[Rev. 1/16/2013 4:34:47 PM]

Link to Page 2200

 

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

ê1995 Statutes of Nevada, Page 2201 (Chapter 595, AB 404)ê

 

      (b) “Household” includes a person who does not live in the same home or dwelling, but who is dependent on and receiving substantial support from the public or judicial officer.

 

________

 

 

CHAPTER 596, AB 428

Assembly Bill No. 428–Committee on Government Affairs

CHAPTER 596

AN ACT relating to local governments; authorizing a board of trustees of a district library to establish and administer a separate bank account for certain money; prohibiting the city council of certain incorporated cities from entering into contracts for the lease, sale or exchange of real property for less than the appraised value of that property in certain circumstances; making the charter of the City of Henderson gender neutral; removing duplicative grants of authority to the city council of the City of Henderson where that authority is also granted by county ordinance or state law; revising various provisions of the charter of the City of Henderson to conform to existing state law; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 379.021 is hereby amended to read as follows:

      379.021  1.  Whenever in any county a petition or petitions praying for the information of a county library district and the establishment of a public library therein setting forth the boundaries of the proposed library district, certified by the district judge of any judicial district as being signed by 10 percent of the taxpayers or by taxpayers representing 10 percent of the taxable property in the proposed county library district, as shown by the last preceding assessment roll of the county, is presented to the board of county commissioners of the county in which the territory of the proposed county library district is situated, accompanied by an affidavit or affidavits of one or more of the signers thereof that the signatures thereto are genuine, the board of county commissioners shall, at its next regular meeting after the petition or petitions are so presented:

      (a) Pass a resolution to the effect that a county library district with properly defined boundaries is to be established and cause to be published a notice thereof in a newspaper of general circulation within the district once a week for a period of 2 weeks; and

      (b) Allow 30 days after the first publication of the notice during which all taxpayers of the district in which the district library is to be situated have the right to file protests with the county clerk.

      2.  If the aggregate of protests is less than 10 percent of the taxpayers voting in the last general election, the board of county commissioners shall order the creation of the county library district and the establishment of a public library therein and levy taxes in support and continued maintenance of the library in accordance with subsection 5.


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

ê1995 Statutes of Nevada, Page 2202 (Chapter 596, AB 428)ê

 

      3.  If the aggregate of protests is more than 10 percent of the taxpayers voting in the last general election, the board of county commissioners shall proceed no further with reference to the establishment of a county library district without submitting the question to the voters at a primary or general election.

      4.  If the majority of votes cast at the election is against the establishment of the county library district, the question is lost and the board of county commissioners shall proceed no further. If the majority of votes is in favor of the county library district, the board of county commissioners shall, within 10 days after the election, order the creation of the county library district and establishment of a public library therein.

      5.  Upon the creation of a county library district and establishment of a public library therein, the board of county commissioners shall, at the next time for levying taxes and in each year thereafter, at the time and in the manner other taxes are levied, levy a tax upon all taxable property in the county library district to create and maintain a fund known as the library fund.

      6.  All money received by the county treasurer pursuant to subsection 5 and NRS 379.026 may be transferred to a separate account established and administered by the trustees of a district library in accordance with the provisions of NRS 354.603.

      Sec. 2.  NRS 379.025 is hereby amended to read as follows:

      379.025  1.  Except as otherwise provided in subsection 2, the trustees of any consolidated, county, district, town or other public library, and their successors, shall:

      (a) Establish, supervise and maintain a library.

      (b) Appoint, evaluate the performance of and, if necessary, dismiss a librarian or, in the case of a consolidated library district, an executive director.

      (c) Hold and possess the property and effects of the library in trust for the public.

      (d) In the case of a county library, submit annual budgets to the board of county commissioners, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.

      (e) In the case of a consolidated, district or town library, prepare annual budgets in accordance with NRS 354.470 to 354.626, inclusive.

      (f) In the case of a consolidated library district:

             (1) Administer any separate account established pursuant to NRS 354.603.

             (2) Annually submit a budget to the board of county commissioners and governing body of the city for joint review and recommendation, which must contain detailed priorities and estimates of the amount of money necessary for the operation and management of the consolidated library district for the next succeeding year. Unless a majority of the members of the board of county commissioners and a majority of the members of the governing body of the city reject the budget within 21 days after it is submitted to them, the trustees shall cause copies of the final budget to be submitted to the board of county commissioners for attachment to the copy of the final budget for the county which is filed pursuant to NRS 354.59801, and to the governing body of the city for attachment to the copy of the final budget for the city which is filed pursuant to NRS 354.59801.


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

ê1995 Statutes of Nevada, Page 2203 (Chapter 596, AB 428)ê

 

which is filed pursuant to NRS 354.59801, and to the governing body of the city for attachment to the copy of the final budget for the city which is filed pursuant to NRS 354.59801. If the budget is so rejected, the trustees shall resubmit a revised budget for joint review pursuant to this subparagraph.

             (3) Submit quarterly reports to the board of county commissioners and governing body of the city concerning the budget and the programs of the library, and provide any additional information requested by either governing body as soon as is reasonably practicable after receiving the request.

      (g) In the case of a district library, administer any separate account established pursuant to NRS 354.603.

      (h) Establish bylaws and regulations for the management of the library and their own management.

      [(h)] (i) Manage all the property, real and personal, of the library.

      [(i)] (j) Acquire and hold real and personal property, by gift, purchase or bequest, for the library.

      [(j)] (k) Administer any trust declared or created for the library.

      [(k)] (l) Maintain or defend any action in reference to the property or affairs of the library.

      2.  The trustees may:

      (a) Make purchases and secure rooms.

      (b) Authorize the merger or, subject to the limitations in NRS 379.0221, the consolidation of a town or city library with a county library district.

      (c) Invest the money in the appropriate library fund in accordance with the provisions of chapter 355 of NRS.

      (d) Do all acts necessary for the orderly and efficient management and control of the library.

      3.  The trustees shall, as a primary goal of the consolidated library district, provide the library facilities, resources and trained staff to meet the informational needs of all residents of the district.

      Sec. 3.  Chapter 266 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A city council shall not enter into a lease of real property owned by the city for a term of 3 years or longer or enter into a contract for the sale or exchange of real property until after the property has been appraised by one disinterested appraiser employed by the city. Except as otherwise provided in this section and paragraph (a) of subsection 1 of NRS 268.050, a lease, sale or exchange must be made at or above the current appraised value of the real property as determined by the appraiser unless the city council, in a public hearing held before the adoption of the resolution to lease, sell or exchange the property, determines by affirmative vote of not fewer than two-thirds of the entire city council based upon specified findings of fact that a lesser value would be in the best interest of the public. For the purposes of this subsection, an appraisal is not considered current if it is more than 3 years old.

      2.  The city council may sell, lease or exchange real property for less than its appraised value to any person who maintains or intends to maintain a business within the boundaries of the city which is eligible pursuant to section 1 of Senate Bill No. 520 of this session for an abatement from the sales and use taxes imposed pursuant to chapter 374 of NRS.


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

ê1995 Statutes of Nevada, Page 2204 (Chapter 596, AB 428)ê

 

      Sec. 4.  NRS 354.603 is hereby amended to read as follows:

      354.603  1.  The board of trustees of any county school district, the board of hospital trustees of any county hospital or the board of trustees of any consolidated library district or district library may establish and administer separate accounts in any bank whose deposits are insured by the Federal Deposit Insurance Corporation or in any savings and loan association whose deposits if made by the state, a local government or an agency of either are insured by the Federal Deposit Insurance Corporation, or the legal successor of the Federal Deposit Insurance Corporation, for money deposited by the county treasurer which is by law to be administered and expended by those boards. The county treasurer shall transfer the money to such a separate account when the following conditions are met:

      (a) The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district or district library adopts a resolution declaring an intention to establish and administer a separate account in accordance with the provisions of this section.

      (b) The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district or district library sends a certificate to the county treasurer, the county auditor, the board of county commissioners and, in the case of the board of trustees of the county school district, to the department of education, attested by the secretary of the board, declaring the intention of the board to establish and administer a separate account in accordance with the provisions of this section.

      (c) The board of hospital trustees of the county hospital or the board of trustees of the consolidated library district or district library submits monthly reports, listing all transactions involving the separate account, to the county treasurer, the county auditor and the board of county commissioners. The reports must be certified by the secretary of the board. In addition, the board shall give a full account and record of all money in such an account upon request of the board of county commissioners.

      2.  The separate account of the board of trustees of the county school district established under the provisions of this section must be composed of:

      (a) The county school district fund; and

      (b) The county school district building and sites fund.

      3.  The separate account established by the board of county hospital trustees is designated the county hospital fund.

      4.  The separate account of the board of trustees of the consolidated library district or district library established under the provisions of this section must be composed of:

      (a) The fund for the consolidated library [;] or district library, as appropriate; and

      (b) The fund for capital projects of the consolidated library [.] or district library, as appropriate.

      5.  No expenditures from an account may be made in excess of the balance of the account.

      6.  Such an account must support all expenditures properly related to the purpose of the fund, excluding direct payments of principal and interest on general obligation bonds, and including, but not limited to, debt service, capital projects, capital outlay and operating expenses.


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

ê1995 Statutes of Nevada, Page 2205 (Chapter 596, AB 428)ê

 

general obligation bonds, and including, but not limited to, debt service, capital projects, capital outlay and operating expenses.

      7.  The board of county commissioners, if it determines that there is clear evidence of misuse or mismanagement of money in any separate account, may order the closing of the account and the return of the money to the county treasury to be administered in accordance with existing provisions of law. The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district or district library is entitled to a hearing before the board of county commissioners.

      Sec. 5.  Section 1.010 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 402, is hereby amended to read as follows:

       Section  1.010  Preamble: Legislative intent.

       1.  In order to provide for the orderly government of the City of Henderson and the general welfare of its citizens the legislature hereby establishes this charter for the government of the City of Henderson. It is expressly declared as the intent of the legislature that all provisions of this charter be liberally construed to carry out the express purposes of the charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out the purposes of the charter.

       2.  Any powers expressly granted by this charter are in addition to any powers granted to a city by the general law of this state. All provisions of Nevada Revised Statutes which are applicable generally to cities (not including, unless otherwise expressly mentioned in this charter, chapter 265, 266 or 267 of NRS) which are not in conflict with the provisions of this charter apply to the City of Henderson.

       3.  Except as otherwise expressly provided in a particular section or required by the context:

       (a) The masculine gender includes the feminine and neuter genders.

       (b) The singular number includes the plural number and the plural includes the singular.

       (c) The present tense includes the future tense.

The use of a masculine noun or pronoun in conferring a benefit or imposing a duty does not exclude a female person from that benefit or duty. The use of a feminine noun or pronoun in conferring a benefit or imposing a duty does not exclude a male person from that benefit or duty.

      Sec. 6.  Section 1.040 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 89, Statutes of Nevada 1981, at page 188, is hereby amended to read as follows:

       Sec. 1.040  Wards: Creation; boundaries.

       1.  The city must be divided into four wards, which must be as nearly equal in population as can be conveniently provided, and the territory comprising each ward must be contiguous.

       2.  The boundaries of wards must be established and changed by ordinance. Except as provided in subsection 3, the boundaries of wards must be changed whenever the population, as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce [,] and as revised figures are provided by the planning department of the city, in any ward exceeds the population in any other ward by more than 5 percent.


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

ê1995 Statutes of Nevada, Page 2206 (Chapter 596, AB 428)ê

 

must be changed whenever the population, as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce [,] and as revised figures are provided by the planning department of the city, in any ward exceeds the population in any other ward by more than 5 percent.

       3.  The boundaries of wards must not be changed , except to accommodate an annexation of territory to the city, during [the period commencing 30 days before the date fixed for the filing of candidacy and ending on the date of the general municipal election.] any year in which a general election is held.

      Sec. 7.  Section 1.070 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 403, is hereby amended to read as follows:

       Sec. 1.070  Elective offices: Vacancies.

       1.  A vacancy in the city council or in the office of mayor or municipal judge [shall] must be filled by a majority vote of the members of the city council, or the remaining members in the case of a vacancy in the city council, within 30 days after the occurrence of such vacancy. The appointee [shall] must have the same qualifications as are required of the elective official.

       2.  No such appointment [shall] may extend beyond the [1st Monday in July after the next municipal election, at which election the office shall be filled.] first regular meeting of the city council after the canvass of returns of the election in which the vacancy is to be filled.

      Sec. 8.  Section 1.090 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 403, is hereby amended to read as follows:

       Sec. 1.090  Appointive offices.

       1.  The city council of the city shall appoint the following officers [.] :

       (a) City manager.

       (b) City attorney.

       (c) City clerk.

       2.  The city council may establish such other appointive officers as it may deem necessary for the operation of the city. Appointment of such officers [shall] must be made by the city manager, subject to ratification of the city council. Such officers [shall] must include:

       (a) Chief of police.

       (b) [City treasurer.

       (c) City auditor.

       (d)] Director of public works.

       [(e)] (c) Fire chief.

       [(f)] (d) Director of finance.

       (e) Such other officers as may be necessary.

      Sec. 9.  Section 2.010 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 23, Statutes of Nevada 1993, at page 45, is hereby amended to read as follows:

       Sec. 2.010  City council: Qualifications; election; term of office; salary.


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

ê1995 Statutes of Nevada, Page 2207 (Chapter 596, AB 428)ê

 

       1.  The legislative power of the city is vested in a city council consisting of four councilmen and the mayor.

       2.  The mayor must be:

       (a) [An actual and] A bona fide resident of the territory which is established by the boundaries of the city for the 12 months immediately preceding the last day for filing a declaration of candidacy for the office.

       (b) A qualified elector within the city.

       3.  Each councilman must be:

       (a) [An actual and] A bona fide resident of the territory which is established by the boundaries of the city for the 12 months immediately preceding the last day for filing a declaration of candidacy for the office.

       (b) A qualified elector within the ward which he represents.

       (c) A resident of the ward which he represents [,] for at least 30 days immediately preceding the last day for filing a declaration of candidacy for the office, except that changes in ward boundaries pursuant to the provisions of section 1.040 [,] do not affect the right of any elected councilman to continue in office for the term for which he was elected.

       4.  All councilmen, including the mayor, must be voted upon by the registered voters of the city at large and shall serve for terms of 4 years.

       5.  The mayor and councilmen are entitled to receive a salary in an amount fixed by the city council. The city council shall not adopt an ordinance which increases or decreases the salary of the mayor or the councilmen during the term for which they have been elected or appointed.

      Sec. 10.  Section 2.050 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 405, is hereby amended to read as follows:

       Sec. 2.050  Meetings: Special.

       1.  Special meetings may be held on call of the mayor or by a majority of the city council, by giving [a minimum of 6 hours’ notice of such special meeting to each member of the city council prior to the meeting.] notice of the special meeting pursuant to NRS 241.020.

       2.  At a special meeting [:

       (a) No] no contract involving the expenditure of money may be made or claim allowed unless notice of the meeting called to consider [such] the action is [published in a newspaper of general circulation within the city at least 1 day before such meeting.

       (b) No business may be transacted except such as has been stated in the call of the meeting.

       (c) No ordinance may be passed except an emergency ordinance, or one specified in section 7.040.] given pursuant to the provisions of NRS 241.020.

      Sec. 11.  Section 2.080 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 406, is hereby amended to read as follows:

       Sec. 2.080  Powers of city council: Ordinances, resolutions and orders.

       1.  The city council may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this charter, necessary for the municipal government and the management of the affairs of the city, and for the execution of all the powers vested in the city.


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

ê1995 Statutes of Nevada, Page 2208 (Chapter 596, AB 428)ê

 

State of Nevada, or to the provisions of Nevada Revised Statutes or of this charter, necessary for the municipal government and the management of the affairs of the city, and for the execution of all the powers vested in the city.

       2.  When power is conferred upon the city council to do and perform anything, and the manner of exercising such power is not specifically provided for, the city council may provide by ordinance the manner and details necessary for the full exercise of such power.

       3.  The city council may enforce ordinances by providing penalties not to exceed those established by the legislature for misdemeanors.

       4.  The city council [shall have] has such powers, not in conflict with the express or implied provisions of this charter, as are conferred generally by statute upon the governing bodies of cities organized under a special charter.

       [5.  The city council shall not pass any ordinance increasing or diminishing the salary of any elective officer during the term for which he is elected or appointed.]

      Sec. 12.  Section 2.100 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 160, Statutes of Nevada 1983, at page 370, is hereby amended to read as follows:

       Sec. 2.100  Ordinances: Enactment procedure; emergency ordinances.

       1.  All proposed ordinances when first proposed must be read to the city council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance must be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, [as amended from time to time,] and published in the city at least 10 days before the adoption of the ordinance. The city council shall adopt or reject the ordinance or an amendment thereto, within 30 days after the date of publication.

       2.  At the next regular meeting or [adjourned] special meeting of the city council following the proposal of an ordinance and its reference to committee, the committee shall report the ordinance back to the city council. Thereafter, it must be read by title only, and thereupon the proposed ordinance must be finally voted upon or action thereon postponed.

       3.  In cases of emergency or where the ordinance is of a kind specified in section 7.040, by unanimous consent of the city council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.

       4.  All ordinances must be signed by the mayor, attested by the city clerk and published at least once by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS [, an amended from time to time,] and published in the city , [for at least one publication,] before the ordinance becomes effective.


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

ê1995 Statutes of Nevada, Page 2209 (Chapter 596, AB 428)ê

 

before the ordinance becomes effective. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.

       5.  The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.

      Sec. 13.  Section 2.110 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 407, is hereby amended to read as follows:

       Sec. 2.110  Powers of city council: Public property, buildings.

       [1.] The city council may:

       [(a)] 1.  Control the property of the corporation.

       [(b)] 2.  Erect and maintain all buildings necessary for the use of the city.

       [(c)] 3.  Purchase, receive, hold, sell, lease, convey and dispose of property, wherever situated, for the benefit of the city, improve and protect such property, and do all other things in relation thereto which natural persons might do.

       [2.  The city council may not, except as otherwise specifically provided by this charter or any other law, mortgage, hypothecate or pledge any property of the city for any purpose.]

      Sec. 14.  Section 2.170 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 408, is hereby amended to read as follows:

       Sec. 2.170  Powers of city council: Public health; board of health; regulations. The city council may:

       1.  Provide for safeguarding public health in the city.

       2.  [Create a board of health and prescribe the powers and duties of such board.

       3.] Provide for the enforcement of all regulations and quarantines established by the county board of health by imposing adequate penalties for violations thereof.

      Sec. 15.  Section 2.190 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 408, is hereby amended to read as follows:

       Sec. 2.190  Powers of city council: Zoning and planning.

       [1.] The city council may [:

       (a) Divide the city into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within such districts.

       (b) Establish and adopt ordinances and regulations relating to the subdivision of land.

       2.  The city council shall carry out the provisions of subsection 1 in the manner prescribed by chapter 278 of NRS, as amended from time to time.] adopt ordinances and regulations relating to zoning and planning pursuant to the provisions of chapter 278 of NRS.

      Sec. 16.  Section 2.250 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 410, is hereby amended to read as follows:


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

ê1995 Statutes of Nevada, Page 2210 (Chapter 596, AB 428)ê

 

       Sec. 2.250  Powers of city council: Animals and poultry. The city council may [:

       1.  Fix, impose and collect an annual per capita tax on all animals and provide for the capture and disposal of all animals on which the tax is not paid.

       2.  Regulate or prohibit the running at large and disposal of all kinds of animals and poultry.

       3.  Establish a pound, appoint a poundkeeper and prescribe his duties.

       4.  Prohibit cruelty to animals.] regulate and control animals and poultry in the city and may construct facilities for this purpose.

      Sec. 17.  Section 2.320 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 231, Statutes of Nevada 1991, at page 511, is hereby amended to read as follows:

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

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

       2.  Except as otherwise provided in subsection 3:

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

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

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

             (3) Such other information as the city council desires.

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

       3.  The city council may waive the requirements of subsection 2 for any lease of residential property for a term of 1 year or less.

       4.  [No] The city council shall not make a lease for a term of 3 years or longer [, or] nor enter into a contract for the sale or exchange of real property [, may be made] until after the property has been appraised by one disinterested appraiser employed by the city council. [All leases for a term longer than 3 years, or] Except as otherwise provided in subsections 7 and 8, it must be the policy of the city council to require that all such leases, sales or exchanges, [may only] be made at or above the current appraised value as determined by the appraiser [.] unless the city council, in a public hearing held before the adoption of the resolution to lease, sell or exchange the property, determines by affirmative vote of not fewer than two-thirds of the entire city council based upon specified findings of fact that a lesser value would be in the best interest of the public.


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

ê1995 Statutes of Nevada, Page 2211 (Chapter 596, AB 428)ê

 

lease, sell or exchange the property, determines by affirmative vote of not fewer than two-thirds of the entire city council based upon specified findings of fact that a lesser value would be in the best interest of the public. For the purposes of this subsection, an appraisal is not considered current if it is more than 3 years old.

       5.  It must be the policy of the city council to lease, sell and exchange real property in a manner that will result in the maximum benefit accruing to the city from the sales, leases and exchanges. The city council may attach any condition to the sale, lease or exchange as appears to the city council to be in the best interests of the city.

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

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

       8.  The city council may sell, lease or exchange real property for less than its appraised value to any person who maintains or intends to maintain a business within the boundaries of the city which is eligible pursuant to section 1 of Senate Bill No. 520 of this session for an abatement from the sales and use taxes imposed pursuant to chapter 374 of NRS.

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

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

       (b) Capital improvements of improvements thereon.

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

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

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

Money received from leases of city-owned real property must be placed in the land fund if the term of lease is 20 years or longer, whether the 20 years is for an initial term of lease or for an initial term and any option for renewal.


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

ê1995 Statutes of Nevada, Page 2212 (Chapter 596, AB 428)ê

 

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

       [9.] 10.  If available, money in the land fund may be borrowed by the city pursuant to the provisions of NRS 354.430 to 354.460, inclusive.

      Sec. 18.  Section 2.330 of the charter of the City of Henderson, being chapter 366, Statutes of Nevada 1973, as last amended by chapter 64, Statutes of Nevada 1979, at page 84, is hereby amended to read as follows:

       Sec. 2.330  Powers of city council: Dog racing; licensing . [and regulation.]

       1.  The city council may license greyhound racing within the city.

       2.  An application for licensing [under] pursuant to this section [shall] may not be considered unless the applicant has first been approved for licensing by the Nevada [racing] gaming commission. Each member of the firm, partnership, association or corporation receiving [such license shall] a license must be approved by the city council before [such] the license is issued. Not more than one such license may be issued and it is not transferable.

       3.  [Such] Greyhound racing is subject to the control of the Nevada [racing] gaming commission. Pari-mutuel wagering may be permitted at the track where such racing occurs.

      Sec. 19.  Section 3.020 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 413, is hereby amended to read as follows:

       Sec. 3.020  City manager: Duties.

       1.  The city manager shall perform such administrative and executive duties as the city council may designate. His duties and salary [shall be fixed by resolution.] must be set by the city council.

       2.  The city manager may appoint such clerical and administrative assistants as he may deem necessary, subject to the approval of the city council.

       3.  The mayor or a councilman [shall] may not be appointed as city manager during the term for which he was elected or within 1 year after the expiration of his term.

      Sec. 20.  Section 3.040 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 149, Statutes of Nevada 1973, at page 205, is hereby amended to read as follows:

       Sec. 3.040  City clerk: Duties. The city clerk shall:

       1.  Keep the corporate seal and all books and papers belonging to the city.

       2.  Attend all meetings of the city council and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the city council, the city clerk shall attest the journal after it has been signed by the mayor.


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

ê1995 Statutes of Nevada, Page 2213 (Chapter 596, AB 428)ê

 

       3.  [Sign all warrants issued.

       4.] Enter upon the journal the result of the vote of the city council upon the passage of all ordinances [, or of any resolution appropriating money, abolishing licenses or increasing or decreasing the rates of licenses.

       5.] and resolutions.

       4.  Perform such other duties as may be required by the city council.

      Sec. 21.  Section 3.060 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 414, is hereby amended to read as follows:

       Sec. 3.060  City attorney: Qualifications; duties.

       1.  The city attorney [shall] must be a duly licensed member of the State Bar of Nevada . [but he need not be a resident of the city.]

       2.  The city attorney [shall be] is the legal officer of the city and shall perform such duties as may be [designated by ordinance.] set by the city council.

      Sec. 22.  Section 3.110 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 414, is hereby amended to read as follows:

       Sec. 3.110  City officers: Residence. [Except as provided in section 3.060, all] All city officers [shall] must reside within the city during the term of their employment unless the city council waives [such residence] this requirement because of hardship or other extenuating circumstances.

      Sec. 23.  Section 3.130 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 414, is hereby amended to read as follows:

       Sec. 3.130  City officers: Collection and disposition of [moneys.] money.

       1.  All fines, forfeitures or other [moneys] money except taxes collected or recovered by any officer or person pursuant to the provisions of this charter or of any valid ordinance of the city [shall] must be paid by the officer or person collecting or receiving them to the [city treasurer,] finance director, who shall dispose of them in accordance with the ordinances, regulations and procedures established by the city council.

       2.  The city council may by proper legal action collect all [moneys,] money, including taxes, which are due and unpaid to the city or any office thereof, and the city council may pay from the general fund all fees and expenses necessarily incurred by it in connection with the collection of such [moneys.] money.

      Sec. 24.  Section 4.015 of the charter of the City of Henderson, as added by chapter 231, Statutes of Nevada 1991, at page 513, is hereby amended to read as follows:

       Sec. 4.015  Municipal court.

       1.  There is a municipal court of the city which consists of at least one department. Each [such] department must be presided over by a municipal judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this charter, governed by the provisions of chapters 5 and 266 of NRS which relate to municipal courts.


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

ê1995 Statutes of Nevada, Page 2214 (Chapter 596, AB 428)ê

 

the provisions of chapters 5 and 266 of NRS which relate to municipal courts.

       2.  The city council may from time to time establish additional departments of the municipal court and shall appoint an additional municipal judge for each.

       3.  At the first municipal primary or general election which follows the appointment of an additional municipal judge to a newly created department of the municipal court, the successor to that municipal judge must be elected for a term of 2 or 4 years, as determined by the city council, in order [to effectuate the intent of this provision] that, as nearly as practicable, one-half of the number of municipal judges be elected every 2 years.

       4.  Each municipal judge must be voted upon by the registered voters of the city at large.

       5.  The respective departments of the municipal court must be numbered 1 through the appropriate arabic number, as additional departments are approved by the city council. A municipal judge must be elected for each department by number.

       6.  The senior municipal judge is the municipal judge who has continuously served as a municipal judge for the longest period.

      Sec. 25.  Section 4.030 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 415, is hereby amended to read as follows:

       Sec. 4.030  Disposition of fines. All fines and forfeitures for the violation of ordinances [shall] must be paid into the treasury of the city . [in the manner to be prescribed by ordinance.]

      Sec. 26.  Section 5.010 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 12, Statutes of Nevada 1979, at page 16, is hereby amended to read as follows:

       Sec. 5.010  Primary election.

       1.  A primary election [shall] must be held on the Tuesday after the first Monday in May of each odd-numbered year, at which time there [shall] must be nominated candidates for offices to be voted for at the next general municipal election.

       2.  A candidate for any office to be voted for at any primary municipal election shall file a declaration or acceptance of candidacy as provided by the Nevada election laws.

       3.  A candidate for mayor, councilman, municipal judge or any other office not otherwise provided for by law shall pay to the city clerk, at the time of filing the affidavit of candidacy, the filing fee in the amount fixed by the city council.

       4.  All candidates for elective office [shall] must be voted upon by the registered voters of the city at large.

       5.  If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes [shall] must be placed on the ballot for the general election. If in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he is a candidate, he [shall] must be declared elected and no general election need be held for that office.


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

ê1995 Statutes of Nevada, Page 2215 (Chapter 596, AB 428)ê

 

for which he is a candidate, he [shall] must be declared elected and no general election need be held for that office.

       6.  If at 5 p.m. on the last day for filing an affidavit or declaration of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected and no election may be held for that office.

      Sec. 27.  Section 5.030 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 416, is hereby amended to read as follows:

       Sec. 5.030  Applicability of state election laws; elections under city council control.

       1.  All elections held under this charter [shall be] are governed by the provisions of the election laws of this state, so far as [such] those laws can be made applicable and are not inconsistent herewith.

       2.  The conduct of all municipal elections [shall be] is under the control of the city council. [For the conduct of municipal elections, for the prevention of fraud in such elections, and for the recount of ballots in cases of doubt or fraud, the] The city council shall [adopt] by ordinance [all regulations which] provide for the holding of the election, appoint the necessary officers thereof and do all the things required to carry the election into effect as it considers desirable and consistent with law and this charter.

      Sec. 28.  Section 5.050 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 416, is hereby amended to read as follows:

       Sec. 5.050  Names on ballots. The full names of all candidates, except those who have withdrawn, died or become ineligible, [shall] must be printed on the official ballots without party designation or symbol. The use of nicknames in conjunction with the candidates’ legal names is allowed and the nicknames may be printed on the official ballots [.] in accordance with the provisions of NRS 293.177. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion, their residence addresses [shall] must be printed with their names on the ballot.

      Sec. 29.  Section 5.070 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 417, is hereby amended to read as follows:

       Sec. 5.070  Availability of lists of registered voters. [If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall either permit the organization, group or person to copy the voter’s names and addresses from the official register of voters or furnish such a list.] Any person who desires a copy of a list of registered voters in the city may obtain a copy pursuant to the provisions in NRS 293.440.


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

ê1995 Statutes of Nevada, Page 2216 (Chapter 596, AB 428)ê

 

      Sec. 30.  Section 5.100 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 504, Statutes of Nevada 1985, at page 1551, is hereby amended to read as follows:

       Sec. 5.100  Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.

       1.  The election returns from any special, primary or general municipal election must be filed with the city clerk, who shall immediately place the returns in a safe or vault, and no person may handle, inspect or in any manner interfere with the returns until canvassed by the city council.

       2.  The city council shall meet at any time within [14] 10 days after any [special or primary election or before the 3rd Monday in June after any general] election and canvass the returns and declare the result. The election returns must then be sealed and kept by the city clerk for 6 months. No person may have access to the returns except on order of a court of competent jurisdiction or by order of the city council.

       3.  The city clerk, under his hand and official seal, shall issue to each person [declared to be] elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the [3rd Monday in June next following their election.] first regular meeting of the city council next succeeding that in which the canvass of returns was made.

       4.  If any election [should result] results in a tie, the city council shall summon the candidates who received the tie vote and determine the tie by lot. The city clerk shall then issue to the winner a certificate of election.

      Sec. 31.  Section 7A.090 of the charter of the City of Henderson, as added by chapter 694, Statutes of Nevada 1975, at page 1412, is hereby amended to read as follows:

       Sec. 7A.090  Exemption from securities laws.

       1.  The provisions of the State Securities Law, the Local Government Securities Law, the University Securities Law, or of any other general, special or local statute relating to the issuance of public securities or other debt obligations do not apply to a trust created for the benefit and furtherance of any public function.

       2.  All bonds issued by any trust created for the benefit and furtherance of any public function [shall:] must:

       (a) Be sold at public or private sale, [except that if] as determined by the trustees and approved by the city council. If the bonds are offered at public sale, but no satisfactory bids are received from responsible bidders at [such] the public sale [such] , the bonds may be sold at private sale.

       (b) Be secured:

             (1) By property, real or personal or both, having a market value equal to at least twice the principal amount of the bonds sold; or

             (2) By gross revenues from an existing revenue producing facility equal to at least one and one-half times the average annual debt service payable on [such] the bonds.


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

ê1995 Statutes of Nevada, Page 2217 (Chapter 596, AB 428)ê

 

      Sec. 32.  Section 8.030 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 420, is hereby amended to read as follows:

       Sec. 8.030  Taxes paid to county treasurer; transfers of money to city treasury.

       1.  All taxes collected under or by virtue of this charter or of any city ordinance [shall] must be paid to the county treasurer of Clark County at the same time as payment of taxes for state and county purposes is made, but [nothing in] this subsection [shall be construed to] does not require payment of any license taxes to the county treasurer of Clark County.

       2.  The county treasurer of Clark County [shall:

       (a) Receive such] :

       (a) Shall receive the taxes, keep them intact, separate and apart from other tax [moneys] money and not commingled therewith.

       (b) [Be] Is liable on his official bond for the correct keeping and transfer of [such moneys] money as provided in this section.

       (c) [Render] Shall render a statement to the [city treasurer] finance director of the [moneys and the amount thereof] amount of money so received by him as often as he is required to do so by resolution of the city council, regularly adopted and served upon the county auditor.

       3.  The county auditor shall draw his warrant for the full amount and the county treasurer shall transmit and deliver to the city treasury all [moneys] money so collected and received by him or so must thereof as is called for by the resolution specified in paragraph (c) of subsection 2, and shall thereupon take the receipt of the [city treasurer] finance director therefor. All such [moneys shall] money must be placed in the funds of the city.

       4.  After receipt of the money by the [city treasurer of such funds] finance director and at the next regular city council meeting after demand has been made upon the county treasurer therefor, the city council shall ascertain the amount that must be paid out of the [funds] money thus received for bond interest and bond retirement [prior to] before the due date of the next tax apportionment, whether [the same] it is quarterly, semiannually or annually. Out of [such funds] the money received the city council shall direct the payment of due bonds and interest. When [such] the amount has been ascertained, the city council shall order a sufficient amount of [such funds] money to cover the amount to be deposited in a special fund to be known as the Henderson [bond redemption] debt service fund. The [funds] money thus segregated [shall] may be used only for the purpose of paying bond interest and maturing bonds, and [shall not be] is not subject to any other use or to any judicial process, attachment or execution.

      Sec. 33.  Section 8.040 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 421, is hereby amended to read as follows:

       Sec. 8.040  Surplus taxes; bond redemption. Except as otherwise provided in this charter the remainder of the taxes not deposited as provided in section 8.030 [shall] must be deposited in [a fund to be known as] either the Henderson general fund or the fund for municipal capital projects and [shall] must be so kept until used for general city purposes and paid out on proper warrants.


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

ê1995 Statutes of Nevada, Page 2218 (Chapter 596, AB 428)ê

 

known as] either the Henderson general fund or the fund for municipal capital projects and [shall] must be so kept until used for general city purposes and paid out on proper warrants. The city council may set apart any surplus money in the Henderson general fund or the fund for municipal capital projects to the Henderson [bond redemption] debt service fund, which [surplus moneys shall] must be used for payment of bond interest and bond principal redemptions, for bonds then issued or for bonds to be issued, and which are secured by the full faith and credit of the property within the city [.] or pledged revenue.

      Sec. 34.  Section 9.010 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 334, Statutes of Nevada 1977, at page 630, is hereby amended to read as follows:

       Sec. 9.010  Civil service.

       1.  There is hereby created a system of civil service, applicable to and governing all employees of the city except department heads, the city clerk, the city attorney, the city manager, and any elected officer.

       2.  The system of civil service [shall] must be administered by a civil service board composed of five persons appointed by the city council.

       3.  [Such board may, with the approval of the city council, appoint a personnel director to administer the civil service system.

       4.] The board shall prepare [rules and] regulations governing the system of civil service to be adopted by the city council.[Such rules and regulations shall] The regulations must provide for:

       (a) Examination of potential employees,

       (b) [Recruitment and placement procedures.] Procedures for recruitment and placement.

       (c) Classification of positions.

       (d) Procedures for promotion, disciplinary actions and removal of employees.

       (e) Such other matters as the board may deem necessary.

       [5.] 4.  Copies of the [rules and] regulations governing the system of civil service [shall] must be distributed to all employees of the city.

      Sec. 35.  Sections 2.150, 2.290, 3.080, 3.090, 3.100, 3.120 and 5.080 of chapter 266, Statutes of Nevada 1971, at pages 407, 410 and 414, respectively, are hereby repealed.

 

________


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

ê1995 Statutes of Nevada, Page 2219ê

 

CHAPTER 597, AB 443

Assembly Bill No. 443–Assemblymen Williams, Bache, Segerblom, Perkins, Krenzer, Arberry, Spitler, Ernaut, de Braga, Price, Nolan, Chowning, Manendo, Humke, Batten, Goldwater, Fettic, Schneider, Freeman, Anderson and Bennett

CHAPTER 597

AN ACT relating to higher education; establishing a program to pay the registration fees and other related costs for classes taken at the University and Community College System of Nevada by dependent children of certain peace officers and firemen killed in the line of duty; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  To the extent of legislative appropriation, the board of regents shall pay all registration fees, laboratory fees and expenses for required textbooks and course materials assessed against or incurred by a dependent child of a police officer, fireman or officer of the Nevada highway patrol who was killed in the line of duty for classes taken towards satisfying the requirements of an undergraduate degree at a school within the University and Community College System of Nevada. No such payment may be made for any fee assessed after the child reaches the age of 23 years.

      2.  There is hereby created in the state treasury a trust fund for the education of dependent children. The board of regents shall administer the trust fund. The board of regents may accept gifts and grants for deposit in the trust fund. All money held by the state treasurer or received by the board of regents for that purpose must be deposited in the trust fund. The money in the trust fund must be invested as the money in other state funds is invested. After deducting all applicable charges, all interest and income earned on the money in the trust fund must be credited to the trust fund.

      3.  As used in this section:

      (a) “Fireman” means a person who is a salaried employee or volunteer member of a fire prevention or suppression unit organized by a local government and whose principal duty is to control and extinguish fires.

      (b) “Local government” means a county, city, unincorporated town or metropolitan police department.

      (c) “Police officer” means a person who is a salaried employee of a police department or other law enforcement agency organized or operated by a local government and whose principal duty is to enforce the law.

      Sec. 2.  There is hereby appropriated from the state general fund to the trust fund for the education of dependent children created pursuant to section 1 of this act the sum of $20,000.

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

 

________


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

ê1995 Statutes of Nevada, Page 2220ê

 

CHAPTER 598, AB 467

Assembly Bill No. 467–Committee on Judiciary

CHAPTER 598

AN ACT relating to victims of crime; increasing certain amounts of aid available from the fund for the compensation of victims of crime; revising the provisions governing eligibility for an award or compensation for victims of crime; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 217.200 is hereby amended to read as follows:

      217.200  1.  The compensation officer may order the payment of compensation and the award of a governor’s certificate for meritorious citizen’s service to a victim [as defined in NRS 217.070] for:

      (a) Medical expenses, expenses for psychological counseling and nonmedical remedial care and treatment rendered in accordance with a religious method of healing, actually and reasonably incurred as a result of the personal injury or death of the victim;

      (b) Loss of earnings or support not to exceed $200 per week and reasonably incurred as a result of the total or partial incapacity of the victim;

      (c) Pecuniary loss to the dependents of a deceased victim;

      (d) Funeral expenses, not in excess of [$1,000] $2,500, which are actually and reasonable incurred as a result of the death of the victim; and

      (e) Any other loss which results from the personal injury or death of the victim and which the compensation officer determines to be reasonable.

      2.  The compensation officer may order the payment of compensation for any person who pays the funeral expenses of a victim.

      3.  [No award may] An award must not be made [for] :

      (a) For more than $15,000 [.] if the crime committed did not involve extreme violence resulting in serious physical injury to the victim; or

      (b) For more than $25,000 if the crime committed involved extreme violence resulting in serious physical injury to the victim.

      Sec. 2.  NRS 217.220 is hereby amended to read as follows:

      217.220  1.  Except as otherwise provided in subsections 2, 3 and 4, compensation must not be awarded if the victim:

      (a) [Is a relative of the offender;

      (b) Was, at the time of the personal injury or death of the victim, living with the offender in a continuing relationship;

      (c)] Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless the vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim or unless the driver of the vehicle [was used in violation] injured a pedestrian, violated any of the provisions of NRS 484.379 or [its] the use of the vehicle was punishable pursuant to NRS 484.3795;

      [(d)] (b) Was not a resident of the State of Nevada at the time the incident upon which the claim is based occurred [;] or he is unable to provide proof that he was a resident at that time;


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

ê1995 Statutes of Nevada, Page 2221 (Chapter 598, AB 467)ê

 

      [(e)] (c) Was a coconspirator, codefendant, accomplice or adult passenger of the offender whose crime caused the victim’s injuries; or

      [(f)] (d) Fails to cooperate with law enforcement agencies. Such cooperation does not require prosecution of the offender.

      2.  [The provisions of paragraphs (a) and (b)] Paragraph (a) of subsection 1 [do] does not apply to a minor who was [:

      (a) Involved in the production of pornography in violation of NRS 200.710, 200.720 or 200.730 or section 2 of Assembly Bill No. 405 of this session;

      (b) A victim of sexual abuse, as that term is defined in NRS 432B.100; or

      (c) Physically] physically injured or killed while being a passenger in the vehicle of an offender who violated NRS 484.379 or is punishable pursuant to NRS 484.3795.

      3.  A victim who is a relative of the offender or who, at the time of the personal injury or death of the victim, was living with the offender in a continuing relationship may be awarded compensation if:

      (a) The offender would not profit by the compensation of the victim; and

      (b) The offender was not in violation of NRS 484.379 or punishable pursuant to NRS 484.3795.

      4.  The compensation officer may deny an award if he determines that the applicant will not suffer serious financial hardship. In determining whether an applicant will suffer serious financial hardship, the compensation officer shall not consider:

      (a) The value of the victim’s dwelling;

      (b) The value of one motor vehicle owned by the victim; or

      (c) The savings and investments of the victim up to an amount equal to the victim’s annual salary.

      5.  As used in this section, “resident” means a person who:

      (a) Is a citizen of the United States or who is lawfully entitled to reside in the United States; and

      (b) During the 6 weeks preceding the date of the crime was:

             (1) Domiciled in this state; and

             (2) Physically present in this state, except for any temporary absence.

      Sec. 3.  Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1995.

 

________

 

 

CHAPTER 599, AB 487

Assembly Bill No. 487–Committee on Ways and Means

CHAPTER 599

AN ACT relating to state purchasing; requiring the chief of the purchasing division of the department of administration to establish a supplemental food program; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

      whereas, Hunger denies dignity, lessens human energy, erodes community stability and impairs the potential of people and societies to achieve; and


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

ê1995 Statutes of Nevada, Page 2222 (Chapter 599, AB 487)ê

 

      whereas, Many situations such as unemployment, underemployment, living on a fixed income, the lack of medical insurance and the high cost of housing, utilities and child care can cause a family to survive without enough money to purchase food which meets the nutritional needs of the family; and

      whereas, The present economic climate has caused an alarming increase in requests for emergency food services, and an increasing number of the residents of Nevada are without food for the first time in their lives; and

      whereas, Emergency food programs in Nevada, which are currently funded by personal donations as well as contributions from local businesses, churches and federal grants, provide necessary intervention, such as during the 2- to 5-week waiting period after an application is made for food stamps, for persons on low fixed incomes and persons who are chronically undernourished; and

      whereas, The federal funding for emergency food programs is rapidly dwindling and a small but steady source of state funding would ensure the continued existence of the food banks and other support groups which help to make the emergency food programs in Nevada more cost-effective; and

      whereas, The dual purposes of food banking are the elimination of waste in the food industry and the distribution of surplus or otherwise unusable products to agencies serving children and needy, ill and elderly persons through such programs as emergency pantry programs, senior nutrition programs and children’s nutrition programs; and

      whereas, These community-based programs unite communities by providing the opportunity for people to help each other and reduce dependency on governmental services, and the net effect of supplementing the nutritional allotment of persons who receive governmental services is to reduce the amount of money spent on health care, especially for pregnant women, children and elderly persons; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In conjunction with his duty to purchase or otherwise acquire commodities for using agencies, the chief shall establish a supplemental food program to supplement the supply of food and the services provided by programs which provide food to indigent persons, such as food banks, emergency food pantries, soup kitchens and homeless shelters.

      2.  The chief may solicit and accept gifts and grants for the program. Upon receipt of such gifts and grants, the amount received must be deposited in the donated commodities account. Gifts and grants deposited in the account must be used in the same manner as other money in the account.

      3.  In carrying out the program, the chief shall purchase and distribute nutritious food to persons in this state who cannot afford to purchase such food. Except as otherwise provided in subsection 2 of NRS 333.124, the money in the account must be used in the following proportions:

      (a) Not less than 95 percent must be used to purchase and distribute nutritious foods which are infrequently donated or which will supplement the food which is donated, including, but not limited to, peanut butter, tuna fish, fruit, vegetables, dry milk and stew; and

 


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

ê1995 Statutes of Nevada, Page 2223 (Chapter 599, AB 487)ê

 

food which is donated, including, but not limited to, peanut butter, tuna fish, fruit, vegetables, dry milk and stew; and

      (b) Any remainder may be used to provide educational information regarding nutrition and the purchase and preparation of food.

      Sec. 2.  NRS 333.124 is hereby amended to read as follows:

      333.124  1.  The donated commodities account is hereby created in the state general fund for the use of the chief in acquiring commodities donated by the Federal Government and its agencies [.] and to purchase and distribute nutritious food in accordance with section 1 of this act.

      2.  If a tax-supported or nonprofit school or other health or educational institution receives a donated commodity secured through the purchasing division, the chief shall charge the school or institution a fee in an amount sufficient to repay part or all of the cost of transportation and other costs incurred in acquiring the commodity.

      3.  All money received by the chief pursuant to this section must be deposited in the state treasury for credit to the donated commodities account. The interest and income earned on the money in the account must be credited to the account.

      4.  Costs of freight, storage, handling charges and other administrative expenses, including compensation of purchasing division personnel, incidental to the acquisition of the donated commodities and the administration of the supplemental food program may be paid from the donated commodities account.

      Sec. 3.  1.  There is hereby appropriated from the state general fund to the donated commodities account created pursuant to NRS 333.124, the sum of $200,000.

      2.  Any remaining balance of the appropriation made by subsection 1 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. 4.  1.  This section and sections 1 and 3 of this act become effective on July 1, 1995.

      2.  Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1995.

 

________


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

ê1995 Statutes of Nevada, Page 2224ê

 

CHAPTER 600, AB 499

Assembly Bill No. 499–Committee on Government Affairs

CHAPTER 600

AN ACT relating to the publication of governmental notices; revising requirements for publication of certain information by counties; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244A.549 is hereby amended to read as follows:

      244A.549  1.  Until paid , all service charges of the county or the state [, as the case may be,] charged to any person owning or occupying real property in the county constitute a perpetual lien against the property served, superior to all liens, claims and titles other than liens for general taxes and special assessments. This lien is not extinguished by the sale of any property on account of nonpayment of any other lien, claim or title, including liens for general taxes and special assessments.

      2.  A lien for unpaid service charges may be foreclosed in the same manner as provided [by the laws of the State of Nevada] for the foreclosure of mechanics’ liens. Before any such lien is foreclosed the board shall hold a hearing [thereon] on the lien after notice thereof [by publication and] by registered or certified first-class mail, postage prepaid, addressed to the last known owner at his last known address according to the records of the county in which the property is located.

      Sec. 2.  NRS 293.557 is hereby amended to read as follows:

      293.557  1.  The county clerk shall cause to be published once in each of the newspapers circulated in different parts of the county [a list of all registered voters within the circulation area of each newspaper,] or cause to be published once in a newspaper circulated in the county [an] :

      (a) An alphabetical listing of all registered voters, including the precinct of each voter [, for the entire county:] :

             (1) Within the circulation area of each newspaper if the listing is published in each newspaper circulated in different parts of the county; or

             (2) Within the entire county if the listing is published in only one newspaper in the county; or

      (b) A statement notifying the public that the county clerk will provide an alphabetical listing of the names of all registered voters in the entire county and the precinct of each voter free of charge to any person upon request.

      2.  The county clerk shall comply with the requirements for publication:

      (a) Not less than 2 weeks before the close of registration for any primary election.

      (b) After each primary election and not less than 2 weeks before the close of registration for the ensuing general election.

      [2.] 3.  The county may not pay more than 10 cents per name for six-point or seven-point type or 15 cents per name for eight-point type or larger to each newspaper publishing the list.

      [3.] 4.  The list of registered voters , if published, must not be printed in type smaller than six-point.


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

ê1995 Statutes of Nevada, Page 2225 (Chapter 600, AB 499)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 601, AB 506

Assembly Bill No. 506–Assemblymen Buckley, Tripple, Goldwater, Bache, Giunchigliani, Lambert, Evans, Freeman, Close, Arberry, Krenzer, Ohrenschall, Segerblom and Neighbors

CHAPTER 601

AN ACT relating to land use; providing that a master plan may include a housing plan; requiring certain governing bodies adopting any part of a master plan to adopt a housing plan; and providing other matters properly relating thereto.

 

[Approved July 5, 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 read as follows:

      “Affordable housing” means housing affordable for a family with a total gross income less than 110 percent of the median gross income for the county concerned based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county.

      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, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 278.020 is hereby amended to read as follows:

      278.020  1.  For the purpose of promoting health, safety, morals, or the general welfare of the community, the governing bodies of cities and counties are authorized and empowered to regulate and restrict the improvement of land and to control the location and soundness of structures.

      2.  Any such regulation, restriction and control [shall] must take into account [the] :

      (a) The potential impairment of natural resources and the total population which the available natural resources will support without unreasonable impairment [.] ; and

      (b) The availability of and need for affordable housing in the community, including affordable housing that is accessible to persons with disabilities.

      Sec. 4.  NRS 278.150 is hereby amended to read as follows:

      278.150  1.  The planning commission shall prepare and adopt a comprehensive, long-term general plan for the physical development of the city, county or region which in the commission’s judgment bears relation to the planning thereof.


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

ê1995 Statutes of Nevada, Page 2226 (Chapter 601, AB 506)ê

 

      2.  The plan [shall] must be known as the master plan, and must be so prepared that all or portions thereof, except as provided in subsection 3, may be adopted by the governing body, as provided in NRS 278.010 to 278.630, inclusive, and section 1 of this act as a basis for the development of the city, county or region for such reasonable period of time next ensuing after the adoption thereof as may practically be covered thereby.

      3.  In counties [having a population of] whose population is 100,000 or more, if the governing body of the city or county adopts only a portion of the master plan, it shall include in that portion a conservation plan , a housing plan and a population plan as provided in NRS 278.160.

      Sec. 5.  NRS 278.160 is hereby amended to read as follows:

      278.160  1.  The master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:

      (a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.

      (b) Conservation plan. For the conservation, development and utilization of natural resources, including water and its hydraulic force, underground water, water supply, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.

      (c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.

      (d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.

      (e) Housing [. Survey of housing conditions and needs and plans and procedure for improvement of housing standards and for the provision of adequate housing.] plan. The housing plan must include, but is not limited to:

             (1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing.

             (2) An inventory of affordable housing in the community.

             (3) An analysis of the demographic characteristics of the community.

             (4) A determination of the present and prospective need for affordable housing in the community.

             (5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.

             (6) An analysis of the characteristics of the land that is the most appropriate for the construction of affordable housing.


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

ê1995 Statutes of Nevada, Page 2227 (Chapter 601, AB 506)ê

 

             (7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.

             (8) A plan for maintaining and developing affordable housing to meet the housing needs of the community.

      (f) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land.

      (g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.

      (h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.

      (i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights of way, easements and facilities therefor, including any utility projects required to be reported pursuant to NRS 278.145.

      (j) Recreation plan. Showing a comprehensive system of recreation areas, including natural reservations, parks, parkways, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.

      (k) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from such hazards.

      (l) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.

      (m) Solid waste disposal plan. Showing general plans for disposal of solid waste.

      (n) Streets and highways plan. Showing general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets [,] and numbering houses , with [,] recommendations concerning proposed changes.

      (o) Transit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.

      (p) Transportation plan. Showing a comprehensive transportation system, including locations of rights of way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.

      2.  The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.


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

ê1995 Statutes of Nevada, Page 2228 (Chapter 601, AB 506)ê

 

      Sec. 6.  NRS 278.170 is hereby amended to read as follows:

      278.170  1.  The commission may prepare and adopt all or any part of the master plan or any subject thereof, except as provided in subsection 2, for all or any part of the city, county or region . [; but master] Master regional plans must be coordinated with similar plans of adjoining regions, and master county and city plans within each region must be coordinated so as to fit properly into the master plan for the region.

      2.  In counties [having a population of] whose population is 100,000 or more, if the commission prepares and adopts less than all subjects of the master plan, as outlined in NRS 278.160, it shall include, in its preparation and adoption, the conservation , housing and population plans described in that section.

      Sec. 7.  NRS 278.230 is hereby amended to read as follows:

      278.230  1.  Whenever the governing body of any city or county [shall have] has adopted a master plan or part thereof for the city or county, or for any major section or district thereof, the governing body shall, upon recommendation of the planning commission, determine upon reasonable and practical means for putting into effect the master plan or part thereof, in order that the same will serve as [a] :

      (a) A pattern and guide for that kind of orderly physical growth and development of the city or county which will cause the least amount of natural resource impairment and will conform to the adopted population plan, where required, and [as a] ensure an adequate supply of housing, including affordable housing; and

      (b) A basis for the efficient expenditure of funds thereof relating to the subjects of the master plan.

      2.  The governing body may adopt and use such procedure as may be necessary for this purpose.

      Sec. 8.  NRS 278.250 is hereby amended to read as follows:

      278.250  1.  For the purposes of NRS 278.010 to 278.630, inclusive, and section 1 of this act, the governing body may divide the city, county or region into zoning districts of such number, shape and area as are best suited to carry out the purposes of NRS 278.010 to 278.630, inclusive [.] , and section 1 of this act. Within the zoning district it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.

      2.  The zoning regulations must be adopted in accordance with the master plan for land use and be designed:

      (a) To preserve the quality or air and water resources.

      (b) To promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment.

      (c) To provide for recreational needs.

      (d) To protect life and property in areas subject to floods, landslides and other natural disasters.

      (e) To conform to the adopted population plan, if required by NRS 278.170.

      (f) To develop a timely, orderly and efficient arrangement of transportation and public facilities and services, including facilities and services for bicycles.


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

ê1995 Statutes of Nevada, Page 2229 (Chapter 601, AB 506)ê

 

      (g) To ensure that the development on land is commensurate with the character and the physical limitations of the land.

      (h) To take into account the immediate and long-range financial impact of the application of particular land to particular kinds of development, and the relative suitability of the land for development.

      (i) To promote health and the general welfare.

      (j) To ensure the development of an adequate supply of housing for the community, including the development of affordable housing.

      3.  The zoning regulations must be adopted with reasonable consideration, among other things, to the character of the area and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city, county or region.

      Sec. 9.  NRS 268.190 is hereby amended to read as follows:

      268.190  Except as otherwise provided by law, the city planning commission may:

      1.  Recommend and advise the city council and all other public authorities concerning:

      (a) The laying out, widening, extending, paving, parking and locating of streets, sidewalks and boulevards.

      (b) The betterment of housing and sanitary conditions, and the establishment of zones or districts within which lots or buildings may be restricted to residential use, or from which the establishment, conduct or operation of certain business, manufacturing or other enterprises may be excluded, and limiting the height, area and bulk of buildings and structures therein.

      2.  Recommend to the city council and all other public authorities plans and regulations for the future growth, development and beautification of the municipality in respect to its public and private buildings and works, streets, parks, grounds and vacant lots, which must include for each city a population plan if required by NRS 278.170 [.] and a plan for the development of affordable housing.

      3.  Perform any other acts and things necessary or proper to carry out the provisions of NRS 268.110 to 268.220, inclusive, and in general to study and propose such measures as may be for the municipal welfare and in the interest of protecting the municipal area’s natural resources from impairment.

      Sec. 10.  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.

 

________


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

ê1995 Statutes of Nevada, Page 2230ê

 

CHAPTER 602, AB 510

Assembly Bill No. 510–Assemblyman Bache

CHAPTER 602

AN ACT relating to common-interest ownership; increasing the requirements of disclosure and notification by associations of units’ owners of common-interest communities; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 116.3108 is hereby amended to read as follows:

      116.3108  1.  A meeting of the association must be held at least [once] twice each year. Special meetings of the association may be called by the president, a majority of the executive board or by units’ owners having 20 percent, or any lower percentage specified in the bylaws, of the votes in the association.

      2.  Not less than 10 nor more than 60 days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit’s owner. The notice of any meeting must state the time and place of the meeting and the items on the agenda, including , but not limited to, the general nature of any proposed amendment to the declaration or bylaws, and fees or assessments to be imposed or increased by the association, any budgetary changes and any proposal to remove an officer or member of the executive board. The notice must include notification of the right of a unit’s owner to have a copy of the minutes or a summary of the minutes of the meeting distributed to him upon request if he pays the association the cost of making the distribution.

      3.  If the association adopts a policy imposing a fine on a unit’s owner for the violation of the bylaws or other rules established by the association, the secretary or other officer specified in the bylaws shall prepare and cause to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit’s owner, a schedule of the fines that may be imposed for those violations.

      4.  Not more than 30 days after any meeting, the secretary or other officer specified in the bylaws shall cause the minutes or a summary of the minutes of the meeting to be made available to the units’ owners. A copy of the minutes or a summary of the minutes must be provided to any unit’s owner who pays the association the cost of providing the copy to him.

      Sec. 2.  NRS 116.3115 is hereby amended to read as follows:

      116.3115  1.  Until the association makes an assessment for common expenses, the declarant shall pay all common expenses. After an assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association.

      2.  Except for assessments under subsections 3, 4 and 5, all common expenses, including a reserve, must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to subsections 1 and 2 of NRS 116.2107. Any past due assessment for common expenses or installment thereof bears interest at the rate established by the association not exceeding 18 percent per year.


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

ê1995 Statutes of Nevada, Page 2231 (Chapter 602, AB 510)ê

 

expenses or installment thereof bears interest at the rate established by the association not exceeding 18 percent per year.

      3.  To the extent required by the declaration:

      (a) Any common expense associated with the maintenance, repair or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion the declaration provides;

      (b) Any common expense or portion thereof benefiting fewer than all of the units must be assessed exclusively against the units benefited; and

      (c) The costs of insurance must be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.

      4.  Assessments to pay a judgment against the association may be made only against the units in the common-interest community at the time the judgment was entered, in proportion to their liabilities for common expenses.

      5.  If any common expense is caused by the misconduct of any unit’s owner, the association may assess that expense exclusively against his unit.

      6.  If liabilities for common expenses are reallocated, assessments for common expenses and any installment thereof not yet due must be recalculated in accordance with the reallocated liabilities.

      7.  The association shall provide written notice to the owner of each unit of a meeting at which an assessment for a capital improvement is to be considered or action is to be taken on such an assessment at least 21 calendar days before the meeting.

      Sec. 3.  NRS 116.3118 is hereby amended to read as follows:

      116.3118  The association shall keep financial records sufficiently detailed to enable the association to comply with NRS 116.4109. All financial and other records must be made reasonably available for [examination by] any unit’s owner and his authorized agents [.] to inspect, examine, photocopy and audit.

 

________


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

ê1995 Statutes of Nevada, Page 2232ê

 

CHAPTER 603, AB 532

Assembly Bill No. 532–Assemblymen Buckley, Anderson, Perkins, Goldwater, Manendo, de Braga, Ohrenschall, Lambert, Bache, Schneider, Fettic, Segerblom, Spitler, Price, Chowning, Bennett, Arberry, Close, Ernaut, Stroth, Allard, Tripple, Harrington, Krenzer, Nolan, Marvel, Giunchigliani and Monaghan

CHAPTER 603

AN ACT relating to governmental acquisitions of real property; providing for payments by governmental bodies to persons displaced from their dwellings or business establishments as a result of such acquisitions; authorizing the Nevada gaming commission to approve a nonrestricted gaming license for an establishment which is not a resort hotel at a new location if the establishment is acquired or displaced pursuant to a redevelopment project; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 342 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires:

      1.  “Acquisition” means the acquisition of real property by a governmental body by purchase or eminent domain.

      2.  “Business” means a business which is licensed in accordance with law.

      3.  “Displacement” means the actual vacating of real property by a natural person or business because of an acquisition by a governmental body.

      4.  “Governmental body” means any political subdivision of this state, any department, agency or instrumentality of a political subdivision, and any other entity which is authorized to exercise the power of eminent domain.

      Sec. 3.  Before displacing a natural person or a business as a result of an acquisition, a governmental body shall develop a process by which natural persons or businesses who will be displaced from their dwellings or business establishments as a result of the acquisition, and who are otherwise eligible for services and benefits provided by the governmental body pursuant to sections 2 to 8, inclusive, of this act, may claim eligibility for those services and benefits. The process must include, without limitation, claim forms and a schedule setting forth the time when those forms and any required attachments must be submitted to the governmental body and the time when the governmental body will distribute any monetary compensation or provide other services.

      Sec. 4.  A governmental body shall provide the following administrative services for persons whose dwellings or business establishments are situated on property proposed for acquisition by the governmental body:

      1.  Written materials and public meetings, where applicable, which will provide information on the proposed acquisition of the property and the services and benefits that will be available to the persons who will be displaced.

      2.  Information and assistance regarding the time and manner in which the persons may claim eligibility for such services and benefits.


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

ê1995 Statutes of Nevada, Page 2233 (Chapter 603, AB 532)ê

 

      3.  Ninety days’ written notice of the proposed displacement. This notice must contain information on the procedure for obtaining the services and benefits provided pursuant to sections 2 to 8, inclusive, of this act, to which a person is otherwise eligible.

      Sec. 5.  Before undertaking a project that will result in the displacement of a natural person or a business, each governmental body shall adopt policies pursuant to sections 2 to 8, inclusive, of this act to provide relocation assistance and make relocation payments to each person displaced from his dwelling or business establishment as a result of the acquisition of property in a manner substantially similar to and in amounts equal to or greater than those which are provided for in the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601-4655, and the regulations adopted pursuant thereto.

      Sec. 6.  1.  In addition to the relocation benefits provided pursuant to section 5 of this act, each person who is displaced from his business establishment as a result of the acquisition of property by an agency created pursuant to chapter 279 of NRS or by any person or entity acting on behalf of, in cooperation with or under contract with such an agency, and whose lease of the premises on which the establishment is situated is terminated as a consequence of the acquisition, must be paid:

      (a) The actual, reasonable and necessary costs of alterations and other physical changes that are required to be made to a new location to render it suitable for the operation of the business;

      (b) The actual, reasonable and necessary costs of modifications made to machinery, equipment and other personal property moved to the new location which were necessary for the operation of the business, except that such costs must not exceed the acquisition cost of the machinery, equipment and other personal property less accumulated depreciation;

      (c) The prorated fees for any licenses, permits or certifications that must be obtained for the business to operate in the new location;

      (d) The actual, reasonable and necessary fees for professional services incurred in connection with the acquisition of a replacement site, including the services of architects, appraisers, attorneys, engineers, realtors and other consultants; and

      (e) A sum equal to:

             (1) An amount which, when added to the amount that the tenant formerly paid in rent, will enable him to rent or lease a comparable business location on the current market for a term equal to the period that would have remained on his lease if it had not been terminated as a result of the acquisition of the property or 3 years, whichever is greater; or

             (2) The fair market value of the business as determined in accordance with subsection 5 of NRS 37.009 if the business owner is unable to relocate his business establishment to a comparable new location because of the operation of a governmental ordinance, regulation or restriction or because a comparable business location is not available.

      2.  The provisions of this section do not apply to month-to-month tenancies.

      3.  The provisions of this section do no apply to a business which executes an initial lease within 1 year before the approval of a development agreement or other similar action of a governmental body identifying the property that will be acquired, unless the business is renewing a lease on a site that it has occupied for more than 1 year before the identification of the property that will be acquired.


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

ê1995 Statutes of Nevada, Page 2234 (Chapter 603, AB 532)ê

 

will be acquired, unless the business is renewing a lease on a site that it has occupied for more than 1 year before the identification of the property that will be acquired.

      4.  A governmental body may adopt ordinances or regulations or take any other appropriate action which allows a business to be relocated to a comparable business location.

      5.  As used in this section, “comparable business location” means a location that is decent, safe and sanitary, adequate in size for the needs of the displaced business, functionally equivalent for the purposes of the displaced business and located in an area not subject to unreasonably adverse environmental conditions.

      6.  Nothing contained in this section requires a governmental body to relocate a business to a location in a redevelopment area or an area similar to a redevelopment area, or to provide the benefits that a location in a redevelopment area would provide.

      Sec. 7.  1.  All payments of benefits pursuant to sections 2 to 8, inclusive, of this act must be made within 90 days after notice of displacement is given by a governmental body. If a person entitled to such benefits informs the governmental body that a payment is needed immediately to pay a third party, such as a new landlord, utility company or escrow company, the governmental body shall make any authorized payment directly to the third party upon request.

      2.  Each governmental body subject to the provisions of sections 2 to 8, inclusive, of this act shall establish an administrative appeal process for handling grievances arising pursuant to those sections. The process must include, at a minimum, notice and an opportunity to be heard.

      Sec. 8.  1.  Notwithstanding the provisions of any other statute to the contrary, the provisions of sections 2 to 7, inclusive, of this act apply to all acquisitions of real property by a governmental body by purchase or eminent domain unless the person who is being displaced owns and occupies the real property and willingly agrees to the purchase price offered by the governmental body.

      2.  Notwithstanding the provisions of sections 2 to 7, inclusive, of this act, a governmental body may, if appropriate under the circumstances, pay to a displaced person an amount of benefits that exceeds the amounts set forth in sections 2 to 7, inclusive, of this act. The governmental body has sole discretion to decide whether benefits will be paid in an amount that exceeds the amounts set forth in sections 2 to 7, inclusive, of this act, and its decision on that matter is final.

      3.  The regulations adopted pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601-4655, govern the interpretation of any word or phrase not specifically defined in sections 2 and 6 of this act.

      Sec. 9.  NRS 463.1605 is hereby amended to read as follows:

      463.1605  1.  [The] Except as otherwise provided in subsection 3, the commission shall not approve a nonrestricted license, other than for the operation of a race book or sports pool at an establishment which holds a nonrestricted license to operate both gaming devices and a gambling game, for an establishment in a county whose population is 100,000 or more unless the establishment is a resort hotel.


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

ê1995 Statutes of Nevada, Page 2235 (Chapter 603, AB 532)ê

 

for an establishment in a county whose population is 100,000 or more unless the establishment is a resort hotel.

      2.  A county, city or town may require resort hotels to meet standards in addition to those required by this chapter as a condition of issuance of a gaming license by the county, city or town.

      3.  The commission may approve a nonrestricted license for an establishment which is not a resort hotel at a new location if the establishment was acquired or displaced pursuant to a redevelopment project undertaken by an agency created pursuant to NRS 279.382 to 279.685, inclusive.

      Sec. 10.  1.  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.

      2.  A local government may obtain reimbursement from a private entity to cover all or any part of the expenses incurred by the local government in carrying out the provisions of sections 2 to 8, inclusive, of this act.

      Sec. 11.  The provisions of section 6 of this act do not apply to any business that executed a lease after January 1, 1992, for a site in a pedestrian mall that was created pursuant to NRS 268.810 to 268.823, inclusive, unless the business previously occupied that site under a lease for more than 1 year which was executed before January 1, 1992.

      Sec. 12.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 604, AB 561

Assembly Bill No. 561–Committee on Government Affairs

CHAPTER 604

AN ACT relating to state finances; designating the state treasurer as the primary representative of the state in matters concerning any nationally recognized bond credit rating agency for the purposes of the issuance of certain state obligations; making the state treasurer directly responsible for the issuance of such obligations; transferring certain duties relating to the issuance and redemption of state securities from the state board of examiners to the state board of finance; providing that state general obligation bonds are subject to the review and approval of the state board of finance; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 226.110 is hereby amended to read as follows:

      226.110  The state treasurer shall:

      1.  Receive and keep all money of the state which is not expressly required by law to be received and kept by some other person.

      2.  Receipt to the state controller for all money received, from whatever source, at the time of receiving it.

      3.  Establish the policies to be followed in the investment of money of the state, subject to the periodic review and approval or disapproval of those policies by the state board of finance.


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

ê1995 Statutes of Nevada, Page 2236 (Chapter 604, AB 561)ê

 

      4.  Disburse the public money upon warrants drawn upon the treasury by the state controller, and not otherwise. The warrants must be registered, and paid in the order of their registry.

      5.  Keep a just, true and comprehensive account of all money received and disbursed.

      6.  Deliver in good order to his successor in office all money, records, books, papers and other things belonging to his office.

      7.  Fix, charge and collect reasonable fees for:

      (a) Investing the money in any fund or account which is credited for interest earned on money deposited in it; and

      (b) Special services rendered to other state agencies which increase the cost of operating his office.

      8.  Serve as the primary representative of the state in matters concerning any nationally recognized bond credit rating agency for the purposes of the issuance of any obligation authorized on the behalf and in the name of the state, except as otherwise provided in section 14 of this act and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive.

      9.  Be directly responsible for the issuance of any obligation authorized on the behalf and in the name of the state, except as otherwise provided in section 14 of this act and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive. The state treasurer shall issue such an obligation as soon as practicable after receiving a request from a state agency for the issuance of the obligation.

      Sec. 2.  Chapter 349 of NRS is hereby amended by adding thereto a new section to read as follows:

      Except for bonds issued by the Colorado River commission which are additionally supported by pledged revenues of a project, any general obligation bond authorized on the behalf and in the name of the state is subject to the review and approval of the state board of finance, unless otherwise provided by statute.

      Sec. 3.  NRS 349.010 is hereby amended to read as follows:

      349.010  1.  Whenever the State of Nevada proposes to issue bonds or provide for loans in any amount which does not contravene the limit of indebtedness provided by the constitution of the State of Nevada, the proposal for the bond issue or loan may be submitted to the electors of the state at a special, primary or general election.

      2.  A special election may be held only if the state board of [examiners] finance determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the state board of [examiners] finance to prevent or mitigate a substantial financial loss to the state or to enable the state to provide an essential service to the residents of the state.


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

ê1995 Statutes of Nevada, Page 2237 (Chapter 604, AB 561)ê

 

      Sec. 4.  NRS 349.071 is hereby amended to read as follows:

      349.071  1.  The state board of [examiners] finance may issue and redeem securities on behalf of the state, when such issue is authorized by law, in the manner provided by the State Securities Law.

      2.  The state board of [examiners] finance constitutes the successor of the state board of examiners, the state general obligation bond commission and any [like] similar commission created [prior to] before April 25, 1967.

      3.  In connection with any outstanding state securities issued on behalf of the State of Nevada by the state board of examiners, the state general obligation bond commission or any such predecessor commission, the state board of [examiners] finance may fund, refund and reissue such securities and may otherwise exercise on behalf of the state the supplemental powers provided in the State Securities Law.

      Sec. 5.  NRS 349.150 is hereby amended to read as follows:

      349.150  NRS 349.150 to 349.364, inclusive, and section 2 of this act may be cited as the State Securities Law.

      Sec. 6.  NRS 349.162 is hereby amended to read as follows:

      349.162  “Commission” means the state board of [examiners,] finance, any state general obligation bond commission or any other commission, board or other agency of the state which is authorized by law to issue bonds or other securities in the name and on behalf of the state in accordance with the provisions of the State Securities Law, and means any such successor agency of this state.

      Sec. 7.  NRS 349.223 is hereby amended to read as follows:

      349.223  1.  A particular issue of state securities may be sold as an investment for the purpose of accumulating money for the future generally or to defray prospectively the anticipated costs of college if:

      (a) The resolution authorizing its issuance states that purpose and the state board of [examiners] finance approves the sale for that purpose; and

      (b) The resolution for issuance provides for the payment of compound interest on the securities.

      2.  The resolution authorizing the issuance of securities for the purposes described in subsection 1:

      (a) May describe the securities by a designation including the word “saving” or the phrase “saving for college”;

      (b) Must include a disclaimer that the state does not guarantee that the amount received at maturity will be adequate to meet the costs of college or other intended purpose; and

      (c) Must include a disclaimer that the state does not guarantee the price for which a security may be sold before it matures.

      Sec. 8.  NRS 349.264 is hereby amended to read as follows:

      349.264  Before selling any state securities publicly, the commission shall:

      1.  Cause a notice calling for bids for the purchase of the securities to be published at least 10 days before the date of sale, in a newspaper published within the boundaries of the state and having general circulation therein.

      2.  Cause such other notice to be given as the commission may direct.

      [3.  Cause, at least 1 week before the date fixed for the sale, a copy of the notice to be mailed to the state board of finance, Carson City, Nevada.]


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

ê1995 Statutes of Nevada, Page 2238 (Chapter 604, AB 561)ê

 

      Sec. 9.  NRS 349.904 is hereby amended to read as follows:

      349.904  “Board” means the state board of [examiners.] finance.

      Sec. 10.  NRS 349.948 is hereby amended to read as follows:

      349.948  The director shall not finance a water project unless, before financing:

      1.  The water project has been finally approved by the board after a public hearing on the matter.

      2.  The director finds and the state board of [examiners] finance approves the findings of the director that:

      (a) The contemplated lessee, purchaser or other obligor has sufficient financial resources to place the water project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement;

      (b) There are sufficient safeguards to assure that all money provided by the director will be expended solely for the purposes of the water project; and

      (c) The total amount of money necessary to be provided by the director for financing the water project has been determined in writing by the board on a form acceptable to the director.

      3.  For the issuance of state securities, the director and the state board of [examiners] finance have received and approved the authorizing documents showing the legal authority for the obligor to borrow and repay the proceeds of the state securities.

      4.  For the issuance of revenue bonds, the director and the state board of [examiners] finance have received and approved:

      (a) The financial plan showing that the revenues to be derived from the water project are adequate to pay the principal and interest on such bonds;

      (b) A 5-year operating history from the contemplated lessee, purchaser or other obligor or from a parent or other guarantor, who guarantees the payments of principal and interest on any bonds issued; and

      (c) A written statement from the obligor affirming that the obligor does not undertake to commit the state, and any political subdivision or municipality thereof to incur any pecuniary liability in connection with the issuance of the bonds.

      Sec. 11.  NRS 349.949 is hereby amended to read as follows:

      349.949  1.  The bonds must be authorized by an order of the director, and must:

      (a) Be in the denominations;

      (b) Bear the date or dates;

      (c) Mature at the time or times, not exceeding 30 years after their respective dates;

      (d) Bear interest at a rate or rates specified in the order;

      (e) Be in the form;

      (f) Carry the registration privileges;

      (g) Be executed in the manner;

      (h) Be payable at the place or places within or without the state; and

      (i) Be subject to the terms of redemption,

which the order authorizing their issue provides.


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

ê1995 Statutes of Nevada, Page 2239 (Chapter 604, AB 561)ê

 

      2.  The bonds may be sold in one or more series at par, or below or above par, in the manner and for the price or prices which the director determines in his discretion.

      3.  State securities must be authorized by resolution of the board of [examiners] finance at the request of the director.

      4.  As an incidental expense to any water project to be financed by the bonds, the director may employ:

      (a) Financial and legal consultants in regard to the financing of the water project; and

      (b) A person whose business is in Nevada or elsewhere to act as a trustee for the water project.

      5.  The bonds are fully negotiable under the terms of the Uniform Commercial Code—Investment Securities.

      Sec. 12.  NRS 349.976 is hereby amended to read as follows:

      349.976  1.  The state board of [examiners] finance shall issue revenue bonds in the face amount of not more than $100,000,000 to support the purposes of the program established by NRS 349.971. The net proceeds from the sale of the bonds, after deduction of the expenses related to the issuance of the bonds, must be deposited in the fund to finance capital improvements to community water systems.

      2.  The bonds and the interest thereon are payable solely from the net revenues received for the fund as payment of principal and interest on loans made from the fund.

      Sec. 13.  NRS 349.986 is hereby amended to read as follows:

      349.986  The state board of [examiners] finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $25,000,000 to support the purposes of the program. The net proceeds from the sale of the bonds must be deposited in the fund. The bonds must be redeemed through the consolidated bond interest and redemption fund.

      Sec. 14.  Chapter 538 of NRS is hereby amended by adding thereto a new section to read as follows:

      Before issuing any general obligation which the commission is authorized by law to issue on behalf and in the name of the State of Nevada, the commission shall consult the state treasurer. The chairman of the commission and the state treasurer shall jointly represent the State of Nevada in matters concerning any nationally recognized bond credit rating agency for the purposes of the issuance of any such obligation.

      Sec. 15.  NRS 538.041 is hereby amended to read as follows:

      538.041  As used in NRS 538.041 to 538.251, inclusive, and sections 5, 6 and 7 of [this act,] Assembly Bill No. 542 of this session and section 14 of this act, unless the context otherwise requires:

      1.  “Colorado River” means the Colorado River and all of the tributaries of the river.

      2.  “Commission” means the Colorado River commission.

      3.  “Commissioner” means a commissioner of the Colorado River commission.

      4.  “Director” means the director of the Colorado River commission.

      5.  “Southern Nevada Water Authority” means the political subdivision of the State of Nevada created on July 25, 1991, by a cooperative agreement entered into on that date pursuant to the provisions of NRS 277.080 to 277.180, inclusive.


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

ê1995 Statutes of Nevada, Page 2240 (Chapter 604, AB 561)ê

 

entered into on that date pursuant to the provisions of NRS 277.080 to 277.180, inclusive.

      6.  “Supplemental water” means water from any source which, if acquired, would allow water to be used consumptively from the mainstream of the Colorado River in excess of Nevada’s apportionment pursuant to the Boulder Canyon Project Act of 1928. The term does not include water from:

      (a) Lake Tahoe;

      (b) The Truckee, Carson or Walker river;

      (c) Any ground water within the State of Nevada, other than ground water within Clark County; or

      (d) Any surface water within the State of Nevada or that flows into the State of Nevada, other than the waters of the Colorado River,

unless the state engineer authorizes the transfer of that water to the Colorado River pursuant to the provisions of this chapter or chapter 532, 533 or 534 of NRS.

      7.  “Water purveyor” means a public entity created by or pursuant to the laws of this state which:

      (a) Is engaged in:

             (1) The acquisition of water on behalf of, or the delivery of water to, another water purveyor; or

             (2) The retail delivery of water in this state; and

      (b) Is not a member of another such public entity that is itself engaged in the activities described in paragraph (a).

      Sec. 16.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 605, AB 563

Assembly Bill No. 563–Committee on Elections and Procedures

CHAPTER 605

AN ACT relating to the state legislature; authorizing reimbursement to legislators who move to Carson City during a regular legislative session for a certain amount of the cost of renting furniture for use during the session; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.220 is hereby amended to read as follows:

      218.220  1.  The per diem expense allowance and the travel and telephone expenses of senators and assemblymen elected or appointed and in attendance at any session or presession orientation conference of the legislature must be allowed in the manner set forth in this section.

      2.  For initial travel from his home to Carson City, Nevada, to attend a session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a session or termination of a presession orientation conference of the legislature, each senator and assemblyman is entitled to receive:


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

ê1995 Statutes of Nevada, Page 2241 (Chapter 605, AB 563)ê

 

      (a) A per diem expense allowance not to exceed the greater of:

             (1) The rate of $44; or

             (2) The maximum rate established by the Federal Government for the locality in which the travel is performed,

for one day’s travel to and one day’s travel from the session or conference.

      (b) Travel expenses.

      3.  In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental allowance which must not exceed:

      (a) A total of $6,800 during each regular session of the legislature for:

             (1) His actual expenses in moving to and from Carson City for the session; [and]

             (2) Travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business; and

             (3) If he rents furniture for his temporary residence rather than moving similar furniture from his home, the cost of renting that furniture not to exceed the amount that it would have cost to move the furniture to and from his home; and

      (b) A total of $1,000 during each special session of the legislature for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business.

      4.  Each senator and assemblyman is entitled to receive a per diem expense allowance not to exceed the greater of:

      (a) The rate of $44; or

      (b) The maximum rate established by the Federal Government for the locality in which the travel is performed,

for each day that the legislature is in session or in a presession orientation conference and for each day that he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than 4 days.

      5.  Each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:

      (a) The legislature has adjourned until a time certain; and

      (b) The senator or assemblyman is not entitled to a per diem expense allowance pursuant to subsection 4.

      6.  In addition to the per diem expense allowance authorized by subsection 4 and the lodging allowance authorized by subsection 5, each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 17 days in each period in which:


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

ê1995 Statutes of Nevada, Page 2242 (Chapter 605, AB 563)ê

 

      (a) The legislature has adjourned for more than 4 days; and

      (b) The senator or assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting.

      7.  Each senator and assemblyman is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 6 days in each period in which:

      (a) The legislature has adjourned for more than 4 days; and

      (b) The senator or assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting,

if the senator or assemblyman is not entitled to the per diem expense allowance authorized by subsection 4 or the lodging allowances authorized by subsections 5 and 6.

      8.  Each senator and assemblyman is entitled to receive a telephone allowance of not more than $2,800 for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not more than $300 during each special session of the legislature.

      9.  An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.

      10.  Claims for expenses made under the provisions of this section must be made as other claims are made against the state, and must be paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsections 5, 6 and 7 must be paid once each week during a legislative session and upon completion of a presession orientation conference.

      11.  A claim for travel expenses authorized by subsection 2 or 3 must not be paid unless the senator or assemblyman submits a signed statement affirming:

      (a) The date of the travel; and

      (b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.

      12.  Travel expenses authorized by subsections 2 and 3 are limited to:

      (a) If the travel is by private conveyance, a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax. If two or more legislators travel in the same private conveyance, the legislator who provided or arranged for providing the transportation is presumed entitled to reimbursement.

      (b) If the travel is not by private conveyance, the actual amount expended. Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles.

 

________


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

ê1995 Statutes of Nevada, Page 2243ê

 

CHAPTER 606, AB 581

Assembly Bill No. 581–Committee on Commerce

CHAPTER 606

AN ACT relating to the department of business and industry; creating an account in the state general fund for special projects of the department; authorizing the creation within the department of an office of business finance and planning and a center for business advocacy and services; authorizing the use within the department of alternative means of dispute resolution under certain circumstances; transferring the office for hospital patients from the division of insurance to the consumer affairs division of the department; clarifying the authority of the director of the department; authorizing the establishment of a trust account for the deposit of certain money relating to bond programs administered by the director; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  An account for special projects to assist in the development of services for business and industry is hereby created in the state general fund. The account must be administered by the director. The director may apply for and accept any gift, donation, bequest, grant or other source of money for deposit in the account. The money in the account may be expended in accordance with the terms and conditions of the gift, donation, bequest or grant, or in accordance with subsection 2.

      2.  Except as otherwise provided in subsection 1, the money in the account may be used only in carrying out the duties of the director as they relate to developing and administering special projects to provide services for business and industry in this state.

      Sec. 3.  The director may:

      1.  Create within the department, as part of the office of the director, an office of business finance and planning to:

      (a) Administer and coordinate programs related to financing for the assistance of entities engaged in business and industry in this state;

      (b) Provide information to the public concerning the regulatory programs, assistance programs, and other services and activities of the department; and

      (c) Interact with other public or private entities to coordinate and improve access to the department’s programs related to the growth and retention of business and industry in this state.

      2.  Create within the department, as part of the office of business finance and planning, a center for business advocacy and services:

      (a) To assist small businesses in obtaining information about financing and other basic resources which are necessary for success;

      (b) In cooperation with the executive director of the commission on economic development, to increase public awareness of the importance of developing manufacturing as an industry and to assist in identifying and encouraging public support of businesses and industries that manufacture goods in this state;


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

ê1995 Statutes of Nevada, Page 2244 (Chapter 606, AB 581)ê

 

      (c) To serve as an advocate for small businesses, subject to the supervision of the director or his representative, both within and outside the department;

      (d) To assist the office of business finance and planning in establishing an information and referral service within the department that is responsive to the inquiries of business and industry which are directed to the department or any entity within the department; and

      (e) In cooperation with the executive director of the commission on economic development, to advise the director and the office of business finance and planning in developing and improving programs of the department to serve more effectively and support the growth, development and diversification of business and industry in this state.

      3.  Require divisions, offices, commissions, boards, agencies or other entities of the department to work together to carry out their statutory duties, to resolve or address particular issues or projects or otherwise to increase the efficiency of the operation of the department as a whole and the level of communication and cooperation among the various entities within the department.

      Sec. 4.  1.  Except if a particular procedure for resolving a dispute is required by a specific statute, and except as otherwise provided in subsection 2, the director may authorize any entity within the department or any natural person who is subject to the authority of the director to use alternative means of dispute resolution in any proceeding if the alternative means can be:

      (a) Carried out by the available personnel of the department or persons under contract with the department; and

      (b) Paid for with money that is available in the existing budget of the affected entity of the department.

      2.  Before authorizing an entity of the department to use alternative means of dispute resolution, the director must notify the attorney general. The attorney general, within 30 days after his receipt of the notification from the director, shall respond to the director concerning the advisability of using alternative means of dispute resolution to resolve the dispute at issue. The director shall consider the advice of the attorney general but may authorize an entity of the department to use alternative means of dispute resolution unless the attorney general indicates in his response that he officially opposes the use of such means. If the attorney general fails to respond within 30 days after his receipt of the notification, the director may authorize the use of alternative means of dispute resolution.

      3.  The alternative means of dispute resolution may include, without limitation, evaluation of the facts and issues in a dispute by a neutral person, fact-finding, mediation, arbitration or other collaborative problem-solving processes designed to encourage persons to work together to develop agreeable solutions to disputes in lieu of litigation or adjudication of contested cases in administrative hearings.

      4.  Any entity which, or natural person who, has received authorization from the director to use alternative means of dispute resolution may enter into a contract to facilitate the use of such means, subject to the approval of the attorney general, the limitations set forth in subsection 1 and the provisions of NRS 284.173.


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

ê1995 Statutes of Nevada, Page 2245 (Chapter 606, AB 581)ê

 

      Sec. 5.  1.  There is hereby created within the consumer affairs division of the department an office for hospital patients.

      2.  The administrator of the office:

      (a) Is responsible for the operation of the office, which must be easily accessible to the clientele of the office.

      (b) Must be appointed by the director.

      (c) Is in the unclassified service of the state.

      (d) Shall appoint and supervise such additional employees as are necessary to carry out the duties of the office. The employees of the office are in the classified service of the state.

      (e) Shall submit a written report quarterly to the department of human resources and the legislative committee on health care concerning the activities of the office, including, but not limited to, the number of complaints received by the office, the number and type of disputes heard, mediated, arbitrated or resolved through alternative means of dispute resolution by the administrator and the outcome of the mediation, arbitration or alternative means of dispute resolution.

      3.  The administrator of the office may, upon request made by either party, hear, mediate, arbitrate or resolve by alternative means of dispute resolution disputes between patients and hospitals. The administrator may decline to hear a case which in his opinion is trivial, without merit or beyond the scope of his jurisdiction. The administrator may hear, mediate, arbitrate or resolve through alternative means of dispute resolution disputes regarding:

      (a) The accuracy or amount of charges billed to the patient;

      (b) The reasonableness of arrangements made pursuant to paragraph (c) of subsection 1 of NRS 439B.260; and

      (c) Such other matters related to the charges for care provided to a patient as the administrator determines appropriate for arbitration, mediation or other alternative means of dispute resolution.

      4.  The decision of the administrator is a final decision for the purpose of judicial review.

      5.  Each hospital, other than federal and state hospitals, with 49 or more licensed or approved hospital beds shall pay an annual assessment for the support of the office. On or before July 15 of each year, the director of the department of human resources shall notify each hospital of its assessment for the fiscal year. Payment of the assessment is due on or before September 15. Late payments bear interest at the rate of 1 percent per month or fraction thereof.

      6.  The total amount assessed pursuant to subsection 5 for a fiscal year must be $100,000 adjusted by the percentage change between January 1, 1991, and January 1 of the year in which the fees are assessed, in the Consumer Price Index (All Items) published by the United States Department of Labor.

      7.  The total amount assessed must be divided by the total number of patient days of care provided in the previous calendar year by the hospitals subject to the assessment. For each hospital, the assessment must be the result of this calculation multiplied by its number of patient days of care for the preceding calendar year.


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

ê1995 Statutes of Nevada, Page 2246 (Chapter 606, AB 581)ê

 

      Sec. 6.  NRS 232.505 is hereby amended to read as follows:

      232.505  As used in NRS 232.505 to 232.840, inclusive, and sections 2 to 5, inclusive, of this act, unless the context requires otherwise:

      1.  “Department” means the department of business and industry.

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

      Sec. 7.  NRS 232.510 is hereby amended to read as follows:

      232.510  1.  The department of business and industry is hereby created.

      2.  The department consists of a director and the following:

      (a) Consumer affairs division.

      (b) Division of financial institutions.

      (c) Housing division.

      (d) Manufactured housing division.

      (e) Real estate division.

      (f) Division of unclaimed property.

      (g) Division of agriculture.

      (h) Division of minerals.

      (i) Division of insurance.

      (j) Division of industrial relations.

      (k) Office of labor commissioner.

      (l) Taxicab authority.

      (m) Nevada athletic commission.

      (n) Office of the Nevada attorney for injured workers.

      (o) State predatory animal and rodent committee.

      (p) Any other office, commission, board agency or entity created or placed within the department pursuant to a specific statute, the budget approved by the legislature or an executive order, or an entity whose budget or activities have been placed within the control of the department by a specific statute.

      Sec. 8.  NRS 232.520 is hereby amended to read as follows:

      232.520  The director:

      1.  Shall appoint a chief or executive director, or both of them, of each of the divisions , offices, commissions, boards, agencies or other entities of the department [.] , unless the authority to appoint such a chief or executive director, or both of them, is expressly vested in another person, board or commission by a specific statute. In making the appointments, the director may obtain lists of qualified persons from professional organizations, associations or other groups recognized by the department, if any. The chief of the consumer affairs division is the commissioner of consumer affairs, the chief of the division of financial institutions is the commissioner of financial institutions, the chief of the housing division is the administrator of the housing division, the chief of the manufactured housing division is the administrator of the manufactured housing division, the chief of the real estate division is the real estate administrator , [and] the chief of the division of unclaimed property is the administrator of unclaimed property [.] , the chief of the division of agriculture is the administrator of the division of agriculture, the chief of the division of minerals is the administrator of the division of minerals, the chief of the division of insurance is the insurance commissioner, the chief of the division of industrial relations is the administrator of the division of industrial relations, the chief of the office of labor commissioner is the labor commissioner, the chief of the taxicab authority is the taxicab administrator, and the chief of any other entity of the department has the title specified by the director, unless a different title is specified by a specific statute.


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

ê1995 Statutes of Nevada, Page 2247 (Chapter 606, AB 581)ê

 

labor commissioner, the chief of the taxicab authority is the taxicab administrator, and the chief of any other entity of the department has the title specified by the director, unless a different title is specified by a specific statute.

      2.  Is responsible for the administration of all provisions of law relating to the jurisdiction, duties and functions of all divisions and other entities within the department. The director may, if he deems it necessary to carry out his administrative responsibilities, be considered as a member of the staff of any division or other entity of the department for the purpose of budget administration or for [the performance of any duty or the exercise of any power with respect to the division.] carrying out any duty or exercising any power necessary to fulfill the responsibilities of the director pursuant to this subsection. Nothing contained in this subsection may be construed as allowing the director to preempt any authority or jurisdiction granted by statute to any division or other entity within the department or as allowing the director to act or take on a function that would be in contravention of a rule of court or a statute.

      3.  Has authority to:

      (a) Establish uniform policies for the department, consistent with the policies and statutory responsibilities and duties of the divisions and other entities within the department, relating to matters concerning budgeting, accounting, planning, program development, personnel, information services, dispute resolution, travel, workplace safety, the acceptance of gifts or donations, the management of records and any other subject for which a uniform departmental policy is necessary to ensure the efficient operation of the department.

      (b) Provide coordination among the divisions and other entities within the department, in a manner which does not encroach upon their statutory powers and duties, as they adopt and enforce regulations, execute agreements, purchase goods, services or equipment, prepare legislative requests and lease or utilize office space.

      (c) Define the responsibilities of any person designated to carry out the duties of the director relating to financing, industrial development or business support services.

      4.  May, within the limits of the financial resources made available to him, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to chapter 82 of NRS, which he determines is necessary or convenient for the exercise of the powers and duties of the department. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the department.

      [4.] 5.  For any bonds which he is otherwise authorized to issue, may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax.

      [5.] 6.  May, except as otherwise provided by specific statute, adopt by regulation a schedule of fees and deposits to be charged in connection with the programs administered by him pursuant to chapters 348A and 349 of NRS. Except as so provided, the amount of any such fee or deposit must not exceed 2 percent of the principal amount of the financing.


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

ê1995 Statutes of Nevada, Page 2248 (Chapter 606, AB 581)ê

 

      [6.] 7.  May designate any person within the department to perform any of the duties or responsibilities, or exercise any of the authority, of the director on his behalf.

      8.  May negotiate and execute agreements with public or private entities which are necessary to the exercise of the powers and duties of the director or the department.

      9.  May establish a trust account in the state treasury for the purpose of depositing and accounting for money that is held in escrow or is on deposit with the department for the payment of any direct expenses incurred by the director in connection with any bond programs administered by the director. The interest and income earned on money in the trust account, less any amount deducted to pay for applicable charges, must be credited to the trust account. Any balance remaining in the account at the end of a fiscal year may be:

      (a) Carried forward to the next fiscal year for use in covering the expense for which it was originally received, or

      (b) Returned to any person entitled thereto in accordance with agreements or regulations of the director pertaining to such bond programs.

      Sec. 9.  NRS 439B.260 is hereby amended to read as follows:

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

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

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

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

      2.  A major hospital or patient who disputes the reasonableness of arrangements made pursuant to paragraph (c) of subsection 1 may submit the dispute to the office for hospital patients for resolution as provided in [NRS 679B.500.] section 5 of this act.

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

      Sec. 10.  NRS 679B.500 is hereby repealed.

      Sec. 11.  1.  This section and sections 1 to 6, inclusive, 8, 9 and 10 of this act become effective on July 1, 1995.

      2.  Section 7 of this act becomes effective at 12:01 a.m. on July 1, 1995.

 

________


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

ê1995 Statutes of Nevada, Page 2249ê

 

CHAPTER 607, AB 585

Assembly Bill No. 585–Committee on Judiciary

CHAPTER 607

AN ACT relating to older persons; revising the circumstances under which a report of the suspected abuse, neglect or exploitation of an older person must be made; revising the definition of exploitation; expanding the list of persons and agencies to which such reports may be disclosed; permitting the attendance of a person to support a prosecuting witness at the preliminary hearing and trial in a case involving the abuse, neglect or exploitation of an older person; authorizing the welfare division of the department of human resources and a county’s office for protective services to petition for the removal of a guardian of an older person or for the modification or termination of that guardianship under certain circumstances; revising certain penalties related to the abuse, neglect or exploitation of older persons; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  The provisions of NRS 200.5091 to 200.5099, inclusive, do not prohibit an agency which is investigating a report of abuse, neglect or exploitation, or which provides protective services, from disclosing data or information concerning the reports and investigations of the abuse, neglect or exploitation of an older person to other federal, state or local agencies or the legal representatives of the older person on whose behalf the investigation is being conducted if:

      1.  The agency making the disclosure determines that the disclosure is in the best interest of the older person; and

      2.  Proper safeguards are taken to ensure the confidentiality of the information.

      Sec. 3.  1.  Notwithstanding any other statute to the contrary, the local office of the welfare division of the department of human resources and a county’s office for protective services, if one exists in the county where a violation is alleged to have occurred, may for the purpose of investigating an alleged violation of NRS 200.5091 to 200.5099, inclusive, inspect all records pertaining to the older person on whose behalf the investigation is being conducted, including, but not limited to, that person’s medical and financial records.

      2.  Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person, the welfare division or the county’s office for protective services shall obtain the consent of the older person before inspecting those records. If the welfare division or the county’s office for protective services determines that the older person is unable to consent to the inspection, the inspection may be conducted without his consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person, the welfare division or the county’s office for protective services shall obtain the consent of the guardian before inspecting those records. If the welfare division or the county’s office for protective services has reason to believe that the guardian is abusing, neglecting or exploiting the older person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.


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

ê1995 Statutes of Nevada, Page 2250 (Chapter 607, AB 585)ê

 

the older person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.

      Sec. 4.  The local office of the welfare division or the county’s office for protective services may petition a court in accordance with NRS 159.185 or 159.1905 for the removal of the guardian of an older person, or the termination or modification of that guardianship, if, based on its investigation, the welfare division or the county’s office of protective services has reason to believe that the guardian is abusing, neglecting or exploiting the older person in violation of NRS 200.5095 to 200.5099, inclusive.

      Sec. 5.  NRS 200.5092 is hereby amended to read as follows:

      200.5092  As used in NRS 200.5091 to 200.5099, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires:

      1.  “Abuse” means willful and unjustified:

      (a) Infliction of pain, injury or mental anguish; or

      (b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person.

      2.  “Exploitation” means [wrongful use of an older person or his money or property to the advantage of another.] any act taken by a person who has the trust and confidence of an older person or any use of the power of attorney or guardianship of an older person to obtain control, through deception, intimidation or undue influence, over the older person’s money, assets or property with the intention of permanently depriving the older person of the ownership, use, benefit or possession of his money, assets or property. As used in this subsection, “undue influence” does not include the normal influence that one member of a family has over another.

      3.  “Neglect” means the failure of:

      (a) A person who has assumed legal responsibility or a contractual obligation for caring for an older person or who has voluntarily assumed responsibility for his care to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person; or

      (b) An older person to provide for his own needs because of inability to do so.

      4.  “Older person” means a person who is 60 years of age or older.

      5.  “Protective services” means services the purpose of which is to prevent and remedy the abuse, exploitation and neglect of older persons. The services may include investigation, evaluation, counseling, arrangement and referral for other services and assistance.

      Sec. 6.  NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  [If any of the persons listed in subsection 2 suspects an instance of abuse, neglect or exploitation of an older person, he shall] Any person required to make a report pursuant to this section shall make the report immediately, but in no event later than 24 hours after there is reason to believe that an older person has been abused, neglected or exploited . [, report his suspicion] The report must be made to:

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

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


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

ê1995 Statutes of Nevada, Page 2251 (Chapter 607, AB 585)ê

 

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

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

      2.  Reports must be made by [:] the following persons who, in their professional or occupational capacities, know or have reason to believe that an older person is being or has been abused, neglected or exploited:

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

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

      (c) A coroner.

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

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

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

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

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

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

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

      (k) Every social worker.

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

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


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

ê1995 Statutes of Nevada, Page 2252 (Chapter 607, AB 585)ê

 

      [5.] 4.  Any person required to make a report pursuant to this section who has reasonable cause to believe that an older person has died as a result of abuse or neglect shall report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the aging services division of the department of human resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      5.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the aging services division of the department of human resources, must be forwarded to the aging services division within 90 days after the completion of the report.

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

      Sec. 7.  NRS 200.5095 is hereby amended to read as follows:

      200.5095  1.  Reports made pursuant to NRS 200.5093 and 200.5094 , and records and investigations relating to those reports, are confidential.

      2.  Any person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect or exploitation of older persons, except:

      (a) Pursuant to a criminal prosecution ; [under the provisions of NRS 200.5092 to 200.5099, inclusive; and]

      (b) Pursuant to section 2 of this act; or

      (c) To persons or agencies enumerated in subsection 3 of this section,

is guilty of a misdemeanor.

      3.  [Data] Except as otherwise provided in subsection 2 and section 2 of this act, data or information concerning the reports and investigations of the abuse, neglect or exploitation of an older person is available only to:

      (a) A physician who [has in his care] is providing care to an older person who [he reasonably believes] may have been abused, neglected or exploited;

      (b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person;

      (c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect or exploitation of the older person;

      (d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;

      (e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;

      (f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;

      (g) Any comparable authorized person or agency in another jurisdiction;


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

ê1995 Statutes of Nevada, Page 2253 (Chapter 607, AB 585)ê

 

      (h) A legal guardian of the older person, if the identity of the person who was responsible for reporting the alleged abuse, neglect or exploitation to the public agency is protected, and the legal guardian of the older person is not the person suspected of the abuse, neglect or exploitation; [or]

      (i) If the older person is deceased, the executor or administrator of his estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect or exploitation to the public agency is protected, and the executor or administrator is not the person suspected of the abuse, neglect or exploitation; or

      (j) The person named in the report as allegedly being abused, neglected or exploited, if that person is not legally incompetent.

      4.  If the person who is reported to have abused, neglected or exploited an older person is the holder of a license or certificate issued pursuant to chapters 449, 630 to [640, inclusive, or chapter 641 or 641A] 641B, inclusive, or 654 of NRS, information contained in the report must be submitted to the board which issued the license.

      Sec. 8.  NRS 200.5096 is hereby amended to read as follows:

      200.5096  Immunity from civil or criminal liability extends to every person [participating] who, pursuant to NRS 200.5091 to 200.5099, inclusive, and sections 2, 3 and 4 of this act, in good faith :

      1.  Participates in making of a report [pursuant to NRS 200.5093 and 200.5094.] ;

      2.  Causes or conducts an investigation of alleged abuse, neglect or exploitation of an older person; or

      3.  Submits information contained in a report to a licensing board pursuant to subsection 4 of NRS 200.5095.

      Sec. 9.  NRS 200.5099 is hereby amended to read as follows:

      200.5099  1.  A person who knowingly and willfully violates any of the provisions of NRS [200.5092 to 200.5095, inclusive,] 200.5093 is guilty of a misdemeanor.

      2.  [An adult] Except as otherwise provided in subsection 6, any person who [willfully causes or permits] abuses an older person , causing the older person to suffer unjustifiable physical pain or mental suffering [as a result of abuse, neglect or exploitation, or who willfully causes or permits an] , 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 and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

      3.  Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person and who:

      (a) Neglects the older person, causing the older person to suffer physical pain or mental suffering;

      (b) Permits or allows the older person to suffer unjustifiable physical pain or mental suffering; or

      (c) Permits or allows the older person to be placed in a situation where the older person may suffer [unjustifiable] physical pain or mental suffering as the result of abuse [, neglect or exploitation,] or neglect, is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse [, neglect, danger or loss through exploitation.


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

ê1995 Statutes of Nevada, Page 2254 (Chapter 607, AB 585)ê

 

is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse [, neglect, danger or loss through exploitation.

      3.] or neglect.

      4.  Except as otherwise provided in subsection 5, any person who exploits an older person shall be punished, if the value of any money, assets and property obtained or used:

      (a) Is less than $250, for a misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment;

      (b) Is at least $250, but less than $5,000, 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, or by a fine of not more than $10,000, or by both fine and imprisonment; or

      (c) Is $5,000 or more, 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 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment; or

unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.

      5.  If a person exploits an older person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished for a gross misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.

      6.  A person who violates any provision of subsection 2, if substantial bodily or mental harm or death results to the older person, 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 and a maximum term of not more than [6 years.

      4.] 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

      7.  A person who violates any provision of subsection 3, if substantial bodily or mental harm or death results to the older person, shall be punished 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 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

      8.  As used in this section [, “permit”] :

      (a) “Allow” means to take no action to prevent or stop the abuse or neglect of an older person if the person knows or has reason to know that the older person is being abused or neglected.

      (b) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person.


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

ê1995 Statutes of Nevada, Page 2255 (Chapter 607, AB 585)ê

 

      Sec. 10.  NRS 178.571 is hereby amended to read as follows:

      178.571  1.  In a case involving:

      (a) A violation of NRS 200.366, 200.368 or 200.373, a battery with intent to commit a sexual assault pursuant to NRS 200.400, a violation of any provision of NRS 200.5091 to 200.5099, inclusive, a violation of NRS 201.180, 201.210, 201.220 or 201.230 or an attempt or a conspiracy to commit any of these offenses; or

      (b) An offense in which a minor is the prosecuting witness,

the prosecuting witness may designate an attendant who must be allowed to attend the preliminary hearing and the trial during the [witness’] witness’s testimony to provide support. The attendant may be designated by a party as a witness and, except as otherwise provided in this section, must not be excluded from the proceedings. If a party designates the attendant as a witness, the attendant must be examined and cross-examined before any other witness testifies.

      2.  Except as otherwise provided in this subsection [,] and subsection 3, the attendant must not be a reporter or editorial employee of any newspaper, periodical or press association or an employee of any radio or television station. The [parent, child, brother or sister of the prosecuting witness may serve as the witness’ attendant whether or not he is a person described in the preceding sentence, but no attendant may make notes during the hearing or trial.] provisions of this subsection do not apply to an attendant to a prosecuting witness in a case involving a violation of any provision of NRS 200.5091 to 200.5099, inclusive.

      3.  The parent, child, brother or sister of the prosecuting witness may serve as the witness’s attendant whether or not he is a reporter or an editorial employee of any newspaper, periodical or press association or an employee of any radio or television station, but no such attendant may make notes during the hearing or trial.

      4.  If the attendant influences or affects, or attempts to influence or affect, in any manner the testimony of the prosecuting witness during the giving of testimony, the court shall exclude that attendant and allow the witness to designate another attendant.

      [4.] 5.  The defendant may move to exclude a particular attendant for good cause, and the court shall hear the motion out of the presence of the jury, if any. If the court grants the motion, the prosecuting witness may designate another attendant.

      Sec. 11.  Section 10 of this act becomes effective at 12:01 a.m. on October 1, 1995.

 

________


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

ê1995 Statutes of Nevada, Page 2256ê

 

CHAPTER 608, AB 619

Assembly Bill No. 619–Committee on Elections and Procedures

CHAPTER 608

AN ACT relating to elections; making various changes to the provisions governing elections to comply with the National Voter Registration Act; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The legislature hereby declares that the purpose of this act is to conform the procedures for registering to vote in this state with the procedures set forth in the National Voter Registration Act [,] (Public Law No. 103-31, 107 Stat. 77 (1933)), for federal elections and to cause all future amendments to conform to that Act and all related subsequent federal laws.

      Sec. 2.  Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 7, inclusive, of this act.

      Sec. 3.  1.  The following offices shall serve as voter registration agencies:

      (a) Such offices that provide public assistance as are designated by the secretary of state;

      (b) Each office that receives money from the State of Nevada to provide services to persons in this state who are disabled;

      (c) The offices of the drivers’ license division of the department of motor vehicles and public safety;

      (d) The offices of the city and county clerks; and

      (e) Such other offices as the secretary of state deems appropriate.

      2.  Each voter registration agency shall:

      (a) Make applications to register to vote which may be returned by mail available to each person who applies for or receives services or assistance from the agency;

      (b) Provide the same amount of assistance to an applicant in completing an application to register to vote as the agency provides to a person completing any other forms for the agency; and

      (c) Accept completed applications to register to vote.

      3.  Except as otherwise provided in this subsection and NRS 293.524, any application to register to vote accepted by a voter registration agency must be transmitted to the county clerk not later than 10 days after the application is accepted. During the 2 weeks immediately preceding the close of registration for an election, the applications must be forwarded daily. The county clerk shall accept any application to register to vote which is completed by the last day to register if he receives the application not later than 5 days after the close of registration.

      4.  The secretary of state shall cooperate with the Secretary of Defense to develop and carry out procedures to enable persons in this state to apply to register to vote at recruitment offices of the United States Armed Forces.

      Sec. 4.  1.  A person who works in a voter registration agency shall not:

      (a) Seek to influence an applicant’s political preference or party registration;


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

ê1995 Statutes of Nevada, Page 2257 (Chapter 608, AB 619)ê

 

      (b) Display a political preference or party allegiance in a place where it can be seen by an applicant;

      (c) Make any statement or take any action to discourage an applicant from registering to vote; or

      (d) Make any statement or take any action which would lead the applicant to believe that a decision to register to vote has any effect on the availability of any services or benefits provided by the state or Federal Government.

      2.  A person who violates any of the provisions of this section is guilty of a felony.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6.  In addition to the methods described in NRS 293.530, the county clerk in each county may enter into an agreement with the United States Postal Service or any person authorized by it to obtain the data compiled by the United States Postal Service concerning changes of addresses of its postal patrons for use by the county clerk to correct voter registration lists.

      Sec. 7.  If a county clerk enters into an agreement pursuant to section 6 of this act, he shall review each notice of a change of address filed with the United States Postal Service by a resident of the county and identify each resident who is a registered voter and has moved to a new address. Before removing or correcting information in the official registration list, the county clerk shall mail a notice to each such registered voter and follow the procedures set forth in NRS 293.530.

      Sec. 8.  NRS 293.053 is hereby amended to read as follows:

      293.053  “Election board register” means the record of [affidavits of registration] registered voters provided to election boards.

      Sec. 9.  NRS 293.0925 is hereby amended to read as follows:

      293.0925  “Registrar of voters’ register” means the record of [affidavits of registration] registered voters kept by the county clerk.

      Sec. 10.  NRS 293.124 is hereby amended to read as follows:

      293.124  1.  The secretary of state shall serve as the chief officer of elections for this state. [The] As chief officer, the secretary of state [shall be] is responsible for the execution and enforcement of the provisions of Title 24 of NRS and all other provisions of state and federal law relating to elections in this state.

      2.  The secretary of state shall adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 11.  NRS 293.1277 is hereby amended to read as follows:

      293.1277  1.  If the secretary of state finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, he shall immediately so notify the county clerks. Within 7 days excluding Saturdays, Sundays and holidays after notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in his county.

      2.  If more than 500 names have been signed on the documents submitted to him, a county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample.


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

ê1995 Statutes of Nevada, Page 2258 (Chapter 608, AB 619)ê

 

The sample must include an examination of at least 500 or 5 percent of the signatures, whichever is greater.

      3.  In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of [affidavits of registered voters or facsimiles of the voters’ signatures.] applications to register to vote. If the county clerk uses that file, he [must] shall ensure that every [affidavit] application in the file is examined, including any [affidavits] application in his possession which may not yet be entered into his records. The county clerk [may] shall rely only on the appearance of the signature and the address and date included with each signature in making his determination.

      4.  Except as otherwise provided in subsection 6, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of his examination and transmit the documents with the certificate to the secretary of state. A copy of this certificate must be filed in the clerk’s office.

      5.  A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.172, 293.200, 295.056, 298.109 or 306.035 must be allowed to witness the verification of the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.

      6.  For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.200 or 306.035 for any county, district or municipal office within one county, the county clerk shall not transmit to the secretary of state the documents containing the signatures of the registered voters.

      7.  The secretary of state may by regulation establish further procedures for carrying out the provisions of this section.

      Sec. 12.  NRS 293.128 is hereby amended to read as follows:

      293.128  1.  To qualify as a major political party any organization must, under a common name:

      (a) On January 1 preceding any primary election, have been designated as a political party on the [affidavits of registration] applications to register to vote of at least 10 percent of the total number of registered voters in the state; or

      (b) File a petition with the secretary of state not later than the last Friday in April before any primary election signed by a number of registered voters equal to or more than 10 percent of the total number of votes cast at the last preceding general election for Representative in Congress.

      2.  If a petition is filed pursuant to paragraph (b) of subsection 1, the names of the voters need not all be on one document, but each document of the petition must be verified by at least one of its signers to the effect that the signers are registered voters of the state according to his best information and belief and that the signatures are genuine and were signed in his presence. Each document of the petition must bear the name of a county and only registered voters of that county may sign the document. The documents which are circulated for signature must then be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later than 65 days before the last Friday in April preceding a primary election.


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

ê1995 Statutes of Nevada, Page 2259 (Chapter 608, AB 619)ê

 

      3.  In addition to the requirements set forth in subsection 1, each organization which wishes to qualify as a political party must file with the secretary of state a certificate of existence which includes the:

      (a) Name of the political party;

      (b) Names and addresses of its officers;

      (c) Names of the members of its executive committee; and

      (d) Name of the person who is authorized by the party to act as resident agent in this state.

      4.  A political party shall file with the secretary of state an amended certificate of existence within 5 days after any change in the information contained in the certificate.

      Sec. 13.  NRS 293.1715 is hereby amended to read as follows:

      293.1715  1.  The names of the candidates of a minor political party must not appear on the ballot for a primary election.

      2.  The names of the candidates of a minor political party must be placed on the ballot for the general election if the party has filed a certificate of existence and a list of its candidates pursuant to the provisions of NRS 293.1725 with the secretary of state and:

      (a) At the last preceding general election, the minor political party polled for any of its candidates a number of votes equal to or more than 1 percent of the total number of votes cast for the offices of Representative in Congress;

      (b) On January 1 preceding a primary election, the minor political party has been designated as [a] the political party on the [affidavits of registration] applications to register to vote of at least 1 percent of the total number of registered voters in the state; or

      (c) Not later than the second Friday in August preceding the general election, files a petition with the secretary of state which is signed by a number of registered voters equal to at least 1 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.

      3.  The name of only one candidate of each minor political party for each office may appear on the ballot for a general election.

      4.  A minor political party must file a copy of the petition required by paragraph (c) of subsection 2 with the secretary of state before the petition may be circulated for signatures.

      Sec. 14.  NRS 293.176 is hereby amended to read as follows:

      293.176  1.  Except as otherwise provided in subsection 2, no person may be a candidate for a party nomination in any election if he has changed:

      (a) The designation of his political party affiliation; or

      (b) His designation of political party from nonpartisan to a designation of a political party affiliation,

on an [official affidavit of registration] application to register to vote in the State of Nevada or in any other state since the September 1 next preceding the closing filing date for the election, whether or not his previous registration was still effective at the time of the change in party designation.

      2.  The provisions of subsection 1 do not apply to any person who is a candidate for a party nomination of a political party which was not qualified as such on the September 1 next preceding the closing filing date for the election.


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

ê1995 Statutes of Nevada, Page 2260 (Chapter 608, AB 619)ê

 

      Sec. 15.  NRS 293.177 is hereby amended to read as follows:

      293.177  1.  Except as otherwise provided in NRS 293.165, [no] a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not earlier than the first Tuesday in March of the year in which the election is to be held nor later than 5 p.m. on the first Tuesday in June.

      2.  A declaration of candidacy or an acceptance of a candidacy required to be filed by this section must be in substantially the following form:

      (a) For partisan office:

 

Declaration of Candidacy of ........ for the

Office of …………….

 

State of Nevada                              }

                                                                    } ss.

County of............................................ }

 

For the purpose of having my name placed on the official ballot as a candidate for the ……………. Party nomination for the office of ……………., I, the undersigned ……………., do swear or affirm that I reside at No. …….., …….. Street, in the City or Town of ……………., County of ……………., State of Nevada; that my actual residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that I am registered as a member of the ……………. Party; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official [affidavit of registration] application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ……………. Party at the ensuing election I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto; and that I understand that my name will appear on all ballots as designated in this declaration.

 

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

                                                                                (Designation of name)

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

                                                                    (Signature of candidate for office)

 

Subscribed and sworn to before

me this ….. day of …….., 19…

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

      Notary Public or other person

authorized to administer an oath


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

ê1995 Statutes of Nevada, Page 2261 (Chapter 608, AB 619)ê

 

      (b) For nonpartisan office:

 

Declaration of Candidacy of ........ for the

Office of …………….

 

State of Nevada                              }

                                                                    } ss.

County of............................................ }

 

For the purpose of having my name placed on the official ballot as a candidate for the office of ……………., I, the undersigned ……………., do swear or affirm that I reside at No. …….., …….. Street, in the City or Town of ……………., County of ……………., State of Nevada; that my actual residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that if nominated as a nonpartisan candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; and that I will qualify for the office if elected thereto; and my name will appear on all ballots as designated in this declaration.

 

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

                                                                                (Designation of name)

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

                                                                    (Signature of candidate for office)

 

Subscribed and sworn to before

me this ….. day of …….., 19…

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

      Notary Public or other person

authorized to administer an oath

 

      3.  A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate’s name. The nickname must be in quotation marks and appear immediately before the candidate’s surname. A nickname must not indicate any political, economical, social or religious view or affiliation and must not be the name of the person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.

      4.  An affidavit of candidacy must be in substantially the same form as the form set forth in paragraph (b) of subsection 2.

      5.  The address of a candidate which must be included in the declaration of candidacy or acceptance of a candidacy pursuant to subsection 2 must be the street address of the residence where he actually resides, if one has been assigned. The declaration or acceptance must not be accepted for filing if the candidate’s address is listed as a post office box unless a street address has not been assigned to his residence.


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

ê1995 Statutes of Nevada, Page 2262 (Chapter 608, AB 619)ê

 

candidate’s address is listed as a post office box unless a street address has not been assigned to his residence.

      Sec. 16.  NRS 293.247 is hereby amended to read as follows:

      293.247  1.  The secretary of state shall adopt regulations, not inconsistent with the election laws of this state, for the conduct of primary, general, special and district elections in all cities and counties. The secretary of state shall prescribe the forms for a declaration of candidacy, certificate of candidacy, acceptance of candidacy, affidavit of candidacy and any petition which is filed pursuant to the general election laws of this state.

      2.  The regulations must prescribe:

      (a) The duties of election boards;

      (b) The type and amount of election supplies;

      (c) The manner of printing ballots and the number of ballots to be distributed to precincts and districts;

      (d) The method to be used in distributing ballots to precincts and districts;

      (e) The method of inspection and the disposition of ballot boxes;

      (f) The form and placement of instructions to voters;

      (g) The recess periods for election boards;

      (h) The size, lighting and placement of voting booths;

      (i) The amount and placement of guardrails and other furniture and equipment at voting places;

      (j) The disposition of election returns;

      (k) The procedures to be used for canvasses, ties, recounts and contests;

      (l) The procedures to be used to ensure the security of the ballots from the time they are transferred from the polling place until they are stored pursuant to the provisions of NRS 293.391;

      (m) The procedures to be used to ensure the security and accuracy of computer programs and tapes used for elections;

      (n) The procedures to be used for the disposition of absent ballots in case of an emergency; [and]

      (o) The forms for applications to register to vote and any other forms necessary for the administration of this title; and

      (p) Such other matters as determined necessary by the secretary of state.

      3.  The secretary of state may provide interpretations and take other actions necessary for the effective administration of the statutes and regulations governing the conduct of primary, general, special and district elections in this state.

      4.  The secretary of state shall prepare and distribute to each county and city clerk copies of:

      (a) Laws and regulations concerning elections in this state;

      (b) Interpretations issued by the secretary of state’s office; and

      (c) Any attorney general’s opinions or any state or federal court decisions which affect state election laws or regulations whenever any of those opinions or decisions become known to the secretary of state.

      Sec. 17.  NRS 293.250 is hereby amended to read as follows:

      293.250  1.  The secretary of state shall, in a manner consistent with the election laws of this state, prescribe:


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

ê1995 Statutes of Nevada, Page 2263 (Chapter 608, AB 619)ê

 

      (a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, [affidavits of registration,] applications to register to vote, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.

      (b) The procedure to be followed when a computer is used to register voters and to keep records of registration.

      2.  He shall prescribe with respect to the matter to be printed on every kind of ballot:

      (a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the state.

      (b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his county.

      3.  He shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter’s choice.

      4.  The fiscal note for and explanation of each proposed constitutional amendment or statewide measure, including arguments for and against it, must be included on all sample ballots.

      5.  The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the attorney general. They must be in easily understood language and of reasonable length, and whenever feasible must be completed by April 1 of the year in which the general election is to be held.

      6.  The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.

      7.  County and city clerks may divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.

      Sec. 18.  NRS 293.251 is hereby amended to read as follows:

      293.251  If an election board register is kept by computer, the register must include all the information contained in the original [affidavits of registration.] applications to register to vote.

      Sec. 19.  NRS 293.277 is hereby amended to read as follows:

      293.277  1.  [No person may vote at any election unless his name, on the day of election, appears on the election board register furnished by the county clerk to the precinct or district election board, or unless he presents a certificate of error issued by the county clerk.

      2.] If a person’s name appears in the election board register or [on a certificate of error,] if he provides an affirmation pursuant to NRS 293.525, he is entitled to vote, and he shall sign his name in the election board register when he applies to vote. His signature must be compared by an election board officer with the signature or a facsimile thereof on his original [affidavit of registration, the certificate of error] application to register to vote or one of the forms of identification listed in subsection [3.

      3.] 2.


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

ê1995 Statutes of Nevada, Page 2264 (Chapter 608, AB 619)ê

 

      2.  The forms of identification which may be used individually to identify a voter at the polling place are:

      (a) The card issued to the voter at the time [of his registration;] he registered to vote;

      (b) A driver’s license;

      (c) An identification card issued by the department of motor vehicles and public safety;

      (d) A military identification card; or

      (e) Any other form of identification issued by a governmental agency which contains the voter’s signature and physical description or picture.

      Sec. 20.  NRS 293.283 is hereby amended to read as follows:

      293.283  Any registered voter who is unable to sign his name must be identified by answering questions covering the personal data which is reported on the original [affidavit of registration or shown on the computer listing of the affidavit of registration.] application to register to vote. The officer in charge of the roster shall stamp, write or print “Indentified as” to the left of the voter’s name.

      Sec. 21.  NRS 293.287 is hereby amended to read as follows:

      293.287  1.  A registered voter applying to vote at any primary election shall give his name and political affiliation, if any, to the election board officer in charge of the election board register, and the officer shall immediately announce the name and political affiliation.

      2.  Any person’s right to vote may be challenged by any registered voter upon:

      (a) Any of the grounds allowed for a challenge in NRS 293.303;

      (b) The ground that the person applying does not belong to the political party designated upon the register; or

      (c) The ground that the register does not show that he designated the political party to which he claims to belong.

      3.  Any such challenge must be disposed of in the manner provided by NRS 293.303.

      4.  A registered voter who has designated on his [affidavit of registration] application to register to vote an affiliation with a minor political party may vote a nonpartisan ballot at the primary election.

      Sec. 22.  NRS 293.303 is hereby amended to read as follows:

      293.303  1.  A person applying to vote may be challenged:

      (a) Orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed [,] or has voted before [on the same day, or on any other ground provided for in this Title;] at the same election; or

      (b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.

      2.  If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:

      (a) If the challenge is on the ground that he does not belong to the political party designated upon the register, “I swear or affirm that I belong to the political party designated upon the register”;

      (b) If the challenge is on the ground that the register does not show that he designated the political party to which he claims to belong, “I swear or affirm that I designated on the [affidavit of registration] application to register to vote the political party to which I claim to belong”;

 


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

ê1995 Statutes of Nevada, Page 2265 (Chapter 608, AB 619)ê

 

that I designated on the [affidavit of registration] application to register to vote the political party to which I claim to belong”;

      (c) If the challenge is on the ground that he does not reside at the residence whose address is listed in the election board register, “I swear or affirm that I reside at the residence whose address is listed in the election board register” ; [or “I swear or affirm that I reside in this precinct”;]

      (d) If the challenge is on the ground that he previously voted a ballot for the election, “I swear or affirm that I have not voted for any of the candidates or questions included on this ballot for this election”; or

      (e) If the challenge is on the ground that he is not the person he claims to be, “I swear or affirm that I am the person whose name is in this election board register.”

The oath or affirmation must be set forth on a form prepared by the secretary of state and signed by the challenged person under penalty of perjury.

      3.  Except as otherwise provided in subsection 4, if the challenged person refuses to execute the oath or affirmation so tendered, he must not be issued a ballot, and the officer in charge of the election board register shall write the words “Challenged ................” opposite his name in the election board register.

      4.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) or (b) of subsection 2, the election board officers shall issue him a nonpartisan ballot.

      5.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (c) of subsection 2, the election board officers shall inform him that he is entitled to vote only in the manner prescribed in NRS 293.304.

      6.  If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (e) of subsection 2, the election board officers shall issue him a partisan ballot.

      7.  If the challenge is based on the ground set forth in paragraph (c) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he furnishes satisfactory identification which contains proof of the address at which he actually resides.

      8.  If the challenge is based on the ground set forth in paragraph (e) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless he:

      (a) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; or

      (b) Brings before the election board officers a person who is at least 18 years old who:

             (1) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; and

             (2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he swears he is.

      9.  The election board officers shall record the result of the challenge on the challenge list, and the election board officer in charge of the checklist shall indicate next to the name of the challenged person the result of the challenge.


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

ê1995 Statutes of Nevada, Page 2266 (Chapter 608, AB 619)ê

 

      Sec. 23.  NRS 293.304 is hereby amended to read as follows:

      293.304  1.  If a person is successfully challenged on the ground set forth in paragraph (c) of subsection 2 of NRS 293.303 [,] or if a person refuses to provide an affirmation pursuant to NRS 293.525, the election board shall [issue a prepared envelope to the person in a form provided by the secretary of state which contains on the outside of the envelope:

      (a) The name of the voter;

      (b) The address which appears on the record of voter registration;

      (c) The address at which the voter actually resides;

      (d) The signatures of the members of the election board who issued the prepared envelope; and

      (e) Other information which the secretary of state deems necessary to carry out the provisions of this section.

      2.  The election board officers shall issue to the challenged voter a ballot to vote. The ballot must be voted at that polling place. The voted ballot must be placed in an envelope and that envelope must be placed and sealed in the prepared envelope issued pursuant to subsection 1. The ballot] instruct the voter that he may vote only at the special polling place in the manner set forth in this section.

      2.  The county clerk of each county shall maintain a special polling place in his office and at such other locations as he deems necessary during each election. The ballots voted at the special polling place must be kept separate from the ballots of voters who have not been so challenged or who have provided an affirmation pursuant to NRS 293.525 in a special ballot box for such ballots.

      3.  [The votes contained on ballots that have been placed in the special ballot box must be counted] A person who votes at a special polling place may place his vote only for the following offices and questions : [in the same manner as the ballots of voters who have not been challenged on the ground set forth in paragraph (c) of subsection 2 of NRS 293.303:]

      (a) President and Vice President of the United States;

      (b) United States Senator;

      (c) All state officers for whom all voters in the state may vote;

      (d) All officers for whom all voters in the county may vote; and

      (e) Questions which have been submitted to all voters of the county or state.

[The remaining votes on the ballot must not be counted until the county clerk determines that the address at which the voter actually resides, as indicated on the outside of the prepared envelope, is the address listed for the voter in the election board register. Such a determination must be made within 3 days after the election.

      4.  The secretary of state shall provide by regulation for:

      (a) The form of prepared envelopes; and

      (b) The counting and security of ballots voted pursuant to this section.]

      4.  The ballots voted at the special polling place must be:

      (a) Counted when other ballots are counted.

      (b) Maintained in a separate ballot box until any contest of election is resolved or the date for filing a contest of election has passed, whichever is later.


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

ê1995 Statutes of Nevada, Page 2267 (Chapter 608, AB 619)ê

 

      Sec. 24.  NRS 293.320 is hereby amended to read as follows:

      293.320  1.  The county or city clerk shall determine before issuing an absent ballot that the person making application is a registered voter in the proper county or city.

      2.  Armed Forces personnel who are not registered to vote and are applying for absent ballots must complete:

      (a) The [form of affidavit] application to register to vote required by NRS 293.517 for registration; or

      (b) The form provided by the Federal Government for registration and request of an absent ballot,

before receiving an absent ballot.

      Sec. 25.  NRS 293.333 is hereby amended to read as follows:

      293.333  1.  On the day of an election, the precinct or district election boards receiving the absent voters’ ballots from the county or city clerk shall, in the presence of a majority of the election board officers, deposit the ballots in the ballot box in the following manner:

      (a) The name of the voter, as shown on the return envelope, must be called and checked as if the voter were voting in person; and

      (b) The signature on the back of the return envelope must be compared with that on the original [affidavit of registration.] application to register to vote.

      2.  If the board determines that the absent voter is entitled to cast his ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip or stub detached from the ballot, and, if the numbers are the same, the ballot deposited in the regular ballot box.

      3.  The election board officers shall mark in the pollbook opposite the name of the voter the word “Voted.”

      Sec. 26.  NRS 293.337 is hereby amended to read as follows:

      293.337  The provisions of this chapter do not prohibit any registered voter who has applied for, but not received, an absent ballot from communicating that fact to the county or city clerk, receiving a certificate [of error] so stating and voting in person on election day [.] in the manner provided by NRS 293.277.

      Sec. 27.  NRS 293.3585 is hereby amended to read as follows:

      293.3585  1.  Upon the appearance of a person to cast a ballot for early voting, the deputy clerk for early voting shall:

      (a) Determine that the person is a registered voter in the county;

      (b) Instruct the voter to sign the roster for early voting; and

      (c) Verify the signature of the voter against that contained on the original [affidavit of registration, or] application to register to vote or facsimile thereof, the card issued to the voter at the time of registration [,] or some other piece of official identification.

      2.  The county clerk shall prescribe a procedure, approved by the secretary of state, to determine that the voter has not already voted pursuant to this section.

      3.  The roster for early voting must contain:

      (a) The voter’s name, the address where he is registered to vote, his voter identification number and a place for the voter’s signature;

      (b) The voter’s precinct number; and


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

ê1995 Statutes of Nevada, Page 2268 (Chapter 608, AB 619)ê

 

      (c) The date of voting early in person.

      4.  When a voter is [found to be] entitled to cast his ballot and has identified himself to the satisfaction of the deputy clerk for early voting, he is entitled to receive the appropriate ballot or ballots, but only for his own use at the polling place for early voting.

      5.  The deputy clerk for early voting shall:

      (a) Mark the voter’s precinct on the bottom left-hand side of the card and the form of ballot on the bottom right-hand side of the card;

      (b) Direct the voter to the appropriate voting machine for his form of ballot; and

      (c) Allow the voter to place his voted ballot in the ballot box.

      6.  A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293.303.

      Sec. 28.  NRS 293.440 is hereby amended to read as follows:

      293.440  1.  Any person who desires a copy of any list of the registered voters in any precinct, district or county and who provides an assurance that the list will be used only for purposes relating to elections, may obtain a copy by applying at the office of the county clerk and paying therefor a sum of money equal to one cent per name on the list, except that one copy of each original and supplemental list for each precinct, district or county must be provided to the state and county central committee of any major political party, upon request, without charge.

      2.  The copy of the list provided pursuant to this section must indicate each voter’s address, date of birth, telephone number and the serial number of his [affidavit of registration.] application to register to vote. If the county maintains this information in a computer data base, the date of the most recent addition or revision to an entry, if made on or after July 1, 1989, must be included in the data base and on any resulting list of the information. The date must be expressed numerically in the order of month, day and year.

      3.  A county may not pay more than 10 cents per folio or more than $6 per thousand copies for printed lists for a precinct or district.

      4.  A county which has a system of computers capable of recording information on magnetic tape or diskette shall, upon request of the state or county central committee of any major political party or minor political party which has filed a certificate of existence with the secretary of state, record for that central committee on magnetic tape or diskette supplied by it:

      (a) The list of registered voters and the information required in subsection 2; and

      (b) Not more than four times per year, as requested by the committee:

             (1) A complete list of the registered voters with a notation for the most recent entry of the date on which the entry or the latest change in the information was made; or

             (2) A list that includes additions and revisions made to the list of registered voters after a date specified by the central committee.

      5.  If a political party does not provide its own magnetic tape or diskette, or if a political party requests the list in any other form that does not require printing, the county clerk may charge a fee to cover the actual cost of providing the tape, diskette or list.


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

ê1995 Statutes of Nevada, Page 2269 (Chapter 608, AB 619)ê

 

      Sec. 29.  NRS 293.501 is hereby amended to read as follows:

      293.501  Notwithstanding any other provisions of this Title:

      1.  Any elector of this state who resides outside this state may use the form provided by the Federal Government pursuant to the provisions of the Uniformed and Overseas Citizens Absentee Voting Act of 1986, 42 U.S.C. § 1973, to register to vote in this state.

      2.  The county clerk shall not register a voter who submits the form from any location within this state.

      3.  If an elector registers to vote pursuant to the provisions of subsection 1, he shall be deemed to be registered [upon receipt of] as of the date that the form [by the county clerk.] or the envelope containing the form is postmarked.

      Sec. 30.  NRS 293.503 is hereby amended to read as follows:

      293.503  1.  The county clerk of each county where a registrar of voters has not been appointed pursuant to NRS 244.164 [shall:

      (a) Be] :

      (a) Is ex officio county registrar and registrar for all precincts within the county.

      (b) [Have] Shall have the custody of all books, documents and papers pertaining to registration provided for in this chapter.

      2.  All books, documents and papers pertaining to registration are official records of the office of the county clerk.

      3.  The county clerk shall maintain records of any program or activity that is conducted within the county to ensure the accuracy and currency of the registrar of voters’ register for not less than 2 years after creation. The records must include the names and addresses of any person to whom a notice is mailed pursuant to NRS 293.5235, 293.530, 293.531 or 293.535 and whether the person responded to the notice.

      4.  Any program or activity that is conducted within the county for the purpose of removing the name of each person who is ineligible to vote in the county from the registrar of voters’ register must be complete not later than 90 days before the next primary or general election.

      5.  Except as otherwise provided by subsection 6, all records maintained by the county clerk pursuant to subsection 3 must be available for public inspection.

      6.  Any information relating to where a person registers to vote must remain confidential and is not available for public inspection. Such information may only be used by an election officer for purposes related to voter registration.

      Sec. 31.  NRS 293.505 is hereby amended to read as follows:

      293.505  1.  All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.

      2.  The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.


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

ê1995 Statutes of Nevada, Page 2270 (Chapter 608, AB 619)ê

 

      3.  A field registrar shall demand of any person who applies for registration all information required by the [affidavit of registration,] application to register to vote and shall administer all oaths required by this chapter.

      4.  When a field registrar has in his possession five or more completed [affidavits of registration,] applications to register to vote he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.

      5.  Immediately after the close of registration, each field registrar shall forward to the county clerk all completed [affidavits] applications in his possession. Within 5 days after the close of registration for a general election or general city election, a field registrar shall return all unused [affidavits] applications in his possession to the county clerk. If all of the unused [affidavits] applications are not returned to the county clerk, the field registrar shall account for the unreturned [affidavits.] applications.

      6.  Each field registrar shall submit to the county clerk a list of the serial numbers of the completed [affidavits of registration] applications to register to vote and the names of the electors on those [affidavits.] applications. The serial numbers must be listed in numerical order.

      7.  Each field registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.

      8.  A field registrar shall not:

      (a) Delegate any of his duties to another person; or

      (b) Refuse to register a person on account of that person’s political party affiliation.

      9.  A person shall not hold himself out to be or attempt to exercise the duties of a field registrar unless he has been so appointed.

      10.  A county clerk or field registrar shall not:

      (a) Solicit a vote for or against a particular question or candidate;

      (b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or

      (c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,

while he is registering an elector.

      11.  When the county clerk receives [affidavits of registration] applications to register to vote from a field registrar he shall issue a receipt to the field registrar. The receipt must include:

      (a) The number of persons registered; and

      (b) The political party of the persons registered.

      12.  A county clerk or field registrar shall not:

      (a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading [affidavit of registration;] application to register to vote;

      (b) Alter or deface an [affidavit of registration] application to register to vote that has been signed by an elector except to correct information contained in the [affidavit] application after receiving notice from the elector that a change in or addition to the information is required; or

      (c) Register a person who fails to provide satisfactory proof of identification and the address at which he actually resides.


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

ê1995 Statutes of Nevada, Page 2271 (Chapter 608, AB 619)ê

 

      13.  If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.

      14.  A person who violates any of the provisions of subsections 8 to 12, inclusive, is guilty of a felony.

      Sec. 32.  NRS 293.507 is hereby amended to read as follows:

      293.507  1.  The secretary of state shall prescribe:

      (a) A standard form for [affidavits of registration;] application to register to vote; and

      (b) A special form for registration to be used in a county where registrations are performed and records of registration are kept by computer.

      2.  The county clerks shall provide forms for [affidavits of registration] applications to register to vote to field registrars in the form and number prescribed by the secretary of state.

      3.  A form for an [affidavit of registration] applications to register to vote must include a duplicate copy marked as the receipt to be retained by the [affiant] applicant upon completion of the form.

      4.  The form for an [affidavit of registration] applications to register to vote must include:

      (a) A line on which to enter the number on the voter’s social security card, driver’s license or identification card issued by the department of motor vehicles and public safety.

      (b) A line on which to enter the address at which the voter actually resides. The [affidavit] application must not be accepted if the address is listed as a post office box unless a street address has not been assigned to his residence.

      (c) A notice that the voter may not list his address as a business unless he actually resides there.

      Sec. 33.  NRS 293.510 is hereby amended to read as follows:

      293.510  1.  In counties where computers are not used to register voters, the county clerk shall:

      (a) Segregate original [affidavits of registration] applications to register to vote according to the precinct in which the registered voters reside and arrange the [affidavits] applications in each precinct or district in alphabetical order. The [affidavits] applications for each precinct or district must be kept in a separate binder which is marked with the number of the precinct or district. This binder constitutes the election board register.

      (b) Arrange the duplicate [affidavits] applications of registration in alphabetical order for the entire county and keep them in binders or a suitable file which constitutes the registrar of voters’ register.

      2.  In any county where a computer is used to register voters, the county clerk shall:

      (a) Arrange the original [affidavits of registration] applications to register to vote in alphabetical order for the entire county and keep them in binders or a suitable file which constitutes the registrar of voters’ register.

      (b) Segregate the [affidavits of registration] applications to register to vote in a computer file according to the precinct or district in which the registered voters reside, and for each precinct or district have printed a computer listing which contains the [affidavits of registration] applications to register to vote in alphabetical order. These listings of [affidavits of registration] applications to register to vote must be placed in separate binders which are marked with the number of the precinct or district.


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

ê1995 Statutes of Nevada, Page 2272 (Chapter 608, AB 619)ê

 

to register to vote must be placed in separate binders which are marked with the number of the precinct or district. These binders constitute the election board registers.

      Sec. 34.  NRS 293.513 is hereby amended to read as follows:

      293.513  If at any time the registrar of voters’ register is closed for one election, but open for some other election, any elector [shall] must be permitted to register for [such] the other election, but the county clerk shall retain [his affidavit of registration] the elector’s application to register to vote in a separate file until the registrar of voters’ register is again open for filing of [affidavits] applications at which time all [affidavits] applications in [such] the temporary file [shall] must be placed in their proper position in the registrar of voters’ register.

      Sec. 35.  NRS 293.517 is hereby amended to read as follows:

      293.517  1.  Any elector residing within the county may register:

      (a) By appearing before the county clerk , [or] field registrar [,] or a voter registration agency, completing the [affidavit of registration] application to register to vote and giving true and satisfactory answers to all questions relevant to his identity and right to vote;

      (b) By completing and mailing or personally delivering to the county clerk, an application to register to vote pursuant to the provisions of NRS 293.5235;

      (c) Pursuant to the provisions of NRS 293.501 or 293.524; or

      (d) At his residence with the assistance of a field registrar pursuant to NRS 293.5237.

The county clerk shall require a person to submit official identification as proof of residence and identity, such as a driver’s license or other official document, before registering him.

      2.  The [affidavit of registration] application to register to vote must be signed and verified under penalty of perjury by the elector registering.

      3.  Each elector who is or has been married must be registered under his own given or first name, and not under the given or first name or initials of his spouse.

      4.  [Any] An elector who is registered and changes his name [, must] shall complete a new [affidavit of registration by appearing before] application to register to vote. He may obtain a new application:

      (a) At the office of the county clerk or field registrar [,] ;

      (b) By submitting an application to register to vote pursuant to the provisions of NRS 293.5235 [or submitting] ;

      (c) By submitting a written statement to the county clerk requesting [that] the county clerk to mail an [affidavit of registration to him.] application to register to vote; or

      (d) At any voter registration agency.

If the elector fails to register under his new name, he may be challenged pursuant to the provisions of NRS 293.303 and may be required to furnish proof of identity and subsequent change of name.

      5.  An elector who registers to vote pursuant to paragraph (a) of subsection 1 [,] shall be deemed to be registered upon the completion of his [affidavit of registration.] application to register to vote.

      6.  After the county clerk determines that the [affidavit of registration] application to register to vote of a person is complete and that the person is eligible to vote, he shall issue a voter registration card to the voter which contains:

 


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

ê1995 Statutes of Nevada, Page 2273 (Chapter 608, AB 619)ê

 

eligible to vote, he shall issue a voter registration card to the voter which contains:

      (a) The name, address, political affiliation and precinct number of the voter;

      (b) The date of issuance; and

      (c) The signature of the county clerk.

      Sec. 36.  NRS 293.518 is hereby amended to read as follows:

      293.518  1.  At the time an elector registers to vote he must indicate:

      (a) His political party affiliation; or

      (b) That he is not affiliated with a political party.

      2.  If an elector indicates that he is not affiliated with a political party, the county clerk or field registrar of voters shall list the elector’s political party as nonpartisan.

      3.  If an elector indicates an affiliation with a major political party or a minor political party that has filed a certificate of existence with the secretary of state, the county clerk or field registrar of voters shall list the elector’s political party as indicated by the elector.

      4.  If an elector indicates an affiliation with a minor political party that has not filed a certificate of existence with the secretary of state, the county clerk or field registrar of voters shall:

      (a) List the elector’s political party as the party indicated in the [affidavit of registration.] application to register to vote.

      (b) When compiling data related to voter registration for the county, report the elector’s political party as “other party.”

      Sec. 37.  NRS 293.5235 is hereby amended to read as follows:

      293.5235  1.  Except as otherwise provided in NRS 293.502, a person may [apply to] register to vote [, by mail,] by mailing an application to register to vote to the county clerk of the county in which he resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to register to vote may be used to correct information in the registrar of voters’ register.

      2.  An application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.

      3.  The applicant must complete and sign the application . [and sign an affidavit containing the following statement: “I do solemnly swear or affirm under penalty of perjury that I am a citizen of the United States and that on the date of the next ensuing election I will have attained the age of 18 years and will have continuously resided in the State of Nevada, in my county at least 30 days and in my precinct at least 10 days before the next ensuing election. I further swear or affirm under penalty of perjury that the present address I listed herein is my sole legal place of residence and that I claim no other place as my legal residence. I further swear or affirm that I am not now laboring under any felony conviction or other loss of civil rights which would make it unlawful for me to vote.”]


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

ê1995 Statutes of Nevada, Page 2274 (Chapter 608, AB 619)ê

 

      4.  The county clerk shall, upon receipt of an application, determine whether the application is complete.

      5.  If he determines that the application is complete, he shall, within 10 days after he receives the application, mail a notice to the applicant informing him that [he] :

      (a) He is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517 [.] ; or

      (b) The registrar of voters’ register has been corrected to reflect any changes indicated on the application.

The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked.

      6.  If the county clerk determines that the application is not complete, he shall, as soon as possible, mail a notice to the applicant informing him that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after he receives the information, mail a notice to the applicant informing him that [he] :

      (a) He is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517 [.] ; or

      (b) The registrar of voters’ register has been corrected to reflect any changes indicated on the application.

The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked. If the applicant does not provide the additional information within the prescribed period, the application is void.

      7.  The [application must:

      (a) Include the applicant’s social security number, driver’s license number or identification card number issued pursuant to the provisions of NRS 483.810 to 483.890, inclusive.

      (b) Include the street address of the residence where the applicant actually resides. The application must not be accepted if the applicant’s address is listed as a post office box or is the same address as a business that receives and distributes mail for customers, unless a street address has not been assigned to the residence.

      (c) Include a notice that the voter may not list his address as a business unless he actually resides there.

      (d) Include a duplicate copy marked as the receipt to be retained by the affiant upon completion of the form.

      (e) Allow an applicant to furnish his telephone number if he chooses to do so.

      (f) Include a notice stating that an applicant is not registered to vote until all of the information required by the application has been provided to the county clerk within the period prescribed in subsection 6.

      (g) Include any other information prescribed by the secretary of state.] secretary of state shall prescribe the form for an application to register to vote by mail which must be used to register to vote by mail in this state.


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

ê1995 Statutes of Nevada, Page 2275 (Chapter 608, AB 619)ê

 

      8.  The county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.

      9.  The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall [cancel the registration of the person whose address appeared on the postcard.] attempt to determine whether the person’s current residence is other than that indicated on his application to register to vote in the manner set forth in NRS 293.530.

      10.  A person who, by mail, registers to vote pursuant to this section may be assisted in completing the application [for registration] to register to vote by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.

      11.  An application [for registration] to register to vote must be made available to all persons, regardless of political party affiliation.

      12.  An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the county clerk’s office within 3 working days after it is completed.

      13.  A person who willfully violates the provisions of subsection 10, 11 or 12 is guilty of a felony.

      14.  The secretary of state shall adopt regulations to carry out the provisions of this section.

      Sec. 38.  NRS 293.524 is hereby amended to read as follows:

      293.524  1.  The department of motor vehicles and public safety shall [inquire of each qualified elector who applies in] provide an application to register to vote to each person who applies for the issuance [, renewal or correction] or renewal of any type of driver’s license or for an identification card . [whether he desires to complete an application to register to vote by use of a single form containing the necessary information required by this chapter and subsection 2.

      2.  If the elector desires to complete an application for registration, he shall complete and sign an affidavit containing the following statement: “I ........................., do solemnly swear or affirm under penalty of perjury that I am a citizen of the United States and that on the date of the next ensuing election I will have attained the age of 18 years and will have continuously resided in the State of Nevada, county of ........................., at least 30 days and in my precinct at least 10 days before the next ensuing election. I further swear or affirm under penalty of perjury that the present address I listed herein is my sole legal place of residence and that I claim no other place as my legal residence. I further swear or affirm that I am not now laboring under any felony conviction or other loss of civil rights which would make it unlawful for me to vote.”]

      2.  The county clerk shall use the applications to register to vote which are signed and completed pursuant to subsection 1 to register applicants to vote or to correct information in the registrar of voters’ register. An application that is not signed must not be used to register or correct the registration of the applicant.


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

ê1995 Statutes of Nevada, Page 2276 (Chapter 608, AB 619)ê

 

that is not signed must not be used to register or correct the registration of the applicant.

      3.  For the purposes of this section, each employee specifically authorized to do so by the director of the department may oversee the completion of [the affidavit and] an application. The authorized employee shall check the application for completeness and verify the information required by the [affidavit of registration.] application. Each application must include a duplicate copy marked as the receipt to be retained by the [affiant] applicant upon completion of the form. The department shall, except as otherwise provided in this subsection, forward each [such] application on a weekly basis to the county clerk or, if applicable, to the registrar of voters of the county in which the applicant resides. During the 2 weeks immediately preceding the close of registration for an election the applications must be forwarded daily.

      4.  The county clerk shall accept any application to register to vote which is completed by the last day to register if he receives the application not later than 5 days after the close of registration. Upon the receipt of [such] an application, the county clerk or field registrar of voters shall determine whether the application is complete. If he determines that the application is complete, he shall notify the applicant and the applicant shall be deemed to be registered as of the date of the submission of the application. If he determines that the application is not complete, he shall notify the applicant of the additional information required. The applicant shall be deemed to be registered as of the date of the initial submission of the application if the additional information is provided within 15 days after the notice for the additional information is mailed. If the applicant has not provided the additional information within 15 days after the notice for the additional information is mailed, the incomplete application is void. Any notification required by this subsection must be given by mail at the mailing address on the application not more than 7 working days after the determination is made concerning whether the application is complete.

      5.  The county clerk shall use any form submitted to the department to correct information on a driver’s license or identification card to correct information in the registrar of voters’ register, unless the person indicates on the form that the correction is not to be used for the purposes of voter registration. The department shall forward each such form to the county clerk or, if applicable, to the registrar of voters of the county in which the person resides in the same manner provided by subsection 3 for applications to register to vote.

      6.  Upon receipt of a form to correct information, the county clerk shall compare the information to that contained in the registrar of voters’ register. If the person is a registered voter, the county clerk shall correct the information to reflect any changes indicated on the form. After making any changes, the county clerk shall notify the person by mail that his records have been corrected.

      7.  The secretary of state shall, with the approval of the director , [of the department of motor vehicles and public safety,] adopt regulations [which:] to:

      (a) Establish any procedure necessary to provide an elector who applies to register to vote pursuant to this section the opportunity to do so;


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

ê1995 Statutes of Nevada, Page 2277 (Chapter 608, AB 619)ê

 

      (b) [Provide for the form of the application of registration to be used by] Prescribe the contents of any forms or applications which the department [of motor vehicles and public safety;] is required to distribute pursuant to this section; and

      (c) Provide for the transfer of the completed applications of registration from the department [of motor vehicles and public safety] to the appropriate county clerk for inclusion in the election board registers and registrar of voters’ register.

      Sec. 39.  NRS 293.525 is hereby amended to read as follows:

      293.525  [Except as otherwise provided in NRS 293.304, 293.490 and 293.531, any]

      1.  Any elector who is presently registered and has changed his residence after the last preceding general election [from] and who fails to return or never receives a postcard mailed pursuant to NRS 293.5235, 293.530, 293.531 or 293.535 who moved:

      (a) From one precinct [or district] to another within the same county [is not eligible to vote unless he submits to the county clerk before the close of registration a written and signed request or a form prescribed by the secretary of state that the county clerk transfer his registration to the new address. No affidavit is required.] must be allowed to vote in the precinct where he previously resided after he provides an oral or written affirmation before an election board officer attesting to his new address.

      (b) Within the same precinct must be allowed to vote after he provides an oral or written affirmation before an election board officer attesting to his new address.

      2.  If an elector alleges that the records in the registrar of voters’ register or the election board register incorrectly indicate that he has changed his residence, he must be permitted to vote after he provides an oral or written affirmation before an election board officer attesting that he continues to reside at the same address.

      3.  If an elector refuses to provide an oral or written affirmation attesting to his address as required by this section, he may only vote at the special polling place in the county in the manner set forth in NRS 293.304.

      4.  The county clerk shall use any information regarding the current address of an elector obtained pursuant to this section to correct information in the registrar of voters’ register and the election board register.

      Sec. 40.  NRS 293.527 is hereby amended to read as follows:

      293.527  When an elector moves to another county and registers to vote therein, the county clerk of [such] the county where the elector has moved shall send a cancellation notice to the clerk of the county in which the elector previously resided. The county clerk receiving such a notice shall cancel [such elector’s affidavit of] the registration of the elector and place it in a canceled file.

      Sec. 41.  NRS 293.530 is hereby amended to read as follows:

      293.530  1.  County clerks may use any reliable and reasonable means available to correct the official registration lists and determine whether a registered voter’s current residence is other than that indicated on his [affidavit of registration.] application to register to vote.


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

ê1995 Statutes of Nevada, Page 2278 (Chapter 608, AB 619)ê

 

      2.  A county clerk may, with the consent of the board of county commissioners, make investigations of registration in the county by census, by house-to-house canvass or by an other method.

      3.  A county clerk shall cancel the [affidavit of] registration of a voter pursuant to this section if [he first] :

      (a) He mails a written notice to the voter [of his intention to cancel the affidavit of registration for the reason stated in the notice, and the voter does not, within 15 days after he receives the notice, present evidence satisfactory to the county clerk refuting the reason for the cancellation. For the purpose of this subsection, the voter is deemed to have received the notice 3 days after the notice is mailed.] which the United States Postal Service is required to forward;

      (b) He mails a return postcard with the notice which has a place for the voter to write his new address, is addressed to the county clerk and has postage guaranteed;

      (c) The voter does not respond; and

      (d) The voter does not appear to vote in an election before the polls have closed in the second general election following the date of the notice.

      4.  For the purposes of this section, the date of the notice is deemed to be 3 days after it is mailed.

      5.  The county clerk shall maintain records of:

      (a) Any notice mailed pursuant to subsection 3;

      (b) Any response to such notice; and

      (c) Whether a person to whom a notice is mailed appears to vote in an election,

for not less than 2 years after creation.

      6.  The county clerk shall use any postcards which are returned to correct the official registration lists.

      7.  If a voter fails to return the postcard mailed pursuant to subsection 3 within 30 days, the county clerk shall designate the voter as inactive on his application to register to vote.

      8.  The secretary of state shall adopt regulations to prescribe the method for maintaining a list of voters who have been designated as inactive pursuant to subsection 7.

      Sec. 42.  NRS 293.535 is hereby amended to read as follows:

      293.535  1.  [Except as provided in subsection 2, the] The county clerk shall [cancel a registration] notify a registrant if any elector or other reliable person files an affidavit with him [30 days or more prior to an election] stating that [the] :

      (a) The registrant is [an alien and the affiant has personal knowledge of such fact, or that:

      (a)] not a citizen of the United States; or

      (b) The registrant has [removed from] :

             (1) Moved outside the boundaries of the county where he is registered to another county, state, territory or foreign country, with the intention of remaining there for an indefinite time and with the intention of abandoning his residence in the county where registered;

      [(b) The registrant has established] and


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

ê1995 Statutes of Nevada, Page 2279 (Chapter 608, AB 619)ê

 

             (2) Established his residence in some other state, territory or foreign country, or in some other county of this state, naming [such place; and

      (c)] the place.

The affiant must state that he has personal knowledge of [those facts.] the facts set forth in the affidavit.

      2.  Upon the filing of [the] an affidavit with him [,] pursuant to paragraph (b) of subsection 1, the county clerk shall notify the registrant in the manner set forth in NRS 293.530 and shall enclose a copy of the affidavit. If the registrant fails to respond or appear to vote within the required time, the county clerk shall cancel his registration.

      3.  An affidavit filed pursuant to paragraph (a) of subsection 1 must be filed not later than 30 days before an election. Upon the filing of such an affidavit with him, the county clerk shall notify the registrant by registered or certified mail, return receipt requested, of the filing of the affidavit, and shall enclose a copy of the affidavit. Unless the registrant, within 15 days after the return receipt has been filed in the office of the county clerk, presents [a counter-affidavit, documentary evidence or an oral statement under oath refuting, to the satisfaction of the county clerk, the statements in the affidavits, the registration in the manner provided in subsection 1.

      3.] satisfactory proof of citizenship, the county clerk shall cancel his registration.

      4.  Nothing in this section [shall] may be construed to prevent the challenge provided for in NRS 293.303.

      Sec. 43.  NRS 293.537 is hereby amended to read as follows:

      293.537  1.  The county clerk of each county shall maintain a [canceled file for canceled affidavits of registration.] file of the applications to register to vote of electors who have canceled their registration. The file must be kept in alphabetical order . [and must contain all affidavits of registration which are canceled.] The county clerk shall mark [such affidavits] the applications “Canceled,” and indicate thereon the reason for cancellation. If the county clerk finds that [any affidavit of] the registration of an elector was canceled erroneously, the county clerk shall [reinstate such affidavit,] reregister the elector [, or,] or on election day [, issue a certificate of error to] allow the elector whose registration was erroneously canceled [.] to vote pursuant to NRS 293.304 or 293.525.

      2.  The county clerk may:

      (a) Microfilm [canceled affidavits of registration] the applications to register to vote of an elector who cancels his registration and destroy the originals at any time.

      (b) Record canceled [affidavits of registration] applications to register to vote by computer and destroy the originals at any time.

      (c) Destroy any [canceled affidavit of] application to register to vote of an elector who cancels his registration after the expiration of 3 years from the date of cancellation.

      Sec. 44.  NRS 293.540 is hereby amended to read as follows:

      293.540  The county clerk shall cancel [an affidavit of] the registration:

      1.  If he has personal knowledge of the death of the person registered, or if an authenticated certificate of the death of any elector is filed in his office.


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

ê1995 Statutes of Nevada, Page 2280 (Chapter 608, AB 619)ê

 

      2.  If the insanity or mental incompetence of the person registered is legally established.

      3.  Upon the [production of a certified copy of the judgment of conviction of a felony of] determination that the person registered [.] has been convicted of a felony.

      4.  Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.

      5.  Upon the request of any registered voter to affiliate with any political party or to change his affiliation, if that change is made before the end of the last day to register to vote in the election.

      6.  [Upon the request of any registered voter who has changed his name, if that voter satisfies the registrar that the change has been legally effected.

      7.] At the request of the person registered.

      [8.  If any registered voter fails to vote in any presidential election.

      9.  Except as otherwise provided in NRS 293.531, if]

      7.  If he has discovered an incorrect registration pursuant to the provisions of NRS 293.5235 [or 293.530.

      10.] , 293.530, 293.531 or 293.535 and the elector has failed to respond or appear to vote within the required time.

      8.  Upon verification that the [affidavit of registration] application to register to vote is a duplicate if he has the original or another duplicate of the [affidavit] application on file in his office.

      Sec. 45.  NRS 293.543 is hereby amended to read as follows:

      293.543  1.  If the registration of an elector is canceled pursuant to subsection 3 of NRS 293.540, the elector may reregister after he presents written evidence from a court or governmental agency of this state which demonstrates that:

      (a) His conviction has been overturned; or

      (b) His civil rights have been restored.

      2.  If [an affidavit of] the registration of an elector is canceled pursuant to the provisions of subsection 5 [or 6] of NRS 293.540, the elector may reregister immediately.

      [2.] 3.  If [an affidavit of] the registration of an elector is canceled pursuant to the provisions of subsection [7] 6 of NRS 293.540, after the close of registration [,] for a primary election, the elector may not reregister until after the primary election.

      Sec. 46.  NRS 293.553 is hereby amended to read as follows:

      293.553  Any elector of this state who is in the service of the United States or attending an institution of learning, and by reason thereof is beyond the boundaries of this state, and who has not registered before or whose registration has been canceled [,] may, at any time, request from the county clerk of the county of the elector’s residence by mail, telephone or telegram an [affidavit of registration.] application to register to vote. The county clerk, if satisfied that the elector is eligible for registration, shall forward the [affidavit] application immediately. The county clerk shall, upon receipt of the completed [affidavit,] application, file it in the manner provided by law.

      Sec. 47.  NRS 293.563 is hereby amended to read as follows:

      293.563  1.  During the interval between the closing of registration and 5 days before the election, the county clerk shall:


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

ê1995 Statutes of Nevada, Page 2281 (Chapter 608, AB 619)ê

 

      (a) In counties where records of registration are not kept by computer, prepare for each precinct or district a binder [or binders] containing in alphabetical order the original [affidavits of registration] applications to register to vote of the electors in the precinct or district. The binder [or binders constitute] constitutes the election board register.

      (b) In counties where records of registration are kept by computer, have printed and placed in a binder [or binders] for each precinct or district a computer listing in alphabetical order of the [affidavits of registration] applications to register to vote of the electors in the precinct or district. The binder [or binders constitute] constitutes the election board register.

      2.  Each election board register must be delivered or caused to be delivered by the county or city clerk to an election officer of the proper precinct or district before the opening of the polls.

      Sec. 48.  NRS 293.570 is hereby amended to read as follows:

      293.570  1.  [Unless] Except as otherwise provided [for] by special charter, registration of electors in incorporated cities must be accomplished in the manner provided in this chapter.

      2.  The county clerk shall prepare for the city clerk of each incorporated city within his county the election board register of all electors eligible to vote at a regular or special city election.

      3.  The official register must be prepared in suitable books, one for each ward or other voting district within each incorporated city. The entries in the election board register must be arranged alphabetically with the surnames first.

      4.  The county clerk shall keep duplicate originals or copies of the [affidavits of registration] applications to register to vote contained in the official register in his office.

      Sec. 49.  NRS 293.800 is hereby amended to read as follows:

      293.800  1.  Any person who, either for himself or another, willfully gives a false answer or answers to questions propounded to him by the registrar or field registrar of voters relating to the information called for by the [affidavit of registration,] application to register to vote, or who willfully falsifies his [affidavit of registration] application in any particular, or who violates any of the provisions of the election laws of this state, or knowingly encourages another to violate such laws is guilty of a felony.

      2.  Any public officer or other person, upon whom any duty is imposed by this Title, who willfully neglects such duty, or willfully performs it in such a way as to hinder the objects and purposes of the election laws of this state, [is,] except where some other penalty is provided, is guilty of a felony.

      3.  If [such] the person is a public officer, his office is forfeited upon conviction of any offense provided for in subsection 2.

      4.  Any person who causes or endeavors to cause his name to be registered, knowing that he is not an elector or will not be an elector on or before the day of the next ensuing election in the precinct or district in which he causes or endeavors to cause [such] the registration to be made, and any other person who induces, aids, or abets any [such] person in the commission of either of such acts is guilty of a felony.

      5.  Any field registrar or other person who:


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

ê1995 Statutes of Nevada, Page 2282 (Chapter 608, AB 619)ê

 

      (a) Knowingly falsifies [a registration form,] an application to register to vote or knowingly causes [such a form] an application to be falsified; or

      (b) Knowingly provides money or other compensation to another for a falsified [registration form,] application to register to vote,

is guilty of a felony.

      Sec. 50.  NRS 318.09525 is hereby amended to read as follows:

      318.09525  1.  Any person residing within a district who is otherwise qualified to vote at general elections in this state may register to vote in district elections by appearing before the county clerk or registrar of voters of the county in which the district is located and completing an [affidavit of registration] application to register to vote in accordance with the general election laws of this state. Registration for a district election which is not held simultaneously with a general election must close at 5 p.m. of the fifth Friday preceding the district election and registration offices must be open from 9 a.m. to 5 p.m., excluding Saturdays, during the last days before the close of registration. If a person residing within a district is otherwise registered to vote, [no] new registration for district elections is not required.

      2.  The county clerk or registrar of voters shall, at the expense of the district, prepare and maintain a list of all registered voters residing within the district. The county clerk or registrar of voters is entitled to receive on behalf of the county the sum of 15 cents for each registration placed on the list. All money so received must be deposited to the credit of the general fund of the county.

      3.  Whenever a district election is required the county clerk or registrar of voters shall submit the current list, showing all persons who are registered to vote in that election, to the election officers who are charged with the duty of conducting the required election.

      Sec. 51.  NRS 474.005 is hereby amended to read as follows:

      474.005  1.  Any person residing within a county fire protection district who is otherwise qualified to vote at general elections in this state may register to vote in the biennial elections and other elections of the district by appearing before the county clerk or registrar of voters of the county in which the district is located and completing an [affidavit of registration] application to register to vote in accordance with the general election laws of this state. Registration for a district election which is not held simultaneously with a general election must close at 5 p.m. of the fifth Friday preceding the district election and registration offices must be open from 9 a.m. to 5 p.m., excluding Saturdays, during the last days before the close of registration. If a person residing within a district is otherwise registered to vote, [no] new registration for district elections is not required.

      2.  The county clerk or registrar of voters shall, at the expense of the district, prepare and maintain a list of all registered voters residing within the district. The county clerk or registrar of voters is entitled to receive on behalf of the county reimbursement for the actual costs of conducting the district’s election. All money so received must be deposited to the credit of the general fund of the county.

      Sec. 52.  NRS 293.255, 293.280 and 293.545 are hereby repealed.

      Sec. 53.  The amendatory provisions of section 4 of this act do not apply to offenses which are committed before the effective date of this act.


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

ê1995 Statutes of Nevada, Page 2283 (Chapter 608, AB 619)ê

 

      Sec. 54.  1.  This section and sections 1 to 13, inclusive, 16 to 53, inclusive, and 55 of this act become effective upon passage and approval.

      2.  Sections 14 and 15 of this act become effective at 12:01 a.m. on July 1, 1995.

      Sec. 55.  The legislative counsel shall:

      1.  In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section which is not amended by this act or is further amended by another act, appropriately change any reference to “affidavit of registration” to “application to register to vote.”

      2.  In preparing supplements to the Nevada Administration Code, appropriately change any reference to “affidavit of registration” to “application to register to vote.”

 

________

 

 

CHAPTER 609, AB 646

Assembly Bill No. 646–Committee on Judiciary

CHAPTER 609

AN ACT relating to juveniles; making various changes to the procedure in juvenile cases regarding the filing of petitions, the admissibility of evidence, the time allowed for final disposition and the issuance of subpoenas; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 62.128 is hereby amended to read as follows:

      62.128  1.  A complaint alleging that a child is delinquent or in need of supervision must be referred to the probation officer of the appropriate county. The probation officer shall conduct a preliminary inquiry to determine whether the best interests of the child or of the public require that a petition be filed or would better be served by placing the child under informal supervision pursuant to NRS 62.129. If judicial action appears necessary, the probation officer may recommend the filing of a petition, but any petition must be prepared and [countersigned] signed by the district attorney before it is filed with the court. The decision of the district attorney on whether to file a petition is final.

      2.  If the probation officer refuses to place the child under informal supervision or recommend the filing of a petition, the complainant must be notified by the probation officer of his right to a review of his complaint by the district attorney. The district attorney, upon request of the complainant, shall review the facts presented by the complainant and after consultation with the probation officer shall prepare, [countersign] sign and file the petition with the court when he believes the action is necessary to protect the community or the interests of the child.

      3.  When a child is in detention or shelter care and the filing of the petition is not approved by the district attorney, the child must be immediately released.


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

ê1995 Statutes of Nevada, Page 2284 (Chapter 609, AB 646)ê

 

      4.  When a child is in detention or shelter care, the child must be immediately released if a petition alleging delinquency or need of supervision [must be dismissed with prejudice if it] is not filed within [10] 8 days after the date the complaint was referred to the probation officer.

      5.  Upon the filing of the petition, the judge or the master may, in addition to his other powers under this chapter:

      (a) Dismiss the petition without prejudice and refer a child to the probation officer for informal supervision pursuant to NRS 62.129; or

      (b) Place a child under the supervision of the court pursuant to a supervision and consent decree without a formal adjudication of delinquency, upon the recommendation of the probation officer, the written approval of the district attorney and the written consent and approval of the child and his parents or guardian, under the terms and conditions provided for in the decree. The petition may be dismissed upon successful completion of the terms and conditions of the supervision and consent decree, and the child may respond to any inquiry concerning the proceedings and events which brought about the proceedings as if they had not occurred. The records concerning a supervision and consent decree may be considered in a subsequent proceeding before the court regarding that child.

      Sec. 2.  NRS 62.130 is hereby amended to read as follows:

      62.130  1.  A petition alleging that a child is delinquent or a petition for revocation may be signed by any person , including the district attorney, who has knowledge of the facts alleged, or is informed of them and believes that they are true.

      2.  A petition alleging that a child is in need of supervision may be signed only by:

      (a) A representative of a public or private agency licensed or authorized to provide care or supervision of children;

      (b) A representative of a public or private agency providing social service for families; or

      (c) A school officer, law enforcement officer or probation officer.

      3.  The district attorney shall prepare and [countersign] sign every petition alleging delinquency or need of supervision, and shall represent the petitioner in all proceedings.

      4.  The petition must be entitled, “In the Matter of ................, a child,” and must be verified by the person who signs it.

      5.  The petition must set forth specifically:

      (a) The facts which bring the child within the jurisdiction of the court as indicated in NRS 62.040, and the date when delinquency occurred or need of supervision arose;

      (b) The name, date of birth and address of the residence of the child;

      (c) The names and address of the residence of his parents, guardian or custodian, and spouse if any. If neither of his parents, guardian or custodian resides or can be found within the state, or if their addresses are unknown, the petition must state the name of any known adult relative residing within the state, or if there is none, the known adult relative residing nearest to the court; and

      (d) Whether the child is in custody, and if so, the place of detention and the time he was taken into custody.


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

ê1995 Statutes of Nevada, Page 2285 (Chapter 609, AB 646)ê

 

      6.  When any of the facts required by subsection 5 are not known, the petition must so state.

      Sec. 3.  NRS 62.193 is hereby amended to read as follows:

      62.193  1.  Proceedings concerning any child alleged to be delinquent, in need of supervision or in need of commitment to an institution for the mentally retarded are not criminal in nature and must be heard separately from the trial of cases against adults, and without a jury. The hearing may be conducted in an informal manner and may be held at the juvenile detention facility or elsewhere at the discretion of the judge. Stenographic notes or other transcript of the hearing are not required unless the court so orders. All proceedings pursuant to this chapter must be open to the general public unless the judge, or in case of a reference, the referee, upon his own motion or upon the motion of another person, determines that all or part of the proceedings must be closed to the general public because such closure is in the best interests of the child or the general public. If the judge or referee determines that all or part of the proceedings must be closed to the general public, the general public must be excluded and only those persons having a direct interest in the case may be admitted, as ordered by the judge or referee. The judge or referee in his sole discretion may determine that a victim or any member of a victim’s family is a person having a direct interest in the case who may be admitted to the proceedings.

      2.  The court shall provide written notice of any hearing after the initial detention hearing to the parent, guardian or custodian of the child together with a copy of a notice which the parent, guardian or custodian may provide to his employer. The employer’s copy of the notice must set forth the date and time of the hearing and the provisions of NRS 62.410. The employer’s copy of the notice must not set forth the name of the child or the offense alleged.

      3.  The parties must be advised of their rights in their first appearance at intake and before the court. They must be informed of the specific allegations in the petition and given an opportunity to admit or deny those allegations.

      4.  If the allegations are denied, the court shall proceed to hear evidence on the petition. The court shall record its findings on whether the acts ascribed to the child in the petition were committed by him. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and order the child discharged from any detention or temporary care previously ordered in the proceedings, unless otherwise ordered by the court.

      5.  If the court finds on the basis of an admission or a finding on proof beyond a reasonable doubt, based upon competent, material and relevant evidence, that a child committed the acts by reason of which he is alleged to be delinquent, it may, in the absence of objection and except as otherwise provided in NRS 62.214, proceed immediately to make a proper disposition of the case.

      6.  The court may, at the request of the district attorney, expedite the date for any adjudicatory hearing involving acts committed against a child less than 16 years of age or involving acts witnessed by a child less than 16 years of age. In making a ruling, the court may consider the effect a delay in the commencement of the hearing might have on the mental or emotional health or well-being of the child.


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

ê1995 Statutes of Nevada, Page 2286 (Chapter 609, AB 646)ê

 

      7.  In adjudicatory hearings all [relevant and] competent, material and relevant evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their counsel must be afforded an opportunity to examine and controvert written reports so received and to cross-examine persons making reports when reasonably available.

      8.  On its motion or that of a party, the court may continue the hearings under this section for a reasonable period to receive reports and other evidence bearing on the disposition. If the hearing involves acts committed against a child less than 16 years of age or involving acts witnessed by a child less than 16 years of age, the court may consider any adverse effect a continuance or other postponement might have upon the mental or emotional health or well-being of the child. The court may deny a continuance or other postponement if the delay will adversely affect the mental or emotional health or well-being of the child. The court shall make an appropriate order for detention or temporary care of the child subject to supervision of the court during the period of any continuance.

      9.  If the court finds by preponderance of the evidence that the child is in need of supervision or is in need of commitment to an institution for the mentally retarded, the court may proceed immediately, or at a postponed hearing, to make proper disposition of the case.

      10.  [Unless the court by written order extends the time for disposition of the case and sets forth specific reasons for the extension,] Except as otherwise provided in subsection 11, the court shall make its final disposition of a case no later than 60 days after the petition was filed.

      11.  The court may extend the time for final disposition of a case by filing an order setting forth specific reasons for the extension:

      (a) No later than 60 days after the petition was filed; or

      (b) Later than 60 days after the petition was filed, if the court finds that the extension would serve the interests of justice. In deciding whether an extension would serve the interests of justice, the court shall consider:

             (1) The gravity of the act alleged in the case;

             (2) The reasons for any delay in the disposition of the case; and

             (3) The potential consequences to the child, victim and public of not extending the time for final disposition of the case.

An extension of time for final disposition of a case granted pursuant to this subsection must not exceed 1 year from the date of filing the petition.

      12.  The prosecuting attorney shall disclose to the victim of an act committed by a child the disposition of the child’s case regarding that act if the victim, or a parent or guardian of the victim, requests such a disclosure.

      Sec. 4.  NRS 62.195 is hereby amended to read as follows:

      62.195  1.  Upon application of a party, the clerk of the court shall issue, and the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of records, documents or other tangible objects at any hearing. Subpoenas requiring attendance and testimony of witnesses and production of records, documents or other tangible objects at any hearing at which a petition alleging delinquency or need of supervision is to be heard may be issued pursuant to NRS 174.315 and 174.335.


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

ê1995 Statutes of Nevada, Page 2287 (Chapter 609, AB 646)ê

 

      2.  Criminal proceedings and other juvenile proceedings based upon the offense alleged in the petition alleging delinquency or an offense based upon the same conduct are barred if the court has begun taking evidence or has accepted a child’s admission of the facts alleged in the petition. No child may be prosecuted first as a juvenile and later as an adult, or in two juvenile court hearings for the same offense.

      Sec. 5.  Notwithstanding the provisions of subsection 1 of NRS 354.599, each local government shall pay any additional expenses related to the provisions of this act from existing revenues of that local government.

      Sec. 6.  Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1995.

 

________

 

 

CHAPTER 610, AB 650

Assembly Bill No. 650–Committee on Judiciary

CHAPTER 610

AN ACT relating to children; requiring a court to specify in an order for custody of a child that the terms of the Hague Convention apply under certain circumstances; authorizing a court to require a parent who poses an imminent risk of wrongfully removing or concealing a child in a foreign country to post a bond; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 125.510 is hereby amended to read as follows:

      125.510  1.  In determining the custody of a minor child in an action brought under this chapter, the court may:

      (a) During the pendency of the action, at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such an order for the custody, care, education, maintenance and support of the minor children as appears in their best interest; and

      (b) At any time modify or vacate its order, even if the divorce was obtained by default without an appearance in the action by one of the parties. The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.

      2.  Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.

      3.  Any order for custody of a minor child or children of a marriage entered by a court of another state may, subject to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.

      4.  A party may proceed pursuant to this section without counsel.


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

ê1995 Statutes of Nevada, Page 2288 (Chapter 610, AB 650)ê

 

      5.  Any order awarding a party a limited right of custody to a child must define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that the best interest of the child is achieved. The order must include all specific times and other terms of the limited right of custody. As used in this subsection, “sufficient particularity” means a statement of the rights in absolute terms and not by the use of the term “reasonable” or other similar term which is susceptible to different interpretations by the parties.

      6.  All orders authorized by this section must be made in accordance with the provisions of chapter 125A of NRS and must contain the following language:

 

       PENALTY FOR VIOLATION OF ORDER:  THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY AS PROVIDED IN NRS 193.130. NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished for a category D felony as provided in NRS 193.130.

 

      7.  In addition to the language required pursuant to subsection 6, all orders authorized by this section must specify that the terms of the Hague Convention of October 25, 1980, adopted by the 14th Session of the Hague Conference on Private International Law, apply if a parent abducts or wrongfully retains a child in a foreign country.

      8.  If a parent of the child lives in a foreign country or has significant commitments in a foreign country:

      (a) The parties may agree, and the court shall include in the order for custody of the child, that the United States is the country of habitual residence of the child for the purposes of applying the terms of the Hague Convention as set forth in subsection 7.

      (b) Upon motion of one of the parties, the court may order the parent to post a bond if the court determines that the parent poses an imminent risk of wrongfully removing or concealing the child outside the country of habitual residence. The bond must be in an amount determined by the court and may be used only to pay for the cost of locating the child and returning him to his habitual residence if the child is wrongfully removed from or concealed outside the country of habitual residence. The fact that a parent has significant commitments in a foreign country does not create a presumption that the parent poses an imminent risk of wrongfully removing or concealing the child.

      9.  Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered pursuant to this section ceases:

 


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

ê1995 Statutes of Nevada, Page 2289 (Chapter 610, AB 650)ê

 

support of any minor child created by any order entered pursuant to this section ceases:

      (a) Upon the death of the person to whom the order was directed; or

      (b) When the child reaches 18 years of age if he is no longer enrolled in high school, otherwise, when he reaches 19 years of age.

      10.  As used in this section, a parent has “significant commitments in a foreign country” if he:

      (a) Is a citizen of a foreign country;

      (b) Possess a passport in his name from a foreign country;

      (c) Became a citizen of the United States after marrying the other parent of the child; or

      (d) Frequently travels to a foreign country.

      Sec. 2.  NRS 125A.290 is hereby amended to read as follows:

      125A.290  1.  Any order awarding a party a right of visitation of a minor child must [define] :

      (a) Define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that the best interest of the child is achieved [.] ; and

      (b) Specify that the State of Nevada or the state where the child resides within the United States of America is the habitual residence of the child.

The order must include all specific times and other terms of the right of visitation.

      2.  As used in this [subsection,] section, “sufficient particularity” means a statement of the rights in absolute terms and not by the use of the term “reasonable” or other similar term which is susceptible to different interpretations by the parties.

      Sec. 3.  This act becomes effective at 12:01 a.m. on October 1, 1995.

 

________

 

 

CHAPTER 611, AB 288

Assembly Bill No. 288–Committee on Judiciary

CHAPTER 611

AN ACT relating to parole; changing the number, qualifications, procedure and training of the state board of parole commissioners; making various other changes related to parole; and providing other matters properly thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

      The department of motor vehicles and public safety in conjunction with the department of prisons shall establish a program of orientation for new members of the board that will familiarize the new members with the operation, policies and procedures of the respective departments that are relevant to the activities of the board and the relationship between the departments and the board.


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

ê1995 Statutes of Nevada, Page 2290 (Chapter 611, AB 288)ê

 

board. Upon appointment, a new member of the board shall attend the program of orientation.

      Sec. 2.  NRS 213.107 is hereby amended to read as follows:

      213.107  As used in NRS 213.107 to 213.160, inclusive, [and] section 5 of Senate Bill No. 61 of this session and section 1 of this act, unless the context otherwise requires:

      1.  “Board” means the state board of parole commissioners.

      2.  “Chief” means the chief parole and probation officer.

      3.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

      4.  “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.

      5.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief parole and probation officer.

      Sec. 3.  NRS 213.108 is hereby amended to read as follows:

      213.108  1.  The state board of parole commissioners is hereby created within the department of motor vehicles and public safety.

      2.  The board consists of [six] seven members appointed by the governor.

      3.  A chairman of the board must be appointed by the governor. The chairman is the executive officer of the board and shall administer its activities and services and is responsible for its management except as otherwise provided in NRS 213.1085.

      4.  Each member of the board must have at least:

      (a) A bachelor’s degree in criminal justice, law enforcement, sociology, psychology, social work, law or the administration of correctional or rehabilitative facilities and programs and not less than 3 years of experience working in one or several of these fields; or

      (b) Six years of experience in one or several of the fields specified in paragraph (a).

      5.  At least one member of the board must have experience in at least one, so that among them the members have experience in all, of the following:

      (a) Management of prisons;

      (b) Management of law enforcement, including investigation;

      (c) Management of personnel in parole and probation;

      (d) Social work or therapy with emphasis on family counseling, domestic violence and urban social problems; and

      (e) Advocacy of victim’s rights.

      6.  During his term of service on the board, each member must attend an aggregate of 10 hours of courses in each year, in any combination of the following:

      (a) Programs of correctional treatment, alternative punishments for disobedience, selection of offenders for parole and supervision of parolees;

      (b) Abuse of alcohol and controlled substances, the acquired immune deficiency syndrome, domestic violence, mental illness or mental retardation; and

      (c) Designation of and programs for repeating or professional offenders and problems related to gangs.


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

ê1995 Statutes of Nevada, Page 2291 (Chapter 611, AB 288)ê

 

The board shall, within the limits of legislative appropriations, pay the expenses of members in attending these courses.

      7.  Except as otherwise provided in [subsection 5 and] NRS 213.133, a decision on any issue before the board, concurred in by [two] four or more members, is the decision of the board.

      [5.  Any decision on an issue involving a person:

      (a) Who committed a capital offense;

      (b) Who is serving a life sentence; or

      (c) Whose sentence has been commuted by the state board of pardons commissioners,

is the decision of the board if it is concurred in by three members and ratified by a fourth member.]

      Sec. 4.  NRS 213.1087 is hereby amended to read as follows:

      213.1087  1.  After the initial terms, the term of office of each member of the board is 4 years.

      2.  Appointments to the board must be made by the governor within 60 days from the time any vacancy occurs.

      3.  The governor shall not appoint a person to serve as a member of the board for more than two terms. A member of the board shall be deemed to have served a full term if he serves as a member for more than 2 years during any given term.

      4.  Members of the board are in the unclassified service of the state. They shall devote their entire time and attention to the business of the board and shall not pursue any other business or occupation or hold any other office of profit which detracts from the full and timely performance of their duties.

      [4.] 5.  Any member of the board may administer an oath or affirmation to any person offering to testify upon the hearing of an application for parole or in a parole revocation hearing, and any district judge, county clerk or notary public may take and certify an affidavit or deposition to be used upon such an application, either for or against it, or in a parole revocation hearing.

      Sec. 5.  NRS 213.10987 is hereby amended to read as follows:

      213.10987  1.  The board shall adopt by regulation specific standards for each type of convicted person to assist the board in determining whether to release on parole or revoke the parole of a convicted person who is otherwise eligible for parole or on parole [.] , including, without limitation, standards for determining whether to release on parole or revoke the parole of a person:

      (a) Who committed a capital offense.

      (b) Who was sentenced to serve a term of imprisonment for life.

      (c) Who was convicted of a sexual offense involving the use or threat of use of force or violence.

      (d) Who was convicted as a habitual criminal.

      (e) Who is a repeat offender.

      (f) Who was convicted of any other type of offense.

The standards must be based upon objective criteria for determining the person’s probability of success on parole.

      2.  In establishing the standards, the board shall first consider all factors which are relevant in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued. Such considerations must include, without limitation:


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

ê1995 Statutes of Nevada, Page 2292 (Chapter 611, AB 288)ê

 

      (a) The severity of the crime committed;

      (b) The criminal history of the person;

      (c) Any disciplinary action taken against the person while incarcerated;

      (d) Any previous parole violations or failures;

      (e) Any potential threat to society or himself; and

      (f) The length of his incarceration.

      3.  The standards adopted by the board [shall adjust the standards to] must provide for a greater punishment for a convicted person who has a history of repetitive criminal conduct or who commits a serious crime, with a violent crime considered the most serious, than for a convicted person who does not have a history of repetitive crimes and did not commit a serious crime.

      4.  When adopting regulations pursuant to this section, the board shall follow the procedure set forth in chapter 233B of NRS for the adoption of regulations.

      5.  The board shall report to each regular session of the legislature:

      (a) The number and percentage of decisions regarding parole which conflicted with the standards; and

      (b) Any recommendations regarding the standards.

      Sec. 6.  NRS 213.110 is hereby amended to read as follows:

      213.110  1.  Subject to the provisions of NRS 213.120, the board shall [have power to] establish rules and regulations under which any prisoner who is now or hereafter may be imprisoned in the state prison, or in another jurisdiction as provided in NRS 176.045, may be allowed to go upon parole outside of the buildings or enclosures, but to remain, while on parole, in the legal custody and under the control of the board and subject at any time to be taken within the enclosure of the state prison.

      2.  The board, for good cause and in order to permit induction into the military service of the United States, may suspend paroles during the period of the parolee’s active service after induction into the military service.

      Sec. 7.  NRS 213.133 is hereby amended to read as follows:

      213.133  1.  [In considering applications for parole,] Except as otherwise provided in subsections 6 and 7, the board may delegate its authority to hear, consider and act upon [the] applications for parole and on any issue before the board to [:

      (a) One member of the board or a case hearing representative designated pursuant to the provisions of NRS 213.135, sitting as a referee; or

      (b) A] a panel consisting of:

             [(1)] (a) Two or more members of the board, two of whom constitute a quorum; or

             [(2) A]

      (b) One member of the board [and] who is assisted by a case hearing representative . [; or

             (3) Two case hearing representatives.]

      2.  No action taken by any panel created pursuant to paragraph [(b)] (a) of subsection 1 is valid unless concurred in by a majority vote of those sitting on the panel.

      3.  [As a condition of delegating its authority to a referee or panel, the board shall require that the] The decision of [the referee or panel be] a panel is subject to final approval by the affirmative action of a majority of the members appointed to the board.


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

ê1995 Statutes of Nevada, Page 2293 (Chapter 611, AB 288)ê

 

members appointed to the board. Such action may be taken at a meeting of the board, or without a meeting by the delivery of written approval to the secretary of the board.

      4.  The degree of complexity of issues presented must be taken into account before the board makes any delegation of its authority and before it determines the extent of a delegation.

      5.  The board shall adopt regulations which establish the basic types of delegable cases [.] and the size of the panel required for each type of case.

      6.  A hearing on an application for parole or any decision on an issue involving a person:

      (a) Who committed a capital offense;

      (b) Who is serving a sentence of imprisonment for life;

      (c) Who has been convicted of a sexual offense involving the use or threat of use of force or violence;

      (d) Who is a habitual criminal; or

      (e) Whose sentence has been commuted by the state board of pardons commissioners,

must be conducted by at least three members of the board, and action may be taken only with the concurrence of at least four members.

      7.  If a recommendation made by a panel deviates from the standards adopted by the board pursuant to NRS 213.10987 or the recommendation of the division, the chairman must concur in the recommendation.

      Sec. 8.  NRS 213.135 is hereby amended to read as follows:

      213.135  1.  The board may [, upon the basis of qualification requirements it deems pertinent and essential,] establish and maintain a list of persons [who shall be considered] eligible to serve as case hearing representatives in the manner provided by NRS 213.133.

      2.  Each member on the list of persons eligible to serve as a case hearing representative must have at least:

      (a) A bachelor’s degree in criminal justice, law enforcement, sociology, psychology, social work, law or the administration of correctional or rehabilitative facilities and programs and not less than 3 years of experience in one or several of those fields; or

      (b) Six years of experience in one or several of the fields specified in paragraph (a).

      3.  The chairman of the board may, as the necessities of the caseload demand, designate a person [or persons from such] from the list to serve as a case hearing representative [, either as a referee or as a member of a panel] in the manner provided by NRS 213.133.

      Sec. 9.  NRS 178.484 is hereby amended to read as follows:

      178.484  1.  Except as otherwise provided in [subsection 5,] subsections 2 and 5, a person arrested for an offense other than murder of the first degree must be admitted to bail.

      2.  A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:

      (a) A court issues an order directing that the person be admitted to bail;

      (b) The state board of parole commissioners directs the detention facility to admit the person to bail; or


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

ê1995 Statutes of Nevada, Page 2294 (Chapter 611, AB 288)ê

 

      (c) The division of parole and probation of the department of motor vehicles and public safety directs the detention facility to admit the person to bail.

      3.  A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

      [3.] 4.  A person arrested for a battery upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person, must not be admitted to bail sooner than 12 hours after his arrest.

      [4.] 5.  The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.

      [5.] 6.  Before a person may be admitted to bail, he must sign a document stating that:

      (a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;

      (b) He will comply with the other conditions which have been imposed by the court and are stated in the document; and

      (c) If he fails to appear when so ordered and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.

The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.

      Sec. 10.  Section 11 of Senate Bill No. 192 of this session is hereby amended to read as follows:

       Sec. 11.  NRS 213.107 is hereby amended to read as follows:

       213.107  As used in NRS 213.107 to 213.160, inclusive, section 5 of Senate Bill No. 61 of this session , [and] section 1 of Assembly Bill No. 288 of this session and sections 7 to 10, inclusive, of this act, unless the context otherwise requires:

       1.  “Board” means the state board of parole commissioners.

       2.  “Chief” means the chief parole and probation officer.

       3.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

       4.  “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.

       5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

       6.  “Sexual offense” means:

       (a) A violation of NRS 200.366, subsection 3 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;

       (b) An attempt to commit any offense listed in paragraph (a); or


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

ê1995 Statutes of Nevada, Page 2295 (Chapter 611, AB 288)ê

 

       (c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to section 3 of this act.

       7.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the board of the chief . [parole and probation officer.]

      Sec. 11.  As soon as practicable after July 1, 1995, the governor shall appoint to the state board of parole commissioners a seventh member whose initial term expires on July 1, 1997. As the terms of the members of the state board of parole commissioners expire on or after July 1, 1995, and the appointment required by this section is made, the governor shall appoint members having qualifications required by NRS 213.108, as amended by this act, to the extent that other members of the state board of parole commissioners do not already possess those qualifications.

      Sec. 12.  Notwithstanding the provisions of NRS 213.1087, the term of any member appointed to the state board of parole commissioners between July 1, 1995, and July 1, 1997, expires on July 1, 1997.

      Sec. 13.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 612, AB 656

Assembly Bill No. 656–Committee on Taxation

CHAPTER 612

AN ACT relating to taxation; authorizing persons who are qualified for certain exemptions from the property tax or the motor vehicle privilege tax to waive their exemptions and designate any additional amount to be credited to the veterans’ home account established in the state general fund; extending the exemption from taxation for veterans of the Persian Gulf Crisis to all veterans who served on active duty during the crisis; and providing other matters properly relating thereto.

 

[Approved July 5, 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.  Any person who qualifies for an exemption pursuant to NRS 361.090 may, in lieu of claiming his exemption:

      (a) Pay to the county assessor all or any portion of the amount by which the tax would be reduced if he claimed his exemption; and

      (b) Direct the county assessor to deposit that amount for credit to the veterans’ home account established pursuant to NRS 417.145.

      2.  Any person who wishes to waive his exemption pursuant to this section shall designate the amount to be credited to the account on a form provided by the Nevada tax commission.

      3.  The county assessor shall deposit any money received pursuant to this section with the state treasurer for credit to the veterans’ home account established pursuant to NRS 417.145.


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

ê1995 Statutes of Nevada, Page 2296 (Chapter 612, AB 656)ê

 

established pursuant to NRS 417.145. The state treasurer shall not accept more than a total of $1,000,000 for credit to the account pursuant to this section and section 4 of this act during any fiscal year.

      Sec. 2.  NRS 361.090 is hereby amended to read as follows:

      361.090  1.  The property, to the extent of $1,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:

      (a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955;

      (b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975; or

      (c) [Was assigned to active duty or who] Has served on active duty [outside of the United States] in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1,

and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.

      2.  For the purpose of this section the first $1,000 assessed valuation of property in which such a person has any interest shall be deemed the property of that person.

      3.  The exemption may be allowed only to a claimant who files an affidavit with his claim for exemption on real property pursuant to NRS 361.155. The affidavit may be filed at any time by a person claiming exemption from taxation on personal property.

      4.  The affidavit must be filed with the county assessor to the effect that the affiant is an actual 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 :

      (a) The renewal of the exemption ; and

      (b) The designation of any amount to be credited to the veterans’ home account,

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.  Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the county assessors shall continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.

      6.  Before allowing any veteran’s exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof [,] of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.


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

ê1995 Statutes of Nevada, Page 2297 (Chapter 612, AB 656)ê

 

require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.

      7.  If any person files a false affidavit or produces false proof to the county assessor, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.

      Sec. 3.  NRS 361.155 is hereby amended to read as follows:

      361.155  1.  All claims for personal tax exemptions on real property , [and] the initial claim of an organization for a tax exemption on real property and the designation of any amount to be credited to the veterans’ home account pursuant to section 1 of this act must be filed on or before June 15. All exemptions provided for [under] pursuant to this chapter apply on a fiscal year basis and any exemption granted [under] pursuant to this chapter must not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.

      2.  Each claim for an exemption provided for [under] pursuant to this chapter must be filed with the county assessor of:

      (a) The county in which the claimant resides for personal tax exemptions; or

      (b) Each county in which property is located for the tax exemption of an organization.

      3.  After the initial claim for an exemption pursuant to NRS 361.088 or 361.098 to 361.150, inclusive, an organization is not required to file annual claims if the property remains exempt. If any portion of the property loses its exemption pursuant to NRS 361.157 or for any other reason becomes taxable, the organization must notify the county assessor.

      4.  If an exemption is granted or renewed in error because of an incorrect claim or failure of an organization to give the notice required by subsection 3, the assessor shall assess the taxable portion of the property retroactively pursuant to NRS 361.769 and a penalty of 10 percent of the tax due for the current year and any prior years must be added.

      Sec. 4.  Chapter 371 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any person who qualifies for an exemption pursuant to NRS 371.103 may, in lieu of claiming his exemption:

      (a) Pay to the department all or any portion of the amount by which the tax would be reduced if he claimed his exemption; and

      (b) Direct the department to deposit that amount for credit to the veterans’ home account established pursuant to NRS 417.145.

      2.  Any person who wishes to waive his exemption pursuant to this section shall designate the amount to be credited to the account on a form provided by the department.

      3.  The department shall deposit any money received pursuant to this section with the state treasurer for credit to the veterans’ home account established pursuant to NRS 417.145. The state treasurer shall not accept more than a total $1,000,000 for credit to the account pursuant to this section and section 1 of this act during any fiscal year.


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

ê1995 Statutes of Nevada, Page 2298 (Chapter 612, AB 656)ê

 

      Sec. 5.  NRS 371.103 is hereby amended to read as follows:

      371.103  1.  Vehicles, to the extent of $1,000 determined valuation, registered by any actual bona fide resident of the State of Nevada who:

      (a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955;

      (b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975; or

      (c) [Was assigned to active duty or who] Has served on active duty [outside of the United States] in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1,

and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the Unites States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.

      2.  For the purpose of this section the first $1,000 determined valuation of vehicles in which such a person has any interest shall be deemed to belong 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 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 :

      (a) The renewal of the exemption ; and

      (b) The designation of any amount to be credited to the veterans’ home account,

to the person each 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.  Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the department shall grant exemptions to those persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.

      5.  Before allowing any veteran’s exemption pursuant to the provisions of this chapter, the department shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.

      6.  If any person files a false affidavit or produces false proof to the department, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.


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

ê1995 Statutes of Nevada, Page 2299 (Chapter 612, AB 656)ê

 

      Sec. 6.  NRS 371.105 is hereby amended to read as follows:

      371.105  Claims [under] pursuant to NRS 371.101, 371.102, 371.103 or 371.104 for tax exemption on the vehicle privilege tax [shall] and designations of any amount to be credited to the veterans’ home account pursuant to section 4 of this act must be filed annually at any time on or before the date when payment of [such] the tax is due. All exemptions provided for in this section [shall] must not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.

      Sec. 7.  NRS 371.230 is hereby amended to read as follows:

      371.230  [Moneys] Except as otherwise provided in section 4 of this act, money collected by the department for privilege taxes and penalties [under] pursuant to the provisions of this chapter [shall] must be deposited with the state treasurer to the credit of the motor vehicle fund.

      Sec. 8.  This act becomes effective on July 1, 1996.

 

________

 

 

CHAPTER 613, AB 676

Assembly Bill No. 676–Committee on Judiciary

CHAPTER 613

AN ACT relating to prostitution; prohibiting certain advertising concerning prostitution; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 201.430 is hereby amended to read as follows:

      201.430  1.  It is unlawful for any person engaged in conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise the unlawful conduct or any house of prostitution:

      (a) In any public theater, on the public streets of any city or town, or on any public highway; or

      (b) [Any where in] In any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.

      2.  It is unlawful for any person knowingly to prepare or print an advertisement concerning a house of prostitution not licensed for that purpose pursuant to NRS 244.345, or conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, in any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.

      3.  Inclusion in any display, handbill or publication of the address, location or telephone number of a house of prostitution or of identification of a means of transportation to such a house, or of directions telling how to obtain any such information, constitutes prima facie evidence of advertising for the purposes of this section.


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

ê1995 Statutes of Nevada, Page 2300 (Chapter 613, AB 676)ê

 

such information, constitutes prima facie evidence of advertising for the purposes of this section.

      [3.] 4.  Any person, company, association or corporation violating the provisions of this section shall be punished:

      (a) For the first [offense, by a fine of not more than $500.

      (b) For any subsequent offense, for a misdemeanor.] violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.

      (b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000.

      (c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.

      Sec. 2.  NRS 201.440 is hereby amended to read as follows:

      201.440  [Any]

      1.  In any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute, it is unlawful for any person, company, association or corporation [who knowingly allows] knowingly to allow any person engaged in conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise a house of prostitution in his place of business . [shall be punished:

      1.] 2.  Any person, company, association or corporation that violates the provisions of this section shall be punished:

      (a) For the first [offense, by a fine of not more than $500.

      2.  For any subsequent offense, for a misdemeanor.] violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.

      (b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000.

      (c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.

 

________

 

Link to Page 2301