the corporation a certified copy of the certificate of reinstatement.

      3.  The secretary of state shall not order a reinstatement unless all delinquent fees [, penalties and costs] and penalties have been paid, and the revocation of its charter occurred only by reason of its failure to pay the fees [, penalties and costs.] and penalties.

      4.  If a corporate charter has been revoked pursuant to the provisions of this chapter and has remained revoked for 10 consecutive years, the charter must not be reinstated.

      Sec. 32.  NRS 82.531 is hereby amended to read as follows:

      82.531  1.  The fee for filing articles of incorporation, amendments to or restatements of articles of incorporation and documents for dissolution is $25 for each document.

      2.  Except as otherwise provided in NRS 82.146 and 82.171 and subsection 1 of this section, the fees for filing documents are those set forth in NRS 78.765 to 78.785, inclusive.

      Sec. 33.  Chapter 84 of NRS is hereby amended by adding thereto the provisions set forth as sections 34 to 39, inclusive, of this act.

      Sec. 34.  No document which is written in a language other than English may be filed or submitted for filing in the office of the secretary of state pursuant to the provisions of this chapter unless it is accompanied by a verified translation of that document into the English language.

      Sec. 35.  1.  Every corporation sole must have a resident agent in the manner provided in NRS 78.090 and 78.095, subsections 1 to 4, inclusive, of NRS 78.097 and NRS 78.110. The resident agent shall comply with the provisions of those sections.

      2.  A corporation sole that fails to file a certificate of acceptance executed by the new resident agent within 30 days after the death, resignation or removal of its former resident agent shall be deemed in default and is subject to the provisions of sections 36 and 37 of this act.

      3.  No corporation sole may be required to file an annual list of officers, directors and designation of resident agent.

      Sec. 36.  1.  Each corporation sole that is required to make the filings and pay the fees prescribed in this chapter, but refuses or neglects to do so within the time provided, is in default.

      2.  For default, there must be added to the amount of the fee a penalty of $5. The fee and penalty must be collected as provided in this chapter.

      Sec. 37.  1.  The secretary of state shall notify, by letter addressed to its resident agent, each corporation sole deemed in default pursuant to the provisions of this chapter.


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provisions of this chapter. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.

      2.  On the first day of the ninth month following the month in which the filing was required, the charter of the corporation sole is revoked and its right to transact business is forfeited.

      3.  The secretary of state shall compile a complete list containing the names of all corporations sole whose right to do business has been forfeited. The secretary of state shall forthwith notify, by letter addressed to its resident agent, each such corporation of the forfeiture of its charter. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.

      Sec. 38.  1.  A resident agent who wishes to resign shall file with the secretary of state a signed statement for each corporation sole that he is unwilling to continue to act as the agent of the corporation for the service of process. The execution of the statement must be acknowledged. A resignation is not effective until the signed statement is filed with the secretary of state.

      2.  The statement of resignation may contain an acknowledged statement of the affected corporation sole appointing a successor resident agent for that corporation. A certificate of acceptance executed by the new resident agent, stating the full name, complete street address and, if different from the street address, mailing address of the new resident agent, must accompany the statement appointing a successor resident agent.

      3.  Upon the filing of the statement of resignation with the secretary of state the capacity of the resigning person as resident agent terminates. If the statement of resignation contains no statement by the corporation sole appointing a successor resident agent, the resigning resident agent shall immediately give written notice, by mail, to the corporation of the filing of the statement and its effect. The notice must be addressed to the person in whom is vested the legal title to property specified in NRS 84.020.

      4.  If a resident agent dies, resigns or removes from the state, the corporation sole, within 30 days thereafter, shall file with the secretary of state a certificate of acceptance executed by the new resident agent. The certificate must set forth the full name and complete street address of the new resident agent for the service of process, and may have a separate mailing address, such as a post office box, which may be different from the street address.

      5.  A corporation sole that fails to file a certificate of acceptance executed by the new resident agent within 30 days after the death, resignation or removal of its former resident agent shall be deemed in default and is subject to the provisions of sections 36 and 37 of this act.

      Sec. 39.  1.  Except as otherwise provided in subsections 3 and 4, the secretary of state shall reinstate any corporation sole which has forfeited its right to transact business under the provisions of this chapter and restore the right to carry on business in this state and exercise its corporate privileges and immunities, if it:

      (a) Files with the secretary of state a certificate of acceptance of appointment executed by the resident agent of the corporation; and

      (b) Pays to the secretary of state:

             (1) The filing fees and penalties set forth in this chapter for each year or portion thereof during which its charter has been revoked; and


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             (2) A fee of $25 for reinstatement.

      2.  When the secretary of state reinstates the corporation to its former rights, he shall:

      (a) Immediately issue and deliver to the corporation a certificate of reinstatement authorizing it to transact business, as if the fees had been paid when due; and

      (b) Upon demand, issue to the corporation a certified copy of the certificate of reinstatement.

      3.  The secretary of state shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of its charter occurred only by reason of its failure to pay the fees and penalties.

      4.  If a corporate charter has been revoked pursuant to the provisions of this chapter and has remained revoked for 10 consecutive years, the charter must not be reinstated.

      Sec. 40.  NRS 84.020 is hereby amended to read as follows:

      84.020  An archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, district superintendent, other presiding officer or clergyman of a church or religious society or denomination, who has been chosen, elected or appointed in conformity with the constitution, canons, rites, regulations or discipline of the church or religious society or denomination, and in whom is vested the legal title to property held for the purposes, use or benefit of the church or religious society or denomination, may make and subscribe written articles of incorporation, in duplicate, acknowledge the articles before a person authorized to take acknowledgments and file one [original] copy of the articles, together with a certificate of acceptance of appointment executed by the resident agent of the corporation, in the office of the secretary of state and retain possession of the other.

      Sec. 41.  NRS 84.090 is hereby amended to read as follows:

      84.090  1.  The fee for filing articles of incorporation, amendments to or restatements of articles of incorporation , certificates of reinstatement and documents for dissolution is $25 for each document.

      2.  Except as otherwise provided in [subsection 1,] this chapter, the fees set forth in NRS 78.785 apply to this chapter.

      Sec. 42.  Chapter 86 of NRS is hereby amended by adding thereto the provisions set forth as sections 43 and 44 of this act.

      Sec. 43.  Whenever a limited-liability company created pursuant to this chapter desires to change the location within this state of its registered office, or change its resident agent, or both, the change may be effected by filing with the secretary of state a certificate of change that sets forth:

      1.  The name of the limited-liability company;

      2.  That the change authorized by this section is effective upon the filing of the certificate of change;

      3.  The street address of its present registered office;

      4.  If the present registered office is to be changed, the street address of the new registered office;

      5.  The name of its present resident agent; and


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      6.  If the present resident agent is to be changed, the name of the new resident agent. The new resident agent’s certificate of acceptance must be a part of or attached to the certificate of change.

The certificate of change must be signed by a manager of the limited-liability company or, if no manager has been elected, by a member of the company, and must be acknowledged before a person authorized by the laws of the state to take acknowledgments.

      Sec. 44.  No document which is written in a language other than English may be filed or submitted for filing in the office of the secretary of state pursuant to the provisions of this chapter unless it is accompanied by a verified translation of that document into the English language.

      Sec. 45.  NRS 86.121 is hereby amended to read as follows:

      86.121  “Registered office” of a limited-liability company means the office maintained at the street address of its resident agent . [for service of process.]

      Sec. 46.  NRS 86.151 is hereby amended to read as follows:

      86.151  Two or more persons may form a limited-liability company by:

      1.  Executing, acknowledging and filing in the office of the secretary of state articles of organization for the company; and

      2.  Filing a certificate of acceptance of appointment, executed by the resident agent [for service of process] of the limited-liability company, in the office of the secretary of state.

      Sec. 47.  NRS 86.161 is hereby amended to read as follows:

      86.161  1.  The articles of organization must set forth:

      (a) The name of the limited-liability company;

      (b) The period of its duration, which may not exceed 30 years from the date of filing with the secretary of state;

      (c) The purposes for which the company is organized;

      (d) The address of the office where its records will be maintained as required by NRS 86.241, the name and complete street address of [the agent for service of process,] its resident agent, and the mailing address of the resident agent [for service of process] if different from the street address;

      (e) The right, if given, of the members to admit additional members, and the terms and conditions of the admission;

      (f) The right, if given, of the remaining members of the company to continue the business on the death, retirement, resignation, expulsion, bankruptcy or dissolution of a member or occurrence of any other event which terminates the continued membership of a member in the company; and

      (g) Any other provision, not inconsistent with law, which the members elect to set out in the articles of organization for the regulation of the internal affairs of the company, including any provisions which under this chapter are required or permitted to be set out in the operating agreement of the company.

      2.  If the company is to be managed by a manager or managers, the articles of organization must so state and must set out the names and post office box or street addresses, either residence or business, of the manager or managers who are to serve until the first annual meeting of members or until their successors are elected and qualify. If the management of a limited-liability company is reserved to the members, the names and post office box or street addresses either residence or business, of the members must be set out in the articles of organization, and the rights, if any, of the members to contract debts on behalf of the limited-liability company.


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articles of organization, and the rights, if any, of the members to contract debts on behalf of the limited-liability company.

      3.  It is not necessary to set out in the articles of organization any of the powers enumerated in this chapter.

      Sec. 48.  NRS 86.201 is hereby amended to read as follows:

      86.201  1.  Upon filing the articles of organization and the certificate of acceptance of the resident agent , [for service of process,] and the payment of filing fees, the limited-liability company is considered organized, and the filed articles of organization are rebuttable evidence that all conditions precedent required to be performed by the members have been complied with and that the limited-liability company has been legally organized pursuant to this chapter.

      2.  A limited-liability company must not transact business or incur indebtedness, except that which is incidental to its organization or to obtaining subscriptions for or payment of contributions, until the secretary of state has filed the articles of organization and the certificate of acceptance.

      Sec. 49.  NRS 86.221 is hereby amended to read as follows:

      86.221  1.  The articles of organization of a limited-liability company must be amended when:

      (a) There is a change in the name of the company;

      (b) There is a false or erroneous statement in the articles of organization;

      (c) There is a change in the time as stated in the articles of organization for the dissolution of the company;

      (d) A time is fixed for the dissolution of the company if no time is specified in the articles of organization;

      (e) A new or substituted member is admitted; or

      (f) The members desire to make a change in any other statement in the articles of organization to represent accurately the agreement between them.

      2.  A certificate of amendment must set forth:

      (a) The name of the limited-liability company;

      (b) The date of filing of the articles of organization; and

      (c) The amendment to the articles of organization.

      3.  The amendment must be signed and acknowledged by all members and an amendment adding a new member must also be signed and acknowledged by the member to be added.

      4.  Restated articles of organization may be executed and filed in the same manner as a certificate of amendment.

      Sec. 50.  (Deleted by amendment.)

      Sec. 51.  NRS 86.231 is hereby amended to read as follows:

      86.231  1.  Except during any period of vacancy described in NRS 86.251, a limited-liability company shall have [an agent for service of process] a resident agent who may be either a natural person, a domestic corporation or a foreign corporation authorized to do business in this state. Every resident agent [for service of process] must have a street address for the service of process. The street address of the resident agent [for service of process] is the registered office of the limited-liability company in this state.

      2.  Within 30 days after changing the location of his office from one address to another in this state, [an agent for service of process] a resident agent must file a certificate with the secretary of state setting forth the names of the limited-liability companies represented by him, the address at which he has maintained the office for each of the limited-liability companies, and the new address to which the office is transferred.


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of the limited-liability companies represented by him, the address at which he has maintained the office for each of the limited-liability companies, and the new address to which the office is transferred.

      Sec. 52.  NRS 86.251 is hereby amended to read as follows:

      86.251  1.  [An agent for service of process] A resident agent who desires to resign shall file with the secretary of state a signed statement for each limited-liability company that he is unwilling to continue to act as the agent of the limited-liability company for the service of process. The execution of the statement must be acknowledged. A resignation is not effective until the signed statement is filed with the secretary of state.

      2.  The statement of resignation may contain an acknowledged statement of the affected limited-liability company appointing a successor resident agent [for service of process] for that limited-liability company, giving the agent’s full name, street address for the service of process, and mailing address if different from the street address. A certificate of acceptance executed by the new resident agent [for service of process] must accompany the statement appointing a successor resident agent . [for service of process.]

      3.  Upon the filing of the statement of resignation with the secretary of state the capacity of the resigning person as resident agent [for service of process] terminates. If the statement of resignation contains no statement by the limited-liability company appointing a successor resident agent , [for service of process,] the resigning agent [for service of process] shall immediately give written notice, by mail, to the limited-liability company of the filing of the statement and its effect. The notice must be addressed to any manager or, if none, to any member, of the limited-liability company other than the resident agent . [for service of process.]

      4.  If [an agent for service of process] a resident agent dies, resigns or moves from the state, the limited-liability company, within 30 days thereafter, shall file with the secretary of state a certificate of acceptance executed by the new resident agent . [for service of process.] The certificate must set forth the name, complete street address and mailing address, if different from the street address, of the new resident agent . [for service of process.]

      5.  Each limited-liability company which fails to file a certificate of acceptance executed by the new resident agent [for service of process] within 30 days [of] after the death, resignation or removal of its resident agent [for service of process] as provided in subsection 4, shall be deemed in default and is subject to the provisions of NRS 86.272 and 86.274.

      Sec. 53.  NRS 86.261 is hereby amended to read as follows:

      86.261  1.  The resident agent [for service of process] appointed by a limited-liability company is an agent of the company upon whom any process, notice or demand required or permitted by law to be served upon the company may be served.

      2.  If a limited-liability company fails to appoint or maintain [an agent for service of process] a resident this state, or if its resident agent [for service of process] cannot with reasonable diligence be found at the registered office, then the secretary of state is an agent of the company upon whom any process, notice or demand may be served. Service on the secretary of state of any process, notice or demand must be made by delivering to and leaving with him, or with any clerk of his office, duplicate copies of the process, notice or demand.


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ê1995 Statutes of Nevada, Page 1129 (Chapter 435, SB 462)ê

 

process, notice or demand. If any process, notice or demand is served on the secretary of state, he shall immediately cause one of the copies thereof to be forwarded by registered mail addressed to the limited-liability company at its registered office. Any service so had on the secretary of state must be returnable in not less than 30 days.

      3.  The secretary of state shall keep a record of all process, notices and demands served upon him pursuant to this section and shall record therein the time of service and his action with reference thereto.

      4.  This section does not limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon a limited-liability company in any other manner permitted by law.

      Sec. 54.  NRS 86.263 is hereby amended to read as follows:

      86.263  1.  Each limited-liability company shall, on or before the last day of the month in which the anniversary date of formation occurs in each year, file with the secretary of state a list of its managers or, if none, its members, and a designation of its resident agent , [for service of process in this state,] certified by a manager or, if none, a member of the company.

      2.  Upon filing the list of managers or members and designation of resident agent , [for service of process,] the limited-liability company shall pay to the secretary of state a fee of $85.

      3.  The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each limited-liability company required to comply with the provisions of this section, and which has not become delinquent, the blank forms to be completed and filed with the secretary of state. Failure of any company to receive the forms does not excuse it from the penalty imposed by law.

      4.  An annual list of managers or members and designation of resident agent for [service of process for] a limited-liability company not in default received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year.

      Sec. 55.  NRS 86.266 is hereby amended to read as follows:

      86.266  When the fee for filing the annual list of managers or members and designation of a resident agent [for service of process] has been paid, the canceled check received by the limited-liability company constitutes a certificate authorizing it to transact its business within this state until the last day of the month in which the anniversary of its formation occurs in the next succeeding calendar year. If the company desires a formal certificate upon its payment of the annual fee, its payment must be accompanied by a self-addressed, stamped envelope.

      Sec. 56.  NRS 86.272 is hereby amended to read as follows:

      86.272  1.  Each limited-liability company required to make a filing and pay the fee prescribed in NRS 86.263 which refuses or neglects to do so within the time provided is in default.

      2.  For default there must be added to the amount of the fee a penalty of $15 . [, and unless the filing is made and the fee and penalty are paid on or before the first day of the ninth month following the month in which filing was required, the defaulting company, by reason of its default, forfeits the amount of the fee and penalty to the State of Nevada.] The fee and penalty must be collected as provided in this chapter.


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      Sec. 57.  NRS 86.274 is hereby amended to read as follows:

      86.274  1.  [On or before the 15th day of the third month following the month in which filing was required, the] The secretary of state shall [compile a complete list of all defaulting limited-liability companies, together with] notify, by letter addressed to its resident agent, each limited-liability company deemed in default pursuant to the provisions of this chapter. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.

      2.  On the first day of the ninth month following the month in which the filing was required, the charter of the company is revoked and its right to transact business is forfeited.

      3.  The secretary of state shall compile a complete list containing the names of all limited-liability companies whose right to do business has been forfeited. The secretary of state shall forthwith notify each limited-liability company by letter addressed to [a manager or, if none, then to a member of the company,] its resident agent of the forfeiture of its charter. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.

      4.  If the charter of a limited-liability company is revoked and the right to transact business is forfeited, all of the property and assets of the defaulting company must be held in trust by the managers or, if none, by the members of the company, and the same proceedings may be had with respect to its property and assets as apply to the dissolution of a limited-liability company. Any person interested may institute proceedings at any time after a forfeiture has been declared, but if the secretary of state reinstates the charter the proceedings must be dismissed and all property restored to the company.

      5.  If the assets are distributed they must be applied in the following manner:

      (a) To the payment of the filing fee, penalties and costs due to the state; and

      (b) To the payment of the creditors of the company.

Any balance remaining must be distributed among the members as provided in subsection 1 of NRS 86.521.

      Sec. 58.  NRS 86.276 is hereby amended to read as follows:

      86.276  1.  Except as otherwise provided in subsections 3 and 4, the secretary of state shall reinstate any limited-liability company which has forfeited its right to transact business under the provisions of this chapter and restore to the company its right to carry on business in this state, and to exercise its privileges and immunities, if it:

      (a) Files with [him] the secretary of state the list and designation required by NRS 86.263; and

      (b) Pays to [him all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the revocation of its charter, all filing fees, licenses and penalties which have accrued since the revocation of its charter, and a] the secretary of state:

             (1) The annual filing fee and penalty set forth in NRS 86.263 and 86.272 for each year or portion thereof during which its charter has been revoked; and

             (2) A fee of $50 for reinstatement.


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ê1995 Statutes of Nevada, Page 1131 (Chapter 435, SB 462)ê

 

      2.  When the secretary of state reinstates the limited-liability company, he shall:

      (a) Immediately issue and deliver to the company a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and

      (b) Upon demand, issue to the company one or more certified copies of the certificate of reinstatement.

      3.  The secretary of state shall not order a reinstatement unless all delinquent fees [, penalties and costs] and penalties have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees [, penalties and costs.] and penalties.

      4.  If a company’s charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.

      Sec. 59.  NRS 86.291 is hereby amended to read as follows:

      86.291  Except as otherwise provided in this section or in the operating agreement, management of a limited-liability company is vested in its members in proportion to their contribution to its capital, as adjusted from time to time to reflect properly any additional contributions or withdrawals by the members. If provision is made in the articles of organization, management of the company may be vested in a manager or managers who must be elected annually by the members in the manner prescribed by the operating agreement of the company. One or more members may be elected to serve as manager or managers. The manager or managers also hold the offices and have the responsibilities accorded to them by the members and set out in the operating agreement.

      Secs. 60 and 61.  (Deleted by amendment.)

      Sec. 62.  NRS 86.561 is hereby amended to read as follows:

      86.561  1.  The secretary of state shall charge and collect for:

      (a) Filing the original articles of organization, or for registration of a foreign company, $125;

      (b) Amending or restating the articles of organization, or amending the registration of a foreign company, $75;

      (c) [Filing a statement of intent to dissolve, $15;

      (d)] Filing the articles of dissolution [, and canceling the articles of organization] of a domestic or foreign company, $30;

      [(e)] (d) Filing a statement of change of address of a records or registered office , or change of the resident agent , [for service of process, or both, $15;

      (f)] $15;

      (e) Certifying articles of organization or an amendment to the articles, in both cases where a copy is provided, $10;

      [(g)] (f) Certifying an authorized printed copy of this chapter, $10;

      [(h) Certifying the reservation of]

      (g) Reserving a name for a limited-liability company, $20;

      [(i)] (h) Executing, filing or certifying any other document, [$10;

      (j) Comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made before certifying, 20 cents for each folio of 1,200 words of each document or paper compared; and


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ê1995 Statutes of Nevada, Page 1132 (Chapter 435, SB 462)ê

 

      (k)] $20; and

      (i) Copies made at the office of the secretary of state, $1 per page.

      2.  The secretary of state shall charge and collect at the time of any service of process on him as agent for service of process of a limited-liability company, $10 which may be recovered as taxable costs by the party to the action causing the service to be made if the party prevails in the action.

      3.  Except as otherwise provided in this section, the fees set forth in NRS 78.785 apply to this chapter.

      Sec. 63.  Chapter 88 of NRS is hereby amended by adding thereto the provisions set forth as sections 64 and 65 of this act.

      Sec. 64.  Whenever a limited partnership created pursuant to this chapter desires to change the location within this state of its registered office, or change its resident agent, or both, the change may be effected by filing with the secretary of state a certificate that sets forth:

      1.  The name of the limited partnership;

      2.  That the change authorized by this section is effective upon the filing of the certificate of change;

      3.  The street address of its present registered office;

      4.  If the present registered office is to be changed, the street address of the new registered office;

      5.  The name of its present resident agent; and

      6.  If the present resident agent is to be changed, the name of the new resident agent. The new resident agent’s certificate of acceptance must be a part of or attached to the certificate of change.

The certificate of change must be signed by a general partner of the limited partnership and acknowledged before a person authorized by the laws of the state to take acknowledgments.

      Sec. 65.  No document which is written in a language other than English may be filed or submitted for filing in the office of the secretary of state pursuant to the provisions of this chapter unless it is accompanied by a verified translation of that document into the English language.

      Sec. 66.  NRS 88.330 is hereby amended to read as follows:

      88.330  1.  Each limited partnership shall continuously maintain in this state:

      (a) An office, which may but need not be a place of its business in this state, at which must be kept the records required by NRS 88.335 to be maintained; and

      (b) [An] A resident agent for service of process on the limited partnership, who must be a natural person who is a resident of this state, a domestic corporation or a foreign corporation authorized to do business in this state.

      2.  Every such resident agent [for service of process] shall file a certificate thereof in the office of the secretary of state.

      3.  Within 30 days after changing the location of his office from one address to another in this state, [an agent for service of process] a resident agent shall file a certificate with the secretary of state setting forth the names of the limited partnerships represented by the agent, the address at which the agent has maintained the office for each of the limited partnerships, and the new address to which the office is transferred.


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ê1995 Statutes of Nevada, Page 1133 (Chapter 435, SB 462)ê

 

      4.  Within 30 days after changing the location of the office which contains records for a limited partnership, the agent shall file a notice of the change in address with the secretary of state which sets forth the name of the limited partnership, the previous address of the office and the new address of the office.

      Sec. 67.  NRS 88.332 is hereby amended to read as follows:

      88.332  1.  Any person who has been designated by a limited partnership as its resident agent [for service of process] and who thereafter desires to resign shall file with the secretary of state a signed statement that he is unwilling to continue to act as the resident agent of the limited partnership . [for service of process.] The execution of the statement must be acknowledged. A resignation is not effective until the signed statement is filed with the secretary of state. The statement of resignation may contain an acknowledged statement by the affected limited partnership appointing a successor resident agent for [service of process for] the limited partnership. A certificate of acceptance executed by the new agent, stating the full name, complete street address and, if different from the street address, mailing address of the new agent, must accompany the statement appointing the new agent . [for service of process.]

      2.  Upon the filing of the statement with the secretary of state the capacity of the person as resident agent [for service of process] terminates. If the statement of resignation does not contain a statement by the limited partnership appointing a successor resident agent , [for service of process,] the resigning agent shall immediately give written notice, by mail, to the limited partnership of the filing of the statement and the effect thereof. The notice must be addressed to a general partner of the partnership other than the resident agent . [for service of process.]

      3.  If a designated resident agent [for service of process] dies, resigns or removes from the state, the limited partnership, within 30 days thereafter, shall file with the secretary of state a certificate of acceptance, executed by the new resident agent . [for service of process.] The certificate must set forth the full name, complete street address and, if different from the street address, mailing address of the newly designated resident agent.

      4.  Each limited partnership which fails to file a certificate of acceptance executed by the new resident agent within 30 days after the death, resignation or removal of its resident agent as provided in subsection 3 shall be deemed in default and is subject to the provisions of NRS 88.400 and 88.405.

      Sec. 68.  NRS 88.350 is hereby amended to read as follows:

      88.350  1.  In order to form a limited partnership, a certificate of limited partnership must be executed and filed in the office of the secretary of state. The certificate must set forth:

      (a) The name of the limited partnership;

      (b) The address of the office and the name and address of the resident agent [for service of process] required to be maintained by NRS 88.330;

      (c) The name and the business address of each general partner;

      (d) The latest date upon which the limited partnership is to dissolve; and

      (e) Any other matters the general partners determine to include therein.


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ê1995 Statutes of Nevada, Page 1134 (Chapter 435, SB 462)ê

 

      2.  A certificate of acceptance of appointment of [an agent for service of process,] a resident agent, executed by the agent, must be filed with the certificate of limited partnership.

      3.  A limited partnership is formed at the time of the filing of the certificate of limited partnership and the certificate of acceptance in the office of the secretary of state or at any later time specified in the certificate of limited partnership if, in either case, there has been substantial compliance with the requirements of this section.

      Sec. 69.  NRS 88.380 is hereby amended to read as follows:

      88.380  1.  [Two signed copies] A signed copy of the certificate of limited partnership and of any certificates of amendment or cancellation or of any judicial decree of amendment or cancellation must be delivered to the secretary of state. A person who executes a certificate as an agent or fiduciary need not exhibit evidence of his authority as a prerequisite to filing. Unless the secretary of state finds that any certificate does not conform to law, upon receipt of all filing fees required by law he shall [:

      (a) Endorse on each duplicate original the word “Filed” and the day, month and year of the filing thereof;

      (b) File one duplicate original in his office; and

      (c) Return the other duplicate original to the person who filed it or his representative.] file the certificate.

      2.  Upon the filing of a certificate of amendment or judicial decree of amendment in the office of the secretary of state, the certificate of limited partnership is amended as set forth therein, and upon the effective date of a certificate of cancellation or a judicial decree thereof, the certificate of limited partnership is canceled.

      Sec. 70.  NRS 88.395 is hereby amended to read as follows:

      88.395  1.  Each limited partnership shall, on or before the last day of the month in which the anniversary date of the filing of its certificate of limited partnership occurs in each year, file with the secretary of state a list of its general partners and a designation of its resident agent in this state [for service of process, certified] , signed by a general partner of the limited partnership. The list must, after the name of each general partner listed thereon, set forth his post office box or street address.

      2.  If addresses are not thus stated for all listed partners on any list offered for filing, the secretary of state may refuse to file it, and the limited partnership for which the list has been offered for filing is subject to all the provisions relating to failure to file such a list within or at the times specified, unless such a list is subsequently submitted for filing conformably to the provisions of NRS 88.400

      3.  The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each limited partnership required to comply with the provisions of this section which has not become delinquent the blank forms to be completed and filed with the secretary of state. Failure of any limited partnership to receive the forms does not excuse it from the penalty imposed by NRS 88.400.

      Sec. 71.  NRS 88.400 is hereby amended to read as follows:

      88.400  1.  When the annual fee for filing the list has been paid, the canceled check received by the limited partnership constitutes a certificate authorizing it to transact its business within this state until the anniversary date of the filing of its certificate of limited partnership in the next succeeding calendar year.


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ê1995 Statutes of Nevada, Page 1135 (Chapter 435, SB 462)ê

 

authorizing it to transact its business within this state until the anniversary date of the filing of its certificate of limited partnership in the next succeeding calendar year. If the limited partnership desires a formal certificate upon its payment of the annual fee, its payment must be accompanied by a self-addressed, stamped envelope.

      2.  Each limited partnership which refuses or neglects to file the list and pay the fee within the time provided is in default.

      3.  For default there must be added to the amount of the fee a penalty of $15, and unless the filings are made and the fee and penalty are paid on or before the [1st] first day of the [9th] ninth month following the month in which filing was required, the defaulting limited partnership, by reason of its default, forfeits [:

      (a) The amount of the fee and penalty to the State of Nevada; and

      (b) Its] its right to transact any business within this state.

      Sec. 72.  NRS 88.405 is hereby amended to read as follows:

      88.405  1.  [On or before the 15th day of the 3rd month following the month in which filing was required, the] The secretary of state shall [compile a complete list of all] notify, by letter addressed to its resident agent, each defaulting limited [partnerships, together with] partnership. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.

      2.  Immediately after the [1st] first day of the [9th] ninth month following the month in which filing was required, the certificate of the limited partnership is revoked. The secretary of state shall compile a complete list containing the names of all limited partnerships whose right to do business has been forfeited. The secretary of state shall notify , by letter addressed to its resident agent, each limited partnership of the [forfeiture] revocation of its certificate. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.

      3.  In case of [forfeiture] revocation of the certificate and of the forfeiture of the right to transact business thereunder, all the property and assets of the defaulting domestic limited partnership are held in trust by the general partners, and the same proceedings may be had with respect thereto as for the judicial dissolution of a limited partnership. Any person interested may institute proceedings at any time after a forfeiture has been declared, but if the secretary of state reinstates the limited partnership the proceedings must at once be dismissed and all property restored to the general partners.

      Sec. 73.  NRS 88.410 is hereby amended to read as follows:

      88.410  1.  [Subject to the provisions of subsection 3,] Except as otherwise provided in subsections 3 and 4, the secretary of state may:

      (a) Reinstate any limited partnership which has forfeited its right to transact business; and

      (b) Restore to the limited partnership its right to carry on business in this state, and to exercise its privileges and immunities,

upon the filing with the secretary of state of [an affidavit stating the reason for the revocation of its certificate,] the list and designation required pursuant to NRS 88.395, and upon payment to the secretary of state of [all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the revocation, and also all filing fees, licenses and penalties which have accrued since the revocation.]


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ê1995 Statutes of Nevada, Page 1136 (Chapter 435, SB 462)ê

 

since the revocation.] the annual filing fee and penalty set forth in NRS 88.395 and 88.400 for each year or portion thereof during which the certificate has been revoked, and a fee of $50 for reinstatement.

      2.  When payment is made and the secretary of state reinstates the limited partnership to its former rights he shall:

      (a) Immediately issue and deliver to the limited partnership a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and

      (b) Upon demand, issue to the limited partnership one or more certified copies of the certificate of reinstatement.

      3.  The secretary of state shall not order a reinstatement unless all delinquent fees [, penalties and costs] and penalties have been paid, and the revocation occurred only by reason of failure to pay the fees [, penalties and costs.] and penalties.

      4.  If a limited partnership’s certificate has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 years, the certificate must not be reinstated.

      Sec. 74.  NRS 88.415 is hereby amended to read as follows:

      88.415  The secretary of state, for services relating to his official duties and the records of his office, shall charge and collect the following fees:

      1.  For filing a certificate of limited partnership, or for registering a foreign limited partnership, $125.

      2.  For filing a certificate of amendment of limited partnership or restated certificate of limited partnership, $75.

      3.  For filing a reinstated certificate of limited partnership, [$75.] $50.

      4.  For filing the annual list of general partners and designation of [an agent for service of process,] a resident agent, $85.

      5.  For filing a certificate of [the] a change of [address of an agent for service of process, $15 plus $1 for each limited partnership he represents.] location of the records office of a limited partnership or the office of its resident agent, or a designation of a new resident agent, $15.

      6.  For certifying a certificate of limited partnership, an amendment to the certificate, or a certificate as amended where a copy is provided, $10.

      7.  For certifying an authorized printed copy of the limited partnership law, $10.

      8.  For [certifying the reservation of] reserving a limited partnership name, [$20.

      9.  For] or for executing, filing or certifying any other document, [$10.

      10.  For comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made before certifying, 20 cents for each folio of 100 words of each document or paper compared.

      11.] $20.

      9.  For copies made at the office of the secretary of state, $1 per page.

      [12.] 10.  For filing a certificate of cancellation of a limited partnership, $30.

Except as otherwise provided in this section, the fees set forth in NRS 78.785 apply to this chapter.


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ê1995 Statutes of Nevada, Page 1137 (Chapter 435, SB 462)ê

 

      Sec. 75.  NRS 88.575 is hereby amended to read as follows:

      88.575  Before transacting business in this state, a foreign limited partnership shall register with the secretary of state. In order to register, a foreign limited partnership shall submit to the secretary of state, in duplicate, an application for registration as a foreign limited partnership, signed and sworn to by a general partner and a signed certificate of acceptance of [an] a resident agent for service of process. The application for registration must set forth:

      1.  The name of the foreign limited partnership and, if different, the name under which it proposes to register and transact business in this state;

      2.  The state and date of its formation;

      3.  The name and address of the resident agent [for service of process on the foreign limited partnership] whom the foreign limited partnership elects to appoint, who must be a natural person who is a resident of this state, a domestic corporation or a foreign corporation having a place of business in, and authorized to do business in this state;

      4.  A statement that the secretary of state is appointed the agent of the foreign limited partnership for service of process if the resident agent’s authority has been revoked or if the agent cannot be found or served with the exercise of reasonable diligence;

      5.  The address of the office required to be maintained in the state of its organization by the laws of that state or, if not so required, of the principal office of the foreign limited partnership;

      6.  The name and business address of each general partner; and

      7.  The address of the office at which is kept a list of the names and addresses of the limited partners and their capital contributions, together with an undertaking by the foreign limited partnership to keep those records until the foreign limited partnership’s registration in this state is canceled or withdrawn.

      Sec. 76.  NRS 88.595 is hereby amended to read as follows:

      88.595  A foreign limited partnership may cancel its registration by filing with the secretary of state a certificate of cancellation signed and [sworn to] acknowledged by a general partner. The certificate must set forth:

      1.  The name of the foreign limited partnership;

      2.  The date upon which its certificate of registration was filed;

      3.  The reason for filing the certificate of cancellation;

      4.  The effective date of the cancellation if other than the date of the filing of the certificate of cancellation; and

      5.  Any other information deemed necessary by the general partners of the partnership.

A cancellation does not terminate the authority of the secretary of state to accept service of process on the foreign limited partnership with respect to causes of action arising out of the transactions of business in this state.

      Sec. 77.  Chapter 89 of NRS is hereby amended by adding thereto the provisions set forth as sections 78 to 82, inclusive, of this act.

      Sec. 78.  No document which is written in a language other than English may be filed or submitted for filing in the office of the secretary of state pursuant to the provisions of this chapter unless it is accompanied by a verified translation of that document into the English language.


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ê1995 Statutes of Nevada, Page 1138 (Chapter 435, SB 462)ê

 

      Sec. 79.  1.  Each professional association required to make a filing and pay the fee prescribed in NRS 89.250 but refuses to do so within the time provided is in default.

      2.  For default, there must be added to the amount of the fee a penalty of $5. The fee and penalty must be collected as provided in this chapter.

      Sec. 80.  1.  The secretary of state shall notify by letter each professional association which is in default pursuant to the provisions of section 79 of this act. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.

      2.  On the first day of the ninth month following the month in which the filing was required, the articles of association of the professional association is revoked and its right to transact business is forfeited.

      3.  The secretary of state shall compile a complete list containing the names of all professional associations whose right to do business has been forfeited. The secretary of state shall forthwith notify each such association by letter of the forfeiture of its right to transact business. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.

      4.  If the articles of association of a professional association are revoked and the right to transact business is forfeited, all the property and assets of the defaulting association must be held in trust by its members, as for insolvent corporations, and the same proceedings may be had with respect to its property and assets as apply to insolvent corporations. Any interested person may institute proceedings at any time after a forfeiture has been declared, but if the secretary of state reinstates the articles of association the proceedings must be dismissed and all property restored to the members of the professional association.

      5.  If the assets of the association are distributed, they must be applied to:

      (a) The payment of the filing fee, penalties and costs due to the state; and

      (b) The payment of the creditors of the association.

Any balance remaining must be distributed as set forth in the articles of association or, if no such provisions exist, among the members of the association.

      Sec. 81.  1.  Except as otherwise provided in subsections 3 and 4, the secretary of state shall reinstate any professional association which has forfeited its right to transact business under the provisions of this chapter and restore the right to carry on business in this state and exercise its privileges and immunities if it:

      (a) Files with the secretary of state the statement and certification required by NRS 89.250; and

      (b) Pays to the secretary of state:

             (1) The annual filing fee and penalty set forth in NRS 89.250 and section 79 of this act for each year or portion thereof during which the articles of association have been revoked; and

             (2) A fee of $25 for reinstatement.

      2.  When the secretary of state reinstates the association to its former rights, he shall:


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ê1995 Statutes of Nevada, Page 1139 (Chapter 435, SB 462)ê

 

      (a) Immediately issue and deliver to the association a certificate of reinstatement authorizing it to transact business, as if the fees had been paid when due; and

      (b) Upon demand, issue to the association a certified copy of the certificate of reinstatement.

      3.  The secretary of state shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the association’s articles of association occurred only by reason of its failure to pay the fees and penalties.

      4.  If the articles of association of a professional association have been revoked pursuant to the provisions of this chapter and have remained revoked for 10 consecutive years, the articles must not be reinstated.

      Sec. 82.  Except as otherwise provided in NRS 89.200 to 89.270, inclusive, the fees set forth in NRS 78.785 apply to this chapter.

      Sec. 83.  (Deleted by amendment.)

      Sec. 84.  NRS 89.250 is hereby amended to read as follows:

      89.250  1.  A professional association shall, on or before [July 1 of] the last day of the month in which the anniversary date of its organization occurs in each year, furnish a statement to the secretary of state showing the names and residence addresses of all members and employees in such association and shall certify that all members and employees are [duly licensed or otherwise legally authorized] licensed to render professional service in this state.

      2.  The statement [shall:] must:

      (a) Be made on a form prescribed by the secretary of state but [shall contain no] must not contain any fiscal or other information except that expressly called for by this section.

      (b) Be signed by the chief executive officer of the association . [and acknowledged before a notary public by the person signing the statement.]

      3.  Upon filing the annual statement required by this section, the association shall pay to the secretary of state a fee of $15.

      Sec. 85.  NRS 80.075 is hereby repealed.

 

________

 

 

CHAPTER 436, AB 226

Assembly Bill No. 226–Committee on Ways and Means

CHAPTER 436

AN ACT making an appropriation to the office of the attorney general for applying for federal grants concerning family violence; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the office of the attorney general the sum of $20,000 for applying for federal grants concerning family violence and for expenses related to the Nevada Domestic Violence Prevention Council.


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ê1995 Statutes of Nevada, Page 1140 (Chapter 436, AB 226)ê

 

grants concerning family violence and for expenses related to the Nevada Domestic Violence Prevention Council.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________

 

 

CHAPTER 437, SB 189

Senate Bill No. 189–Committee on Transportation

CHAPTER 437

AN ACT relating to the department of transportation; authorizing the department to enter into a written listing agreement for the sale or lease of certain property acquired by the department; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 408.533 is hereby amended to read as follows:

      408.533  1.  All real property, interests therein or improvements thereon and personal property acquired before, on or after April 1, 1957, in accordance with the provisions of NRS 408.487 and 408.489 must, after approval by the board and if no longer needed for highway purposes, be disposed of by the director in accordance with the provisions of subsection 2, except that:

      (a) When the property was originally donated to the state, [then] no charge may be made if it is returned to the original owner or to the holder of the reversionary right.

      (b) When the property has been wholly or partially paid for by towns, cities or counties, [then] disposal of the property and of money received therefor must be agreed upon by the governing bodies of the towns, cities and counties and the department.

      (c) When the title to the real property has been acquired in fee [under] pursuant to NRS 408.487 and 408.489 and, in the opinion of the board, a sale by means of public auction or sealed bids is uneconomical or impractical because:

             (1) There is no access to the property;

             (2) The property has value or an increased value only to a single adjoining property owner; or

             (3) Such a sale would work an undue hardship upon a property owner [either] as a result of a severance of the property of that owner or a denial of access to a public highway,

the board may enter into a direct sale of the property with such an owner or [someone else] any other person for its fair market value.

      (d) When the property has been acquired and:


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ê1995 Statutes of Nevada, Page 1141 (Chapter 437, SB 189)ê

 

             (1) The proposed purpose for which it was acquired is later abandoned by the department; or

             (2) Part of the property is no longer needed for highway purposes [,] and the department determines that the property was acquired for less than its fair market value,

the department shall give notice of its intention to dispose of the property by publication in a newspaper of general circulation in the county where the property is situated. The notice must include the department’s appraisal of the fair market value of the property. Any person from whom the property was purchased or his heir or grantee may purchase the property at its fair market value by direct sale from the department within 60 days after the notice is published. If more than one person qualified to purchase the property by direct sale pursuant to this paragraph so requests, the person with the superior claim, as determined by the department in its sole discretion, is entitled to purchase the property by direct sale. If no person requests to purchase the property by direct sale within 60 days after the notice is published pursuant to this paragraph, the department shall sell the property in the manner provided in subsection 2.

      (e) When the property is sought by another public agency for a reasonable public use, the department may first offer the property to the public agency at its fair market value.

      2.  All property, interests or improvements not falling within the provisions of subsection 1 must first be [sold] offered for sale by the department singly or in combination [, to the highest bidder bidding for it either] at public auction or by sealed bids . [, the notice of which and terms of which] If the highest bid received is 90 percent or more of the department’s appraisal of the fair market value of the property, the property may be sold to the highest bidder. The notice and the terms of the sale must be published in a newspaper of general circulation in the county where the property is situated. Those auctions and openings of bids must be conducted by the department. If the property cannot be sold for 90 percent or more of its fair market value, the department may enter into a written listing agreement with a person licensed pursuant to chapter 645 of NRS to sell or lease the property for 90 percent or more of its fair market value.

      3.  It is conclusively presumed in favor of the department and any purchaser for value that the department acted within its lawful authority in acquiring and disposing of the property, and that the director acted within his lawful authority in executing any conveyance vesting title in the purchaser. All such conveyances must be quitclaim in nature and the department shall not warrant title, furnish title insurance or pay the tax on transfer of real property.

      4.  No person has a right of action against the department or its employees for a violation of this section. This subsection does not prevent an action by the attorney general on behalf of the State of Nevada or any aggrieved person.

      5.  All sums of money received by the department for the sale of real and personal property must be deposited with the state treasurer to be credited to the state highway fund, unless the Federal Highway Administration participated in acquisition of the property, in which case a pro rata share of the money obtained by disposal of the property must be paid to the Federal Highway Administration.


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ê1995 Statutes of Nevada, Page 1142 (Chapter 437, SB 189)ê

 

money obtained by disposal of the property must be paid to the Federal Highway Administration.

      6.  The department may reserve and except easements, rights or interests from the conveyance of any real property disposed of in accordance with this section or exchanged pursuant to subsection 5 of NRS 408.489. Those easements, rights or interests include, but are not limited to:

      (a) Abutter’s rights of light, view or air.

      (b) Easements of access to and from abutting land.

      (c) Covenants prohibiting the use of signs, structures or devices advertising activities not conducted, services not rendered or goods not produced or available on the real property.

 

________

 

 

CHAPTER 438, SB 337

Senate Bill No. 337–Committee on Taxation

CHAPTER 438

AN ACT relating to taxation; revising provisions governing exemptions from property tax for certain businesses relating to the conservation of fossil fuels; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.0685 is hereby amended to read as follows:

      361.0685  1.  Except as otherwise provided in this section, if a [business] :

      (a) Business that engages in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on site; or

      (b) Business that includes as a primary component an active system to utilize solar energy or a facility for the production of electrical energy from recycled material,

is found by the commission on economic development to have as a primary purpose the conservation of energy or the substitution of other sources of energy for fossil sources of energy and obtains certification from the commission on economic development pursuant to NRS 231.139, 75 percent of the personal and real property of the business is exempt from taxation.

      2.  Before an exemption may be granted pursuant to subsection 1, the business must execute an agreement with the commission on economic development which states that the business will continue in operation in Nevada for 30 or more years after the date on which the exemption is granted. The agreement must bind the successors in interest of the business. The exemption pursuant to this section continues until the expiration of the agreement or until the business discontinues in operation in Nevada, whichever occurs first.

      3.  The exemption provided in this section applies only to the business for which certification was granted pursuant to NRS 231.139 and the property used in connection with that business.


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ê1995 Statutes of Nevada, Page 1143 (Chapter 438, SB 337)ê

 

used in connection with that business. The exemption does not apply to property in Nevada that is not related to the business for which the certification was granted pursuant to NRS 231.139 or to property in existence and subject to taxation before the certification was granted.

      4.  Personal property exempted pursuant to subsection 1 may not receive an exemption for more than 10 consecutive years. Real property exempted pursuant to subsection 1 may not receive an exemption for more than 20 consecutive years.

      5.  As used in this section:

      (a) An “active system to utilize solar energy” is one which uses solar devices thermally isolated from the area where the energy is used and includes all the equipment used to collect and store solar energy, and to convert this energy into electricity, if the energy is used for:

             (1) Heating water for domestic, recreational, therapeutic or commercial use;

             (2) Heating or cooling air;

             (3) Production of electricity;

             (4) Industrial heating; or

             (5) Mechanical energy.

      (b) A “facility for the production of electrical energy from recycled material” is a facility which uses recycled material as its primary fuel including material from:

             (1) Industrial or domestic waste, other than hazardous waste, even though it includes a product made from oil, natural gas or coal, such as plastics, asphalt shingles or tires;

             (2) Agricultural crops, whether terrestrial or aquatic, and agricultural waste, such as manure and residue from crops; and

             (3) Municipal waste, such as sewage and sludge.

The term includes all the equipment in the facility used to process and convert into electricity the energy derived from a recycled material fuel.

      Sec. 2.  NRS 231.139 is hereby amended to read as follows:

      231.139  1.  The commission on economic development shall certify a business for the benefits provided pursuant to NRS [361.0685 and] 704.223 if the commission finds that:

      (a) The business is consistent with the state plan for industrial development and diversification and any guidelines adopted pursuant to the plan;

      (b) The business is engaged in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on site;

      (c) Establishing the business will require the business to make a capital investment of $50,000,000 in Nevada; and

      (d) The economic benefit to the state of approving the certification exceeds the cost to the state.

      2.  The commission on economic development shall certify a business for the benefits provided pursuant to NRS 361.0685 if the commission finds that:

      (a) The business is consistent with the state plan for industrial development and diversification and any guidelines adopted pursuant to the plan;


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

ê1995 Statutes of Nevada, Page 1144 (Chapter 438, SB 337)ê

 

      (b) [The business is engaged in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on site;

      (c)] Establishing the business will require the business to make a capital investment of $15,000,000 in Nevada; and

      [(d)] (c) The economic benefit to the state of approving the certification exceeds the cost to the state.

      3.  The commission on economic development may:

      (a) Request an allocation from the contingency fund pursuant to NRS 353.266, 353.268 and 353.369 to cover the costs incurred by the commission pursuant to this section and NRS 704.032.

      (b) Impose a reasonable fee for an application for certification pursuant to this section to cover the costs incurred by the commission in investigating and ruling on the application.

      (c) Adopt such regulations as it deems necessary to carry out the provisions of this section.

      Sec. 3.  NRS 361.076 is hereby repealed.

      Sec. 4.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 439, SB 518

Senate Bill No. 518–Committee on Taxation

CHAPTER 439

AN ACT relating to the Airport Authority of Carson City; extending the exemption from taxation provided for property of the Airport Authority; allowing the city official who is a member of the board of trustees of the Airport Authority to be reappointed upon the expiration of his term; and providing other matters properly relating thereto.

 

[Approved June 29, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 2 of chapter 844, Statutes of Nevada 1989, at page 2025, is hereby amended to read as follows:

       Sec. 2.  1.  The Airport Authority of Carson City is hereby created.

       2.  The property and revenues of the authority, [or] any interest therein, and any possessory interest in or right to use that property which the authority may grant, are exempt from all state and local taxation.

      Sec. 2.  Section 4 of chapter 844, Statutes of Nevada 1989, at page 2025, is hereby amended to read as follows:

       Sec. 4.  1.  The authority is governed by the board, which is composed of seven members appointed by the board of supervisors.

       2.  The board of supervisors shall appoint:

       (a) Three members who represent the general public, but not including any person described in paragraph (b) or (c). At least one of these members must be a city official selected by the board of supervisors and one must be a pilot who, at the time of his appointment, owns and operates an aircraft based at the airport.


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ê1995 Statutes of Nevada, Page 1145 (Chapter 439, SB 518)ê

 

one must be a pilot who, at the time of his appointment, owns and operates an aircraft based at the airport.

       (b) Two members who are manufacturers in the Carson City industrial airport, but not including any person described in paragraph (c).

       (c) Two members who are fixed base operators at the airport.

       3.  After the initial terms, the terms of office of each member of the board is 4 years. [A former member is] The city official who is appointed as a member of the board is eligible for reappointment to the board upon the expiration of his term. Each other member of the board is eligible for reappointment to the board 4 years after the expiration of his prior term.

      Sec. 3.  The legislature finds that:

      1.  The exemption of a leasehold, or a right to use property, from taxation is an element of the economic value of the leasehold or right, from which the grantor derives an economic benefit.

      2.  Where the public body owning an airport is not the same as the public body which would derive revenue from leaseholds or rights to use property located upon it, the existence of the exemption provided by section 1 of this act confers an economic benefit upon the public body owning the airport.

      3.  The exemption therefore serves a municipal purpose.

      Sec. 4.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 440, SB 136

Senate Bill No. 136–Committee on Transportation

CHAPTER 440

AN ACT making an appropriation to the legislative fund for computer equipment and software to allow interaction between the legislature and other entities through INTERNET; and providing other matters properly relating thereto.

 

[Approved June 30, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $64,000 for computer equipment and software to allow interaction between the legislature and other entities through INTERNET.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________


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ê1995 Statutes of Nevada, Page 1146ê

 

CHAPTER 441, SB 135

Senate Bill No. 135–Committee on Transportation

CHAPTER 441

AN ACT making an appropriation to the legislative fund for additional equipment and software for information systems for the legislative counsel bureau; and providing other matters properly relating thereto.

 

[Approved June 30, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $1,730,020 for additional equipment and software for information systems for the legislative counsel bureau.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________

 

 

CHAPTER 442, AB 393

Assembly Bill No. 393–Assemblymen Dini, Perkins, Steel, Anderson, Hettrick, Bache, Evans, de Braga, Neighbors, Segerblom, Carpenter, Schneider, Harrington, Williams, Price, Ernaut, Stroth, Humke, Chowning, Batten, Spitler, Buckley, Sandoval, Tiffany, Tripple, Manendo, Monaghan, Lambert, Giunchigliani, Close, Marvel, Arberry, Krenzer, Nolan, Freeman, Ohrenschall, Bennett, Goldwater, Fettic, Allard, Braunlin and Brower

CHAPTER 442

AN ACT relating to weapons; revising various provisions relating to the handling or possession of a firearm by a child; authorizing the juvenile court to order certain persons to attend counseling paid for by the sale of forfeited conveyances used to violate certain provisions related to the possession of a firearm by a child; providing that under certain circumstances a parent is liable for damages caused by the negligence or willful misconduct of a minor in connection with the use or possession of a firearm; increasing the penalty for certain offenses related to the possession of firearms by children and the sale of certain firearms to children; revising the provisions governing the disposition of confiscated weapons; and providing other matters properly relating thereto.

 

[Approved June 30, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.


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

ê1995 Statutes of Nevada, Page 1147 (Chapter 442, AB 393)ê

 

      Sec. 2.  1.  In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the court shall:

      (a) For the first offense:

             (1) Require him to perform 100 hours of public service in the manner provided in paragraph (e) of subsection 1 of NRS 62.211; and

             (2) Suspend his driver’s license for not more than 1 year or, if he does not possess a driver’s license, prohibit the child from applying for a driver’s license for not more than 1 year:

             (I) Immediately following the date of the order, if the child is eligible to apply for a driver’s license.

             (II) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to apply for a license on the date of the order.

      (b) For the second offense:

             (1) Require him to perform at least 100 hours, but not more than 250 hours of public service in the manner provided in paragraph (e) of subsection 1 of NRS 62.211; and

             (2) Suspend his driver’s license for not more than 2 years or, if he does not possess a driver’s license, prohibit the child from applying for a driver’s license for not more than 2 years:

             (I) Immediately following the date of the order, if the child is eligible to apply for a driver’s license.

             (II) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to apply for a license on the date of the order.

      2.  If the court issues an order suspending the driver’s license of a child pursuant to this section, 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.

      3.  If, pursuant to this section, the court issues an order delaying the ability of a child to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order.

      4.  If a 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.

      5.  The department of motor vehicles and public safety:

      (a) Shall report a suspension pursuant to this section to an insurance company or its agent inquiring about the child’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting.

      (b) 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. 3.  In addition to the options set forth in NRS 62.211 and 62.213 and the requirements of section 2 of this act, if a child is adjudicated delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the court shall order that any license to hunt issued to the child pursuant to chapter 502 of NRS must be revoked by the division of wildlife of the state department of conservation and natural resources and that the child shall not apply for a license to hunt within the 2 years following the date of the order or until he is 18 years of age, whichever is later.


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ê1995 Statutes of Nevada, Page 1148 (Chapter 442, AB 393)ê

 

pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the court shall order that any license to hunt issued to the child pursuant to chapter 502 of NRS must be revoked by the division of wildlife of the state department of conservation and natural resources and that the child shall not apply for a license to hunt within the 2 years following the date of the order or until he is 18 years of age, whichever is later. The judge shall require the child to surrender to the court any license to hunt then held by the child. The court shall, within 5 days after issuing the order, forward to the division of wildlife any license to hunt surrendered by the child, together with a copy of the order.

      Sec. 4.  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 [must] shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and [must] 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 a public organization to work on public projects or a private nonprofit organization to perform 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.

      (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.


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ê1995 Statutes of Nevada, Page 1149 (Chapter 442, AB 393)ê

 

      (g) Require the child to provide restitution to the victim of the crime which the child has committed.

      (h) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

      (i) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters, or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.

      2.  If the court finds that the child is a serious or chronic offender, it may, in addition to the options set forth in subsection 1 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.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

      4.  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.  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. 5.  NRS 62.385 is hereby amended to read as follows:

      62.385  1.  When a child applies for a driver’s license, the department of motor vehicles and public safety shall notify the child of the provisions of NRS 62.226 [.] and section 2 of this act.

      2.  After providing the notice pursuant to subsection 1, the department shall require the child to sign an affidavit acknowledging that he is aware that his driver’s license may be suspended pursuant to NRS 62.226 [.] or section 2 of this act.

      Sec. 6.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a parent, guardian or other person legally responsible for a minor under the age of 18 years:

      (a) Knows that the minor has previously been adjudicated delinquent or has been convicted of a criminal offense;

      (b) Knows that the minor has a propensity to commit violent acts; or

      (c) Knows or has reason to know that the minor intends to use the firearm for unlawful purposes,

and permits the minor to use or possess a firearm, any negligence or willful misconduct of the minor in connection with such use or possession is imputed to the person who permits such use or possession for all purposes of civil damages, and, notwithstanding the provisions of subsection 2 of NRS 41.470, that person is jointly and severally liable with the minor for any and all damages caused by such negligence or willful misconduct.


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

ê1995 Statutes of Nevada, Page 1150 (Chapter 442, AB 393)ê

 

to the person who permits such use or possession for all purposes of civil damages, and, notwithstanding the provisions of subsection 2 of NRS 41.470, that person is jointly and severally liable with the minor for any and all damages caused by such negligence or willful misconduct.

      2.  As used in this section, “firearm” has the meaning ascribed to it in NRS 202.253.

      Sec. 7.  NRS 179.118 is hereby amended to read as follows:

      179.118  1.  The proceeds from any sale or retention of property declared to be forfeited must be applied, first, to the satisfaction of any protected interest established by a claimant in the proceeding, then to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of effecting the seizure, the expense of maintaining custody, the expense of advertising and costs of suit.

      2.  Any balance remaining after the distribution required by subsection 1 must be deposited as follows:

      (a) [If] Except as otherwise provided in this subsection, if the plaintiff seized the property, in the special account established pursuant to NRS 179.1187 by the governing body which controls the plaintiff.

      (b) [If] Except as otherwise provided in this subsection, if the plaintiff is a metropolitan police department, in the special account established by the metropolitan police committee on fiscal affairs pursuant to NRS 179.1187.

      (c) [If] Except as otherwise provided in this subsection, if more than one agency was substantially involved in the seizure, in an equitable manner to be directed by the court hearing the proceeding for forfeiture.

      (d) If the property was seized pursuant to NRS 200.760, in the state treasury for credit to the fund for the compensation of victims of crime to be used for the counseling and the medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720, 200.730 or 201.230.

      (e) If the property was seized as the result of a violation of NRS 202.300, in the general fund of the county in which the complaint for forfeiture was filed, to be used to support programs of counseling of persons ordered by the court to attend counseling pursuant to paragraph (i) of subsection 1 of NRS 62.211.

      Sec. 8.  NRS 179.121 is hereby amended to read as follows:

      179.121  1.  All personal property, including any tool, substance, weapon, machine, money or security, which is used as an instrumentality in the commission of or attempted commission of the crime of murder, robbery, kidnaping, burglary, invasion of the home, grand larceny or pandering, or a violation of NRS 200.465, 202.265, 202.287, or 465.070 to 465.085, inclusive, is subject to forfeiture.

      2.  Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287 , 202.300 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:

      (a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or [such] violation;


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ê1995 Statutes of Nevada, Page 1151 (Chapter 442, AB 393)ê

 

      (b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge, consent or willful blindness; [and]

      (c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not loaded at the time of the violation; and

      (d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.

      3.  For the purposes of this section, a firearm is loaded if:

      (a) There is a cartridge in the chamber of the firearm;

      (b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

      (c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.

      Sec. 9.  NRS 202.253 is hereby amended to read as follows:

      202.253  As used in NRS 202.255 to 202.360, inclusive [, “firearm”] :

      1.  “Firearm” means any [weapon with a caliber of .177 inches or greater] device designed to be used as a weapon from which a projectile may be [propelled by means of explosive, spring, gas, air or other force.] expelled through the barrel by the force of any explosion or other form of combustion.

      2.  “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.

      3.  “Motor vehicle” means every vehicle that is self-propelled.

      Sec. 10.  NRS 202.265 is hereby amended to read as follows:

      202.265  1.  Except as otherwise provided in this section, a person shall not carry or possess, while on the property of the University and Community College System of Nevada or a private or public school or while in a vehicle of a private or public school:

      (a) An explosive or incendiary device;

      (b) A dirk, dagger or switchblade knife;

      (c) A nunchaku or trefoil;

      (d) A blackjack or billy club or metal knuckles; or

      (e) A pistol, revolver or other firearm.

      2.  Any person who violates subsection 1 is guilty of a gross misdemeanor.

      3.  This section does not prohibit the possession of a weapon listed in subsection 1 on the property of a private or public school by a:

      (a) Peace officer;

      (b) School security guard; or

      (c) Person having written permission from the president of a branch or facility of the University and Community College System of Nevada or the principal of the school to carry or possess the weapon.

      4.  For the purposes of this section:

      (a) “Explosive or incendiary device” has the meaning ascribed to it in NRS 202.260.

      (b) “Firearm” includes:


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ê1995 Statutes of Nevada, Page 1152 (Chapter 442, AB 393)ê

 

             (1) Any device used to mark the clothing of a person with paint or any other substance; and

             (2) Any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.

      (c) “Nunchaku” has the meaning ascribed to it in NRS 202.350.

      [(c)] (d) “Switchblade knife” has the meaning ascribed to it in NRS 202.350.

      [(d)] (e) “Trefoil” has the meaning ascribed to it in NRS 202.350.

      [(e)] (f) “Vehicle” has the meaning ascribed to it in NRS 484.148.

      Sec. 11.  NRS 202.287 is hereby amended to read as follows:

      202.287  1.  Any person, while in a motor vehicle, whether under the influence of liquor, a controlled substance or otherwise, who maliciously or wantonly discharges or causes to be discharged out of the motor vehicle, any pistol, gun or any other kind of firearm:

      (a) If the motor vehicle is not within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a misdemeanor.

      (b) If the motor vehicle is within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, shall be punished by imprisonment in the state prison for not less than 1 year or more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      2.  The provisions of this section do not apply to:

      (a) A person who lawfully shoots at a game mammal or game bird pursuant to subsection 2 of NRS 503.010; or

      (b) A peace officer while engaged in the performance of his official duties.

      [3.  As used in this section, “motor vehicle” means every vehicle which is self-propelled.]

      Sec. 12.  NRS 202.300 is hereby amended to read as follows:

      202.300  1.  [A minor] Except as otherwise provided in this section, a child under the age of [14] 18 years shall not handle or have in his possession or under his control, except while accompanied by or under the immediate charge of his parent or guardian or an adult person [,] authorized by his parent or guardian to have control or custody of the child, any firearm of any kind for hunting or target practice or for other purposes. A child who violates this subsection commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.

      2.  [Every person violating any of the provisions of subsection 1, or aiding or knowingly permitting any such minor] A person who aids or knowingly permits a child to violate [the] subsection 1:

      (a) Except as otherwise provided in paragraph (b), for the first offense, is guilty of a misdemeanor.

      (b) For a first offense, if the person knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act, is guilty of a felony.

      (c) For a second or any subsequent offense, is guilty of a felony.

      3.  [In determining the appropriate penalty for a violation of subsection 2, the court shall consider as an aggravating factor, if applicable, whether the defendant left a loaded firearm within reach of or easily accessible to a minor who used the firearm to inflict injury or death upon himself or another person, unless:] A person does not aid or knowingly permit a child to violate subsection 1 if:

 


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ê1995 Statutes of Nevada, Page 1153 (Chapter 442, AB 393)ê

 

defendant left a loaded firearm within reach of or easily accessible to a minor who used the firearm to inflict injury or death upon himself or another person, unless:] A person does not aid or knowingly permit a child to violate subsection 1 if:

      (a) The firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;

      (b) The [minor] child obtained the firearm as a result of an unlawful entry by any person in or upon the premises where the firearm was stored;

      (c) The injury or death resulted from an accident which was incident to target shooting, sport shooting or hunting; or

      (d) The [minor] child gained possession of the firearm from a member of the military or a law enforcement officer, while the member or officer was performing his official duties.

      4.  The provisions of subsection 1 do not apply to a child who is a member of the Armed Forces of the United States.

      5.  Except as otherwise provided in subsection 8, a child who is 14 years of age or older, who has in his possession a valid license to hunt, may handle or have in his possession or under his control, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him:

      (a) A rifle or shotgun that is not a fully automatic firearm if the child is not otherwise prohibited by law from possessing the rifle or shotgun and the child has the permission of his parent or guardian to handle or have in his possession or under his control the rifle or shotgun; or

      (b) A firearm capable of being concealed upon the person, if the child has the written permission of his parent or guardian to handle or have in his possession or under his control such a firearm and the child is not otherwise prohibited by law from possessing such a firearm,

and the child is traveling to the area in which he will be hunting or returning from that area and the firearm is not loaded, or the child is hunting pursuant to that license.

      6.  Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his possession or under his control a rifle or shotgun that is not a fully automatic firearm if the child is not otherwise prohibited by law from possessing the rifle or shotgun, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him, if the child has the permission of his parent or guardian to handle or have in his possession or under his control the rifle or shotgun and the child is:

      (a) Attending a course of instruction in the responsibilities of hunters or a course of instruction in the safe use of firearms;

      (b) Practicing the use of a firearm at an established firing range or at any other area where the discharge of a firearm is permitted;

      (c) Participating in a lawfully organized competition or performance involving the use of a firearm;

      (d) Within an area in which the discharge of firearms has not been prohibited by local ordinance or regulation and he is engaging in a lawful hunting activity in accordance with chapter 502 of NRS for which a license is not required;


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ê1995 Statutes of Nevada, Page 1154 (Chapter 442, AB 393)ê

 

      (e) Traveling to or from any activity described in paragraph (a), ( b), (c) or (d), and the firearm is not loaded;

      (f) On real property that is under the control of an adult, and the child has the permission of that adult to possess the firearm on the real property; or

      (g) At his residence.

      7.  Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his possession or under his control, for the purpose of engaging in any of the activities listed in paragraph (a) to (g), inclusive, of subsection 6, a firearm capable of being concealed upon the person, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him, if the child:

      (a) Has the written permission of his parent or guardian to handle or have in his possession or under his control such a firearm for the purpose of engaging in such an activity; and

      (b) Is not otherwise prohibited by law from possessing such a firearm.

      8.  A child shall not handle or have in his possession or under his control a loaded firearm if he is:

      (a) An occupant of a motor vehicle;

      (b) Within any residence, including his residence, or any building other than a facility licensed for target practice, unless possession of the firearm is necessary for the immediate defense of the child or another person; or

      (c) Within an area designated by a county or municipal ordinance as a populated area for the purpose of prohibiting the discharge of weapons, unless he is within a facility licensed for target practice.

      9.  For the purposes of this section, a firearm is loaded if:

      (a) There is a cartridge in the chamber of the firearm;

      (b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

      (c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.

      Sec. 13.  NRS 202.310 is hereby amended to read as follows:

      202.310  [1.] Any person in this state who sells or barters to [another] a child under the age of 18 years [either] , with reckless disregard of whether the child is under the age of 18 years, or with knowledge or reason to know that the child is under the age of 18 years, a pistol, revolver or a firearm capable of being concealed upon the person [shall be] is guilty of a [misdemeanor.] felony.

      [2.  The term “firearm capable of being concealed upon the person” as used in this section applies to and includes all firearms having a barrel less than 12 inches in length.]

      Sec. 14.  NRS 202.340 is hereby amended to read as follows:

      202.340  1.  Except as otherwise provided for firearms forfeitable pursuant to NRS 453.301, when any [of the instruments or weapons] instrument or weapon described in NRS 202.350 [are] is taken from the possession of any person charged with the commission of any public offense or crime or any child charged with committing a delinquent act, the [instruments or weapons] instrument or weapon must be surrendered to:


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ê1995 Statutes of Nevada, Page 1155 (Chapter 442, AB 393)ê

 

      (a) The head of the police force or department of an incorporated city if the possession thereof was detected by any member of the police force of the city; or

      (b) The chief administrator of a state law enforcement agency, for disposal pursuant to NRS 333.220, if the possession thereof was detected by any member of the agency.

In all other cases, the instrument or weapon must be surrendered to the sheriff of the county or the sheriff of the metropolitan police department for the county in which the instrument or weapon was taken.

      2.  Except as otherwise provided in subsection 5, the governing body of the county or city or the metropolitan police committee on fiscal affairs shall at least once a year order the local law enforcement officer to whom any instrument or weapon is surrendered pursuant to subsection 1 to:

      (a) Retain the confiscated instrument or weapon for use by the law enforcement agency headed by the officer;

      (b) Sell the confiscated instrument or weapon to another law enforcement agency at a price not less than its prevailing market value; or

      (c) Sell the confiscated instrument or weapon at a public auction to be held at least once in each year, after notice giving the place and time of the auction and describing the instruments or weapons to be sold is published once a week for 2 weeks immediately preceding the date of the auction in a newspaper of general circulation in the county or city.

      3.  All proceeds of a sale ordered pursuant to subsection 2 by:

      (a) The governing body of a county or city must be deposited with the county treasurer or the city treasurer and the county treasurer or the city treasurer shall credit the proceeds to the general fund of the county or city.

      (b) A metropolitan police committee on fiscal affairs must be deposited in a fund which was created pursuant to NRS 280.220.

      4.  Any officer receiving an order as provided in subsection 2 shall comply with the order as soon as practicable.

      5.  The officer to whom a confiscated instrument or weapon is surrendered pursuant to subsection 1 shall:

      (a) [Destroy] Except as otherwise provided in paragraph (c), destroy or direct to be destroyed any instrument or weapon which is determined to be dangerous to the safety of the public.

      (b) [Return] Except as otherwise provided in paragraph (c), return any instrument or weapon, which has not been destroyed pursuant to paragraph (a) [, upon demand, to the] :

             (1) Upon demand, to the person from whom the instrument or weapon was confiscated if the person is acquitted of the public offense or crime of which he was charged [.] ; or

             (2) To the legal owner of the instrument or weapon if the attorney general or the district attorney determines that the instrument or weapon was unlawfully acquired from the legal owner. If retention of the instrument or weapon is ordered or directed pursuant to paragraph (c), except as otherwise provided in paragraph (a), the instrument or weapon must be returned to the legal owner as soon as practicable after the order or direction is rescinded.

      (c) Retain the confiscated instrument or weapon held by him pursuant to an order of a judge of a court of record or by direction of the attorney general or district attorney that the retention is necessary for purposes of evidence, until the order or direction is rescinded.


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ê1995 Statutes of Nevada, Page 1156 (Chapter 442, AB 393)ê

 

district attorney that the retention is necessary for purposes of evidence, until the order or direction is rescinded.

      Sec. 15.  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 or section 2 of this act which delays his privilege to drive.

      Sec. 16.  NRS 483.460 is hereby amended to read as follows:

      483.460  1.  [Unless] Except as 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] A violation of NRS 484.3795 or subsection 2 of NRS 484.377 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.

             (2) A third or subsequent violation within 7 years of NRS 484.379.

      (b) For a period of 1 year if the offense is:

             (1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             (2) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.


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ê1995 Statutes of Nevada, Page 1157 (Chapter 442, AB 393)ê

 

             (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 to NRS 62.226 [,] or section 2 of this act, ordered the suspension or delay in issuance of a child’s license, the department shall take such actions as are necessary to carry out the court’s order.

      Sec. 17.  NRS 483.490 is hereby amended to read as follows:

      483.490  1.  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.


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ê1995 Statutes of Nevada, Page 1158 (Chapter 442, AB 393)ê

 

      2.  After a driver’s license has been suspended pursuant to NRS 62.226 [,] or section 2 of this act, 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.

      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.

      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.

      Sec. 18.  NRS 483.495 is hereby amended to read as follows:

      483.495  The department shall by regulation:

      1.  Except as otherwise provided in subsection 4 of NRS 62.226 [,] or subsection 5 of section 2 of this act, set forth any tests and other requirements which are a condition for the reinstatement of a license after any suspension, revocation, cancellation or voluntary surrender of the license. The tests and requirements:

      (a) Must provide for a fair evaluation of a person’s ability to operate a motor vehicle; and

      (b) May allow for the waiver of certain tests or requirements as the department deems necessary.

      2.  Set forth the circumstances under which the administrator may, for good cause shown, rescind the revocation, suspension or cancellation of a license, or shorten the period for the suspension of a license.

      Sec. 19.  NRS 483.580 is hereby amended to read as follows:

      483.580  A person shall not cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when the minor is not authorized under the provisions of NRS 483.010 to 483.630, inclusive, or is in violation of any of the provisions of NRS 483.010 to 483.630, inclusive, or if his license is suspended pursuant to NRS 62.226 [.] or section 2 of this act.

      Sec. 20.  Chapter 502 of NRS is hereby amended by adding thereto a new section to read as follows:

      Upon receipt of a copy of an order of the juvenile division of a district court, entered pursuant to section 3 of this act, to revoke the license to hunt of a child, the division shall revoke the license. The revocation of the license to hunt shall be deemed effective as of the date of the order. The division shall retain the copy of the order.


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ê1995 Statutes of Nevada, Page 1159 (Chapter 442, AB 393)ê

 

      Sec. 21.  NRS 502.010 is hereby amended to read as follows:

      502.010  1.  [Every] A person who hunts or traps any of the wild birds or mammals or who fishes without having first procured a license or permit to do so, as provided in this Title, is guilty of a misdemeanor, except that:

      (a) [No] A license to hunt or fish is not required of a resident of this state who is under 12 years of age, unless required for the issuance of tags as prescribed in this Title or by the regulations of the commission.

      (b) [No] A license to fish is not required of a nonresident of this state who is under 12 years of age, but the number of fish taken by such a nonresident must not exceed 50 percent of the daily creel and possession limits as provided by law.

      (c) [It] Except as otherwise provided in subsection 5 or 6 of NRS 202.300, it is unlawful for any child who is under [14] 18 years of age to hunt any of the wild birds or mammals with any firearm, unless the child is accompanied at all times by his parent or guardian or is accompanied at all times by an adult person authorized by his parent or guardian to have control or custody of the child for the purpose of hunting if the authorized person is also licensed to hunt.

      (d) [No] A child under 12 years of age, whether accompanied by a qualified person or not, [may] shall not hunt big game in the State of Nevada. This section does not prohibit any child from accompanying an adult licensed to hunt.

      (e) The commission may adopt regulations setting forth the species of wild birds or mammals which may be hunted or trapped without a license or permit.

      (f) The commission may declare one day per year as a day upon which persons may fish without a license to do so.

      2.  This section does not apply to the protection of persons or property from unprotected wild birds or mammals on or in the immediate vicinity of home or ranch premises.

      Sec. 22.  NRS 502.060 is hereby amended to read as follows:

      502.060  1.  [Every] A person applying for and procuring a license, as provided in this chapter, shall give to the license agent his name and residence address, which must be entered by the license agent on the license and stub, together with the date of issuance and a description of the person. If a child under the age of 18 years is applying for a license to hunt, the child’s parent or legal guardian must sign the application and an attached statement acknowledging that the parent or legal guardian has been advised of the provisions of section 6 of this act.

      2.  Except as otherwise provided in subsection 3, any person who makes any false statement or furnishes false information to obtain any license, tag or permit issued pursuant to the provisions of this Title is guilty of a misdemeanor.

      3.  Any person who makes any false statement or furnishes false information to obtain any big game tag issued pursuant to the provisions of this Title is guilty of a gross misdemeanor.

      4.  It is unlawful for any person to hunt, fish or trap using any hunting, fishing or trapping license which is invalid by reason of expiration or a false statement made to obtain [such] the license.


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ê1995 Statutes of Nevada, Page 1160 (Chapter 442, AB 393)ê

 

      5.  As used in this section, “big game tag” means a tag permitting a person to hunt any species of prong-horned antelope, bear, deer, mountain goat, mountain lion, bighorn sheep or elk.

      Sec. 23.  Section 1 of Assembly Bill No. 125 of this session is hereby amended to read 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 [a] :

             (1) A public organization to work on public projects ;

             (2) A public agency to work on projects to eradicate graffiti; or [a]

             (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.


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ê1995 Statutes of Nevada, Page 1161 (Chapter 442, AB 393)ê

 

       (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) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

       (i) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.

       2.  If the court finds that the child is a serious or chronic offender, it may, in addition to the options set forth in subsection 1 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.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

       4.  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.  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. 24.  Section 1 of Senate Bill No. 41 of this session is hereby amended to read as follows:

       Section 1.  NRS 202.340 is hereby amended to read as follows:

       202.340  1.  Except as otherwise provided for firearms forfeitable pursuant to NRS 453.301, when any instrument or weapon described in NRS 202.350 is taken from the possession of any person charged with the commission of any public offense or crime or any child charged with committing a delinquent act, the instrument or weapon must be surrendered to:

       (a) The head of the police force or department of an incorporated city if the possession thereof was detected by any member of the police force of the city; or


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ê1995 Statutes of Nevada, Page 1162 (Chapter 442, AB 393)ê

 

       (b) The chief administrator of a state law enforcement agency, for disposal pursuant to NRS 333.220, if the possession thereof was detected by any member of the agency.

In all other cases, the instrument or weapon must be surrendered to the sheriff of the county or the sheriff of the metropolitan police department for the county in which the instrument or weapon was taken.

       2.  Except as otherwise provided in subsection 5, the governing body of the county or city or the metropolitan police committee on fiscal affairs shall at least once a year order the local law enforcement officer to whom any instrument or weapon is surrendered pursuant to subsection 1 to:

       (a) Retain the confiscated instrument or weapon for use by the law enforcement agency headed by the officer;

       (b) Sell the confiscated instrument or weapon to another law enforcement agency [at a price not less than its prevailing market value; or

       (c) Sell the confiscated instrument or weapon at a public auction to be held at least once in each year, after notice giving the place and time of the auction and describing the instruments or weapons to be sold is published once a week for 2 weeks immediately preceding the date of the auction in a newspaper of general circulation in the county or city.] ;

       (c) Destroy or direct the destruction of the confiscated instrument or weapon if it is not otherwise required to be destroyed pursuant to subsection 5;

       (d) Trade the confiscated instrument or weapon to a properly licensed retailer or wholesaler in exchange for equipment necessary for the performance of the agency’s duties; or

       (e) Donate the confiscated instrument or weapon to a museum, the Nevada National Guard or, if appropriate, to another person for use which furthers a charitable or public interest.

       3.  All proceeds of a sale ordered pursuant to subsection 2 by:

       (a) The governing body of a county or city must be deposited with the county treasurer or the city treasurer and the county treasurer or the city treasurer shall credit the proceeds to the general fund of the county or city.

       (b) A metropolitan police committee on fiscal affairs must be deposited in a fund which was created pursuant to NRS 280.220.

       4.  Any officer receiving an order [as provided in] pursuant to subsection 2 shall comply with the order as soon as practicable.

       5.  [The] Except as otherwise provided in subsection 6, the officer to whom a confiscated instrument or weapon is surrendered pursuant to subsection 1 shall:

       (a) Except as otherwise provided in paragraph (c), destroy or direct to be destroyed any instrument or weapon which is determined to be dangerous to the safety of the public.

       (b) Except as otherwise provided in paragraph (c), return any instrument or weapon, which has not been destroyed pursuant to paragraph (a):


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ê1995 Statutes of Nevada, Page 1163 (Chapter 442, AB 393)ê

 

             (1) Upon demand, to the person from whom the instrument or weapon was confiscated if the person is acquitted of the public offense or crime of which he was charged; or

             (2) To the legal owner of the instrument or weapon if the attorney general or the district attorney determines that the instrument or weapon was unlawfully acquired from the legal owner. If retention of the instrument or weapon is ordered or directed pursuant to paragraph (c), except as otherwise provided in paragraph (a), the instrument or weapon must be returned to the legal owner as soon as practicable after the order or direction is rescinded.

       (c) Retain the confiscated instrument or weapon held by him pursuant to an order of a judge of a court of record or by direction of the attorney general or district attorney that the retention is necessary for purposes of evidence, until the order or direction is rescinded.

       (d) Return any instrument or weapon which was stolen to its rightful owner, unless the return is otherwise prohibited by law.

       6.  Before any disposition pursuant to subsection 5, the officer who is in possession of the confiscated instrument or weapon shall submit a full description of the instrument or weapon to a laboratory which provides forensic services in this state. The director of the laboratory shall determine whether the instrument or weapon:

       (a) Must be sent to the laboratory for examination as part of a criminal investigation; or

       (b) Is a necessary addition to a referential collection maintained by the laboratory for purposes relating to law enforcement.

      Sec. 25.  Section 1 of Assembly Bill No. 297 of this session is hereby amended to read 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.


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ê1995 Statutes of Nevada, Page 1164 (Chapter 442, AB 393)ê

 

       (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.

       (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) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

       (i) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.

       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 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.


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ê1995 Statutes of Nevada, Page 1165 (Chapter 442, AB 393)ê

 

       (b) Impose any other punitive measures the court determines to be in the best interests of the public.

       [3.] 4.  At any 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. 26.  Sections 17 and 18 of Assembly Bill No. 374 of this session are hereby amended to read as follows:

       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 or section 2 of [this act] Assembly Bill No. 393 of this session which delays his privilege to drive.


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ê1995 Statutes of Nevada, Page 1166 (Chapter 442, AB 393)ê

 

       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 or the period of suspension or delay.

       Sec. 18.  NRS 483.460 is hereby amended to read as follows:

       483.460  1.  Except as 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) A violation of NRS 484.3795 or subsection 2 of NRS 484.377 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.

             (2) A third or subsequent violation within 7 years of NRS 484.379.

       (b) For a period of 1 year if the offense is:

             (1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             (2) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.

             (3) Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or driving of motor vehicles.

             (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

             (5) A second violation within 7 years of NRS 484.379 and the driver is not eligible for a restricted license during any of that period.

             (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.


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ê1995 Statutes of Nevada, Page 1167 (Chapter 442, AB 393)ê

 

       (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 or section 2 of [this act,] Assembly Bill No. 393 of this session, 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. 27.  The amendatory provisions of this act do not apply to offenses which are committed before July 1, 1995.

      Sec. 28.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 443, SB 416

Senate Bill No. 416–Committee on Judiciary

CHAPTER 443

AN ACT relating to crimes; creating categories of felonies; revising the sentences imposed for felonies; requiring a court to impose a minimum term and a maximum term of imprisonment when sentencing a person who is found guilty of certain felonies; creating a program of probation that is secured by a surety bond; authorizing courts to require certain probationers to participate in an alternative program, treatment or activity as a condition of probation; requiring prisoners to serve the minimum term of imprisonment imposed by their sentence before becoming eligible for parole; prohibiting the commutation of a sentence to death or imprisonment for life without the possibility of parole under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 30, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 193.130 is hereby amended to read as follows:

      193.130  [Every]

      1.  Except when a person is convicted of a category A felony, and except as otherwise provided by a specific statute, a person convicted of a felony [:

      1.  For which a term of imprisonment is provided by statute,] shall be sentenced to a [definite] minimum term and a maximum term of imprisonment which [shall] must be within the limits prescribed by the applicable statute, unless the statute in force at the time of commission of [such] the felony prescribed a different penalty. The minimum term of imprisonment that may be imposed must not exceed 40 percent of the maximum term imposed.

      2.  [For which no punishment is specially prescribed by statute, 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.] Except as otherwise provided by specific statute, for each felony committed on or after July 1, 1995:


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ê1995 Statutes of Nevada, Page 1168 (Chapter 443, SB 416)ê

 

      (a) A category A felony is a felony for which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole may be imposed, as provided by specific statute.

      (b) A category B felony is a felony for which the minimum term of imprisonment in the state prison that may be imposed is not less than 1 year and the maximum term of imprisonment that may be imposed is not more than 20 years, as provided by specific statute.

      (c) A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute.

      (d) A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute.

      (e) A category E felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of 1 year and a maximum term of 4 years. Upon sentencing a person who is found guilty of a category E felony, the court shall suspend the execution of the sentence and grant probation to the person upon such conditions as the court deems appropriate. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater penalty is authorized or required by statute.

      Sec. 2.  NRS 193.155 is hereby amended to read as follows:

      193.155  Every person who is guilty of a public offense proportionate to the value of the property affected or the loss resulting from [such] the offense shall be punished as follows:

      1.  Where the value of [such] the loss is $5,000 or more or where the damage results in impairment of public communication, transportation or police and fire protection, [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.] for a category C felony as provided in NRS 193.130.

      2.  Where the value of [such] the loss is $250 or more but less than $5,000, for a gross misdemeanor.

      3.  Where the value of [such] the loss is $25 or more but less than $250, for a misdemeanor.

      4.  Where the value of [such] the loss is less that $25, by a fine of not more than $500.

      Sec. 3.  NRS 193.330 is hereby amended to read as follows:

      193.330  1.  An act done with the intent to commit a crime, and tending but failing to accomplish it, is an attempt to commit that crime . [; and every] A person who attempts to commit a crime, unless [otherwise] a different penalty is prescribed by statute, shall be punished as follows:

      [1.  If a]

      (a) If the person is convicted of [attempted murder or an attempt] :


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ê1995 Statutes of Nevada, Page 1169 (Chapter 443, SB 416)ê

 

             (1) Attempt to commit a [crime punishable by death or life imprisonment, the person convicted of the attempt shall be punished] category A felony, for a category B felony by imprisonment in the state prison for a maximum term of not less than [1 year] 2 years and a maximum term of not more than 20 years.

      [2.  In every other case he shall be punished]

             (2) Attempt to commit a category B felony for which the maximum term of imprisonment authorized by statute is greater than 10 years, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years.

             (3) Attempt to commit a category B felony for which the maximum term of imprisonment authorized by statute is 10 years or less, for a category C felony as provided in NRS 193.130.

             (4) Attempt to commit a category C felony, for a category D felony as provided in NRS 193.130, or for a gross misdemeanor by imprisonment in the county jail for not more than 1 year.

             (5) Attempt to commit a category D felony, for a category E felony as provided in NRS 193.130, or for a gross misdemeanor by imprisonment in the county jail for not more than 1 year.

             (6) Attempt to commit a category E felony, for a category E felony as provided in NRS 193.130, or for a gross misdemeanor by imprisonment in the county jail for not more than 1 year.

      (b) If the person is convicted of attempt to commit a misdemeanor, a gross misdemeanor or a felony for which a category is not designated by statute, by imprisonment [in such manner as may be prescribed for the commission of the completed offense,] for not more than [half] one-half the longest term [,] authorized by statute, or by a fine of not more than [half] one-half the largest sum, prescribed upon conviction for the commission of the offense attempted, or by both fine and imprisonment . [; but nothing]

      2.  Nothing in this section protects a person who, in an unsuccessful attempt to commit one crime, does commit another and different one, from the punishment prescribed for the crime actually committed . [; and a] A person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime was consummated, unless the court in its discretion discharges the jury and directs the defendant to be tried for the crime itself.

      Sec. 4.  NRS 195.040 is hereby amended to read as follows:

      195.040  1.  [Every] An accessory to a felony may be indicted, tried and convicted either in the county where he became an accessory, or where the principal felony was committed , [; and] whether the principal offender has or has not been convicted, or is or is not amenable to justice, or has been pardoned or otherwise discharged after conviction . [; and, except] Except where a different punishment is specially provided by law, [such] the accessory is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 5 years, or by a fine of not more than $1,000, or by both fine and imprisonment.

      2.  Every] as provided in NRS 193.130.

      2.  An accessory to a gross misdemeanor may be indicted, tried and convicted in the manner provided for an accessory to a felony [;] and, except where a different punishment is specially provided by law, shall be punished by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.


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ê1995 Statutes of Nevada, Page 1170 (Chapter 443, SB 416)ê

 

by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.

      Sec. 5.  NRS 196.010 is hereby amended to read as follows:

      196.010  1.  Treason against the people of the state consists in:

      (a) Levying war against the people of the state;

      (b) Adhering to its enemies; or

      (c) Giving them aid and comfort.

      2.  Treason is a category B felony and is punishable by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years . [which may extend to life.

      3.  No person shall]

      3.  A person must not be convicted for treason unless upon the testimony of two witnesses to the same overt act or by confession in open court.

      Sec. 6.  NRS 196.030 is hereby amended to read as follows:

      196.030  [Every person having] A person who has knowledge of the commission of treason, who conceals [such] the crime, and does not, as soon as may be, disclose [such] the treason to the governor or a justice of the supreme court or a judge of the district court, is guilty of misprision of treason which is a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 3 years, and may be further punished by a fine of not more than $5,000.] as provided in NRS 193.130.

      Sec. 7.  NRS 197.010 is hereby amended to read as follows:

      197.010  [Every] A person who gives, offers or promises, directly or indirectly, any compensation, gratuity or reward to any executive or administrative officer of the state, with the intent to influence him with respect to any act, decision, vote, opinion or other proceeding, as such officer, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.

      Sec. 8.  NRS 197.020 is hereby amended to read as follows:

      197.020  [Every] A person who gives, offers or promises, directly or indirectly, any compensation, gratuity or reward to a person executing any of the functions of a public officer other than as specified in NRS 197.010, 199.010 and 218.590, with the intent to influence him with respect to any act, decision, vote or other proceeding in the exercise of his powers or functions, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.

      Sec. 9.  NRS 197.030 is hereby amended to read as follows:

      197.030  [Every] An executive or administrative officer or person elected or appointed to an executive or administrative office who asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his vote, opinion or action upon any matter then pending, or which may by law be brought before him in his official capacity, [shall] will be influenced thereby, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.]


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ê1995 Statutes of Nevada, Page 1171 (Chapter 443, SB 416)ê

 

less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.

      Sec. 10.  NRS 197.040 is hereby amended to read as follows:

      197.040  [Every] A person who executes any of the functions of a public office not specified in NRS 197.030, 199.020 or 218.600, and [every] a person employed by or acting for the state or for any public officer in the business of the state, who asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his vote, opinion, judgment, action, decision or other official proceeding [shall] will be influenced thereby, or that he will do or omit any act or proceeding or in any way neglect or violate any official duty, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.

      Sec. 11.  NRS 197.050 is hereby amended to read as follows:

      197.050  1.  It [shall be] is unlawful for any state, county or municipal officer to offer or agree to appoint, or for any person whatever to offer to procure, or to offer to aid in procuring, the appointment of any deputy officer or attache of the state, county or municipal government of this state, for any consideration contemplating any division or rebate of the salary of [such] the deputy or attache during his term of office, or for any monetary or other valuable consideration whatsoever, or, after such an appointment is made, to receive or to accept any portion of the salary of [such] the deputy or attache, or to receive any money or other valuable reward whatsoever, as a consideration for retaining [such] the deputy or attache, or as a consideration for procuring, or for aid in obtaining the procuring of, the retention of [such] the deputy or attache in any position to which he may be or [shall have] has been appointed, or for any purpose whatsoever except in payment of a bona fide debt as provided in NRS 197.070.

      2.  [Any person violating] A person who violates any of the provisions of subsection 1 commits bribery [,] which is a category D felony and shall be punished [by a fine of not more than $5,000, or by imprisonment in the state prison for not less than 1 nor more than 6 years, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 12.  NRS 197.060 is hereby amended to read as follows:

      197.060  1.  It [shall be] is unlawful for any deputy officer or attache of the state, county or municipal government of this state to rebate, refund, pay or divide, to or with his principal or to or with any person whatever, any part or portion of his salary or compensation now fixed, or that may hereafter be fixed or established, by law, as a consideration either for the making or for the procuring of such an appointment, or for aid in procuring the same, or for the retention, or for the procuring or aid in procuring the retention, of such an appointment as deputy or attache, or to make any division or payment out of his salary to this end, except in payment of a bona fide debt as provided in NRS 197.070.

      2.  [Any person violating] A person who violates any of the provisions of subsection 1 commits bribery [,] which is a category D felony and shall be punished [by a fine of not more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.]


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ê1995 Statutes of Nevada, Page 1172 (Chapter 443, SB 416)ê

 

prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.] as provided in NRS 193.130.

      Sec. 13.  NRS 197.150 is hereby amended to read as follows:

      197.150  [Every] A public officer, or person holding or discharging the duties of any public office or place of trust under the state or in any county, town or city, a part of whose duty it is to audit, allow or pay, or take part in auditing, allowing or paying claims or demands upon the state or a county, town or city, who knowingly audits, allows or pays, or directly or indirectly consents to or in any way connives in the audit, allowance or payment of any claim or demand against the state, county, town or city, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be punished:

      1.  Where the amount of the false or fraudulent charge, claim, item or demand 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.] for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Where the amount of the fraudulent charge, claim, item or demand is less than $250, for a misdemeanor.

      Sec. 14.  NRS 197.170 is hereby amended to read as follows:

      197.170  [Every] A public officer who asks, receives or agrees to receive a fee or other compensation for his official service, either:

      1.  In excess of the fee or compensation allowed to him by statute therefor; or

      2.  Where [no] a fee or compensation is not allowed to him by statute therefor,

commits extortion which is a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year or more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 15.  NRS 197.200 is hereby amended to read as follows:

      197.200  1.  [Every] An officer, or a person pretending to be [such,] an officer, who unlawfully and maliciously, under pretense or color of official authority [shall:

      (a) Arrest] :

      (a) Arrests another or [detain] detains him against his will;

      (b) [Seize or levy] Seizes or levies upon another’s property;

      (c) [Dispossess] Dispossesses another of any lands or tenements; or

      (d) [Do] Does any act whereby another person [shall be] is injured in his person, property or rights,

commits oppression.

      2.  [Every] An officer or person committing [any such act of] oppression shall be punished:

      (a) Where physical force or the immediate threat of [such] physical force is used, [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.] for a category D felony as provided in NRS 193.130.


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ê1995 Statutes of Nevada, Page 1173 (Chapter 443, SB 416)ê

 

      (b) Where no physical force or immediate threat of [such] physical force is used, for a gross misdemeanor.

      Sec. 16.  NRS 197.210 is hereby amended to read as follows:

      197.210  [Every] An officer who fraudulently appropriates to his own use or to the use of another person, or secretes with the intent to appropriate to such a use, any money, evidence of debt or other property entrusted to him by virtue of his office, shall be punished:

      1.  Where the amount of the money or the actual value of the property fraudulently appropriated or secreted with the intent to appropriate 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.] for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Where the amount of the money or the actual value of the property fraudulently appropriated or secreted with the intent to appropriate is less than $250, for a misdemeanor.

      Sec. 17.  NRS 199.010 is hereby amended to read as follows:

      199.010  [Every] A person who gives, offers or promises, directly or indirectly, any compensation, gratuity or reward to a judicial officer, juror, referee, arbitrator, appraiser, assessor or other person authorized by law to hear or determine any question, matter, cause, proceeding or controversy, with the intent to influence his action, vote, opinion or decision thereupon, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.

      Sec. 18.  NRS 199.020 is hereby amended to read as follows:

      199.020  [Every] A judicial officer who asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his vote, opinion, judgment, action, decision or other official proceeding [shall] will be influenced thereby, or that he will do or omit any act or proceeding or in any way neglect or violate any official duty, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.

      Sec. 19.  NRS 199.030 is hereby amended to read as follows:

      199.030  [Every] A juror, referee, arbitrator, appraiser, assessor or other person authorized by law to hear or determine any question, matter, cause, controversy or proceeding, who asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his vote, opinion, action, judgment or decision [shall] will be influenced thereby, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.


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ê1995 Statutes of Nevada, Page 1174 (Chapter 443, SB 416)ê

 

      Sec. 20.  NRS 199.100 is hereby amended to read as follows:

      199.100  1.  [Every] A person who, by force or fraud, rescues from lawful custody, or from an officer or person having him in lawful custody, a prisoner held upon a charge, arrest, commitment, conviction or sentence for felony is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.

      2.  Every] as provided in NRS 193.130.

      2.  A person who rescues a prisoner held upon a charge, arrest, commitment, conviction or sentence for a gross misdemeanor or misdemeanor shall be punished:

      (a) Where a dangerous weapon is used in the course of the rescue, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      (b) Where no dangerous weapon is so used, for a misdemeanor.

      Sec. 21.  NRS 199.120 is hereby amended to read as follows:

      199.120  [Every] A person, having taken a lawful oath or made affirmation in a judicial proceeding or in any other matter where, by law, an oath or affirmation is required and no other penalty is prescribed, who:

      1.  Willfully makes an unqualified statement of that which he does not know to be true;

      2.  Swears or affirms willfully and falsely in a matter material to the issue or point in question;

      3.  Suborns any other person to make such an unqualified statement or to swear or affirm in such a manner;

      4.  Executes an affidavit pursuant to NRS 15.010 which contains a false statement, or suborns any other person to do so; or

      5.  Executes an affidavit or other instrument which contains a false statement before a person authorized to administer oaths or suborns any other person to do so,

is guilty of perjury or subornation of perjury, as the case may be, which is a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.

      Sec. 22.  NRS 199.130 is hereby amended to read as follows:

      199.130  1.  [Every] A person who makes, executes or signs or causes to be made, executed or signed, any false or fictitious affidavit, complaint, deposition, or other instrument in writing before any officer or person authorized to administer oaths, for the purpose or with the intent of securing a warrant for the arrest of any other person , [or persons,] or for the purpose of securing a warrant for the searching of the premises, goods, chattels or effects, or of seizing the goods, chattels or effects, or of seizing anything in the possession of any other person, is guilty of perjury [.

      2.  Any] which is a category D felony.

      2.  A person who commits any of the acts or offenses defined or set out in subsection 1 shall be punished [by imprisonment in the state prison for a term of not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.


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ê1995 Statutes of Nevada, Page 1175 (Chapter 443, SB 416)ê

 

      Sec. 23.  NRS 199.140 is hereby amended to read as follows:

      199.140  1.  [Any] A person who makes, executes or signs, or causes to be made, executed or signed, any affidavit, complaint or other instrument, in writing, before any United States officer or person, or before any state officer or person, authorized to administer oaths, for the purpose or with the intent of securing a warrant for the arrest of any other person , [or persons,] or for the purpose of securing a warrant for the searching of the premises, goods, chattels or effects, or of seizing the goods, chattels or effects, or of seizing anything in the possession of any other person, and [shall sign] signs the same by any other name than his or her true name, is guilty of perjury [.] which is a category D felony.

      2.  [Any] A person who commits any of the acts or offenses defined or set out in subsection 1 shall be punished [by imprisonment in the state prison for a term of not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.

      Sec. 24.  NRS 199.145 is hereby amended to read as follows:

      199.145  A person who, in a declaration made under penalty of perjury:

      1.  Makes a willful and false statement in a matter material to the issue or point in question; or

      2.  Willfully makes an unqualified statement of that which he does not know to be true,

or who suborns another to make in such a declaration a statement of the kind described in subsection 1 or 2, is guilty of perjury or subornation of perjury, as the case may be, which is a category D felony and shall be punished as provided in NRS [199.120] 193.130.

      Sec. 25.  NRS 199.160 is hereby amended to read as follows:

      199.160  [Every] A person who, by willful and corrupt perjury or subornation of perjury, procures the conviction and execution of any innocent person is guilty of murder which is a category A felony and, upon conviction thereof, shall be punished by imprisonment in the state prison [for] :

      1.  For life without the possibility of parole [.] ;

      2.  For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or

      3.  For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.

      Sec. 26.  NRS 199.210 is hereby amended to read as follows:

      199.210  [Every] A person who, upon any trial, hearing, inquiry, investigation or other proceeding authorized by law, offers or procures to be offered in evidence, as genuine, any book, paper, document, record or other instrument in writing, knowing the same to have been forged or fraudulently altered, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.

      Sec. 27.  NRS 199.230 is hereby amended to read as follows:

      199.230  [Every] A person who, by persuasion, force, threat, intimidation, deception or otherwise, and with the intent to obstruct the course of justice, prevents or attempts to prevent another person from appearing before any court, or person authorized to subpoena witnesses, as a witness in any action, investigation or other official proceeding, or causes or induces another person to absent himself from such a proceeding or evade the process which requires him to appear as a witness to testify or produce a record, document or other object, shall be punished:

 


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ê1995 Statutes of Nevada, Page 1176 (Chapter 443, SB 416)ê

 

investigation or other official proceeding, or causes or induces another person to absent himself from such a proceeding or evade the process which requires him to appear as a witness to testify or produce a record, document or other object, shall be punished:

      1.  Where physical force or the immediate threat of [such] physical force is used, [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 $50,000.] for a category D felony as provided in NRS 193.130.

      2.  Where no physical force or immediate threat of [such] physical force is used, for a gross misdemeanor.

      Sec. 28.  NRS 199.240 is hereby amended to read as follows:

      199.240  [Every] A person who:

      1.  Gives, offers or promises directly or indirectly any compensation, gratuity or reward to any witness or person who may be called as a witness in an official proceeding, upon an agreement or understanding that his testimony [shall] will be thereby influenced; or

      2.  Uses any force, threat, intimidation or deception with the intent to:

      (a) Influence the testimony of any witness or person who may be called as a witness in an official proceeding;

      (b) Cause or induce him to give false testimony or to withhold true testimony; or

      (c) Cause or induce him to withhold a record, document or other object from the proceeding,

is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years,] as provided in NRS 193.130, and may be further punished by a fine of not more than $50,000.

      Sec. 29.  NRS 199.250 is hereby amended to read as follows:

      199.250  [Every] A person who is or may be a witness upon a trial, hearing, investigation or other proceeding before any court, tribunal or person authorized to hear evidence or take testimony, who asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his testimony [shall] will be influenced thereby, or that he will absent himself from the trial, hearing or other proceeding, is guilty of a category C felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.

      Sec. 30.  NRS 199.280 is hereby amended to read as follows:

      199.280  [Every] A person who, in any case or under any circumstances not otherwise specially provided for, willfully resists, delays or obstructs a public officer in discharging or attempting to discharge any legal duty of his office shall be punished:

      1.  Where a dangerous weapon is used in the course of such resistance, obstruction or delay, [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.] for a category D felony as provided in NRS 193.130.

      2.  Where no dangerous weapon is used in the course of such resistance, obstruction or delay, for a misdemeanor.


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ê1995 Statutes of Nevada, Page 1177 (Chapter 443, SB 416)ê

 

      Sec. 31.  NRS 199.290 is hereby amended to read as follows:

      199.290  1.  [Every] A person who asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that he will compound or conceal a crime or violation of a statute, or abstain from testifying thereto, delay a prosecution therefor or withhold any evidence thereof, except in a case where a compromise is allowed by law, shall be punished:

      (a) [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, where the agreement or understanding relates to a felony.] For a category D felony as provided in NRS 193.130.

      (b) For a gross misdemeanor, where the agreement or understanding relates to a gross misdemeanor or misdemeanor, or to a violation of statute for which a pecuniary penalty or forfeiture is prescribed.

      2.  In any proceeding against a person for compounding a crime, it is not necessary to prove that any person has been convicted of the crime or violation of statute in relation to which an agreement or understanding herein prohibited was made.

      Sec. 32.  NRS 199.300 is hereby amended to read as follows:

      199.300  1.  [Every] A person who directly or indirectly, addresses any threat or intimidation to a public officer, public employee, juror, referee, arbitrator, appraiser, assessor or any person authorized by law to hear or determine any controversy or matter, with the intent to induce him, contrary to his duty to do, make, omit or delay any act, decision or determination, shall be punished.

      (a) Where physical force or the immediate threat of [such] physical force is used in the course of [such] the intimidation or in the making of [such] the threat, [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.] for a category C felony as provided in NRS 193.130.

      (b) Where no physical force or immediate threat of [such] physical force is used in the course of [such] the intimidation or in the making of [such] the threat, for a gross misdemeanor.

      2.  As used in this section, “public employee” means any person who performs public duties for compensation paid by the state, a county, city, local government or other political subdivision of the state, or an agency thereof.

      Sec. 33.  NRS 199.305 is hereby amended to read as follows:

      199.305  1.  [Every] A person who, by intimidating or threatening another person, prevents or dissuades a victim of a crime, a person acting on his behalf or a witness from:

      (a) Reporting a crime or possible crime to a:

             (1) Judge;

             (2) Peace officer;

             (3) Parole or probation officer;

             (4) Prosecuting attorney;

             (5) Warden or other employee at an institution of the department of prisons; or


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ê1995 Statutes of Nevada, Page 1178 (Chapter 443, SB 416)ê

 

             (6) Superintendent or other employee at a juvenile correctional institution;

      (b) Commencing a criminal prosecution or a proceeding for the revocation of a parole or probation, or seeking or assisting in such a prosecution or proceeding; or

      (c) Causing the arrest of a person in connection with a crime,

or who hinders or delays such a victim, agent or witness in his effort to carry out any of those actions is guilty of a category D felony and 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 $10,000.] as provided in NRS 193.130.

      2.  As used in this section, “victim of a crime” means a person against whom a crime has been committed.

      Sec. 34.  NRS 199.310 is hereby amended to read as follows:

      199.310  [Every] A person who maliciously and without probable cause therefor, causes or attempts to cause another to be arrested or proceeded against for any crime of which he is innocent:

      1.  If [such crime be] the crime is a felony, is guilty of a category D felony and 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;] as provided in NRS 193.130; and

      2.  If [such crime be] the crime is a gross misdemeanor or misdemeanor, [shall be] is guilty of a misdemeanor.

      Sec. 35.  NRS 199.335 is hereby amended to read as follows:

      199.335  [Every] A person who [has been] is admitted to bail, whether provided by deposit, surety or upon his own recognizance, and [has not been] who is not recommitted to custody who fails to appear at the time and place required by the order admitting him to bail or any modification thereof, unless he surrenders himself within 30 days or is excused by the court, shall be punished:

      1.  [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, if admitted incident to prosecution for a felony.] For a category D felony as provided in NRS 193.130.

      2.  For a misdemeanor, if admitted incident to prosecution for a misdemeanor or gross misdemeanor.

      Sec. 36.  NRS 199.360 is hereby amended to read as follows:

      199.360  [Every] A person who fraudulently or falsely pretends that any infant child was born of a parent whose child is or would be entitled to inherit real property or to receive any personal property, or who falsely represents himself or another to be a person entitled to an interest or share in the estate of a deceased person as executor, administrator, husband, wife, heir, legatee, devisee, next of kin or relative of the deceased person, is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.] as provided in NRS 193.130.

      Sec. 37.  NRS 199.370 is hereby amended to read as follows:

      199.370  [Every] A person to whom a child has been confided for nursing, education or any other purpose, who, with the intent to deceive a person, guardian or relative of [such] the child, substitutes or produces to the parent, guardian or relative another child or person in the place of the child so confided, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.