[Rev. 3/18/2013 2:46:15 PM]

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ê1997 Statutes of Nevada, Page 2965ê

 

CHAPTER 588, AB 525

Assembly Bill No. 525–Assemblyman Carpenter

CHAPTER 588

AN ACT relating to taxation; revising the provisions governing the use of the proceeds from the county motor vehicle fuel tax in certain counties and certain sales and use taxes to allow use for maintenance and repair of roads; requiring each county and incorporated city to submit a list to the department of transportation setting forth each road or street maintained by the county or city; defining the term “construction, maintenance and repair” for the purposes of using the proceeds of certain taxes on motor vehicle fuel; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 365.185 is hereby amended to read as follows:

      365.185  1.  In addition to any other tax provided for in this chapter, there [shall] must be levied an excise tax on gasoline.

      2.  This tax [shall] must be imposed and [shall increase up to a total of 4 cents per gallon,] will increase if the tax collected by the Federal Government pursuant to the provisions of 26 U.S.C. § 4081 [, is diminished] or any other tax collected by the Federal Government relating to gasoline is reduced or discontinued in whole or in part. The amount of the tax so imposed by this state [shall] must be equal to the amount by which the federal tax is reduced.

      3.  This tax [shall] must be accounted for by each dealer and [shall be] collected in the manner provided in this chapter. The tax [shall] must be paid to the department and delivered by the department to the state treasurer.

      Sec. 1.3.  NRS 365.550 is hereby amended to read as follows:

      365.550  1.  The receipts of the tax [as levied in] levied pursuant to NRS 365.180 must be allocated monthly by the department to the counties [upon] using the following formula:

      (a) One-fourth in proportion to total area.

      (b) One-fourth in proportion to population.

      (c) One-fourth in proportion to road mileage and street mileage [(] of nonfederal aid primary roads . [).]

      (d) One-fourth in proportion to vehicle miles of travel on [roads (] nonfederal aid primary roads . [).]

      2.  The amount [due] allocated to the counties under the formula must be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties, and the state treasurer shall pay the warrants out of the proceeds of the tax levied [in] pursuant to NRS 365.180.

      3.  Of the money received by the counties [by reason of] pursuant to the provisions of this section:

      (a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that [work,] construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration; and

 


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redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that [work,] construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration; and

      (b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated pursuant to the following formula:

             (1) If there are no incorporated cities in the county, to the county; and

             (2) If there is [one or more incorporated cities] at least one incorporated city in the county, to the county and any incorporated cities in the county pursuant to the formula set [out] forth for counties in subsection 1. For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.

      4.  The formula computations must be made as of July 1 of each year by the department, based on estimates which must be furnished by the department of transportation. The determination [so] made by the department is conclusive.

      5.  Each county and incorporated city shall, not later than January 1 of each year, submit a list to the department of transportation setting forth:

      (a) Each road or street that is maintained by the county or city; and

      (b) The beginning and ending points and the total mileage of each of those roads or streets.

Each county and incorporated city shall, at least 10 days before the list is submitted to the department of transportation, hold a public hearing to identify and determine the roads and streets maintained by the county or city.

      6.  As used in this section, “construction, maintenance and repair” includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a county or city road and is necessary for the safe and efficient use of that road, including, without limitation:

      (a) Grades and regrades;

      (b) Graveling, oiling, surfacing, macadamizing and paving;

      (c) Sweeping, cleaning and sanding roads and removing snow from a road;

      (d) Crosswalks and sidewalks;

      (e) Culverts, catch basins, drains, sewers and manholes;

      (f) Inlets and outlets;

      (g) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;

      (h) Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;

      (i) Rights of way;

      (j) Grade and traffic separators;

      (k) Fences, cattle guards and other devices to control access to a county or city road;


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ê1997 Statutes of Nevada, Page 2967 (Chapter 588, AB 525)ê

 

      (l) Signs and devices for the control of traffic; and

      (m) Facilities for personnel and the storage of equipment used to construct, maintain or repair a county or city road.

      Sec. 1.5.  NRS 365.560 is hereby amended to read as follows:

      365.560  1.  The receipts of the tax [as levied in NRS 365.190 shall] levied pursuant to NRS 365.190 must be allocated monthly by the department to the counties in which the [tax] payment of the tax originates.

      2.  [Such receipts shall] The receipts must be apportioned between the county, towns with town boards as organized under NRS 269.016 to 269.019, inclusive, and incorporated cities within the county from the general road fund of the county in the same ratio as the assessed valuation of property within the boundaries of [such] the towns or incorporated cities within the county bears to the total assessed valuation of property within the county, including property within the towns or incorporated cities.

      3.  [All such money so] Any money apportioned to a county [shall] pursuant to subsection 2 must be expended by the county solely for [the] :

      (a) The service and redemption of revenue bonds issued pursuant to chapter 373 of NRS [, for the] ;

      (b) The construction, maintenance and repair of the public highways of the county [and for the] ; and

      (c) The purchase of equipment for [such work, and shall] that construction, maintenance and repair.

The money must not be used to defray the expenses of administration.

      4.  [All such money so] Any money apportioned to towns or incorporated cities [shall] pursuant to subsection 2 must be expended only upon the streets, alleys and public highways of [such] the town or city, other than state highways, under the direction and control of the governing body of the town or city.

      5.  As used in this section, “construction, maintenance and repair” has the meaning ascribed to it in NRS 365.550.

      Sec. 1.7.  NRS 366.195 is hereby amended to read as follows:

      366.195  1.  In addition to any other tax provided for in this chapter, there [shall] must be levied an excise tax on special fuel.

      2.  This tax [shall] must be imposed and [shall increase up to a total of 4 cents per gallon,] will increase if the tax collected by the Federal Government, pursuant to the provisions of 26 U.S.C. § 4041 [, is diminished] or any other tax collected by the Federal Government relating to special fuel is reduced or discontinued in whole or in part. The amount of the tax so imposed by this state [shall] must be equal to the amount by which the federal tax is reduced.

      Sec. 1.9.  Chapter 373 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  “Acquisition” or “acquire” means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the United States of America, any agency, instrumentality or corporation thereof, the State of Nevada, any body corporate and politic therein, any corporation, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement, or any combination thereof, of any project, or an interest therein, authorized by this chapter.


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ê1997 Statutes of Nevada, Page 2968 (Chapter 588, AB 525)ê

 

endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement, or any combination thereof, of any project, or an interest therein, authorized by this chapter.

      Sec. 3.  “Board” means the board of county commissioners.

      Sec. 4.  “City” means an incorporated city.

      Sec. 5.  “Commission” means the regional transportation commission.

      Sec. 6.  “Cost of the project,” or any phrase of similar import, means all or any part designated by the board of the cost of any project, or interest therein, being acquired, which cost, at the option of the board may include all or any part of the incidental costs pertaining to the project, including, without limitation, preliminary expenses advanced by the county from money available for use therefor or any other source, or advanced by any city with the approval of the county from money available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county, or any combination thereof, in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of an interest on the bonds, the filing or recordation of instruments, the costs of medium-term obligations, construction loans and other temporary loans of not exceeding 10 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.

      Sec. 7.  “Federal securities” means bills, certificates of indebtedness, notes, bonds or similar securities which are direct obligations of, or the principal and interest of which securities are unconditionally guaranteed by, the United States of America.

      Sec. 8.  “Improvement” or “improve” means the extension, widening, lengthening, betterment, alteration, reconstruction, surfacing, resurfacing or other major improvement, or any combination thereof, of any project, or an interest therein, authorized by this chapter. The term includes renovation, reconditioning, patching, general maintenance and other minor repairs.

      Sec. 9.  “Project” means:

      1.  In a county whose population is 35,000 or more, street and highway construction, including, without limitation, the acquisition and improvement of any street, avenue, boulevard, alley, highway or other public right of way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also, including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights of way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition and improvement of all types of property therefor.


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ê1997 Statutes of Nevada, Page 2969 (Chapter 588, AB 525)ê

 

approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition and improvement of all types of property therefor.

      2.  In a county whose population is less than 35,000, street and highway construction, maintenance or repair, or any combination thereof, including, without limitation, the acquisition, maintenance, repair and improvement of any street, avenue, boulevard, alley, highway or other public right of way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also, including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights of way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition, maintenance, repair and improvement of all types of property therefor.

      Sec. 10.  “Town” means an unincorporated town.

      Sec. 11.  NRS 373.020 is hereby amended to read as follows:

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

      1.  “Acquisition” or “acquire” means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the United States of America, any agency, instrumentality or corporation thereof, the State of Nevada, any body corporate and politic therein, any corporation, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of any project, or an interest therein, authorized by this chapter.

      2.  “Board” means the board of county commissioners.

      3.  “City” means an incorporated city.

      4.  “Commission” means the regional transportation commission.

      5.  “Cost of the project,” or any phrase of similar import, means all or any part designated by the board of the cost of any project, or interest therein, being acquired, which cost, at the option of the board may include all or any part of the incidental costs pertaining to the project, including, without limitation, preliminary expenses advanced by the county from money available for use therefor or any other source, or advanced by any city with the approval of the county from money available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county (or any combination thereof), in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of an interest on the bonds, the filing or recordation of instruments, the costs of medium-term obligations, construction loans and other temporary loans of not exceeding 10 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.


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ê1997 Statutes of Nevada, Page 2970 (Chapter 588, AB 525)ê

 

options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of an interest on the bonds, the filing or recordation of instruments, the costs of medium-term obligations, construction loans and other temporary loans of not exceeding 10 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.

      6.  “Federal securities” means bills, certificates of indebtedness, notes, bonds or similar securities which are direct obligations of, or the principal and interest of which securities are unconditionally guaranteed by, the United States of America.

      7.  “Improvement” or “improve” means the extension, widening, lengthening, betterment, alteration, reconstruction, surfacing, resurfacing or other major improvement (or any combination thereof) of any project, or an interest therein, authorized by this chapter. The term does not include renovation, reconditioning, patching, general maintenance or other minor repair.

      8.  “Project” means street and highway construction, including, without limitation, the acquisition and improvement of any street, avenue, boulevard, alley, highway or other public right of way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights of way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition and improvement of all types of property therefor.

      9.  “Town” means an unincorporated town.] , the words and terms defined in sections 2 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 12.  Chapter 377A of NRS is hereby amended by adding thereto the provisions set forth as sections 13 to 18, inclusive, of this act.

      Sec. 13.  “Board” means the board of county commissioners.

      Sec. 14.  “Construction, maintenance and repair” includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a public road and is necessary for the safe and efficient use of the public road, including, without limitation:

      1.  Grades and regrades;

      2.  Graveling, oiling, surfacing, macadamizing and paving;

      3.  Sweeping, cleaning and sanding roads and removing snow from a public road;

      4.  Crosswalks and sidewalks;

      5.  Culverts, catch basins, drains, sewers and manholes;


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      6.  Inlets and outlets;

      7.  Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;

      8.  Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;

      9.  Rights of way;

      10.  Grade and traffic separators;

      11.  Fences, cattle guards and other devices to control access to a public road;

      12.  Signs and devices for the control of traffic; and

      13.  Facilities for personnel and the storage of equipment used to construct, maintain or repair a public road.

      Secs. 15 and 16.  (Deleted by amendment.)

      Sec. 17.  “Public transit system” means a system employing any method of conveyance that is operated for public use and transports persons within a county.

      Sec. 18.  (Deleted by amendment.)

      Sec. 19.  NRS 377A.010 is hereby amended to read as follows:

      377A.010  As used in this chapter, unless the context otherwise requires [:

      1.  “Board” means the board of county commissioners.

      2.  “Construction” of public roads includes repair and maintenance of public roads.

      3.  “Public roads” means paved roads which are constructed and maintained by a city or county to which access is not limited, and other projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055.

      4.  “Public transit system” means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, operated for public use in the conveyance of persons, providing local transportation within a county.] , the words and terms defined in sections 13 to 18, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 20.  NRS 377A.020 is hereby amended to read as follows:

      377A.020  1.  The board of county commissioners of any county may enact an ordinance imposing a tax for [public mass transportation and construction] a public transit system or for the construction, maintenance and repair of public roads , or both, pursuant to NRS 377A.030. The board of county commissioners of any county whose population is less than 400,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030.

      2.  An ordinance enacted pursuant to this chapter may not become effective before a question concerning the imposition of the tax is approved by a majority of the registered voters of the county voting upon the question which the board may submit to the voters at any general election. A county may combine the [question for mass transportation and] questions for a public transit system and for the construction, maintenance and repair of public roads with questions submitted pursuant to NRS 244.3351, 278.710, 365.203 or 371.045, or any combination thereof.


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ê1997 Statutes of Nevada, Page 2972 (Chapter 588, AB 525)ê

 

public roads with questions submitted pursuant to NRS 244.3351, 278.710, 365.203 or 371.045, or any combination thereof. The board shall also submit to the voters at a general election any proposal to increase the rate of the tax or change the previously approved uses for the proceeds of the tax.

      3.  Any ordinance enacted pursuant to this section must specify the date on which the tax must first be imposed or on which an increase in the rate of the tax becomes effective, which must not be earlier than the first day of the second calendar month following the approval of the question by the voters.

      Sec. 21.  NRS 377A.030 is hereby amended to read as follows:

      377A.030  Except as otherwise provided in NRS 377A.110, any ordinance enacted under this chapter must include provisions in substance as follows:

      1.  A provision imposing a tax upon retailers at the rate of not more than:

      (a) For a tax to promote tourism, one-quarter of 1 percent; or

      (b) For a tax [for public mass transportation and construction] to establish and maintain a public transit system or for the construction, maintenance and repair of public roads, or both, one-half of 1 percent,

of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in a county.

      2.  Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

      3.  A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of an ordinance imposing the tax for public mass transportation and construction of public roads or the tax to promote tourism in the county.

      4.  A provision that the county shall contract before the effective date of the ordinance with the department to perform all functions incident to the administration or operation of the tax in the county.

      5.  A provision that exempts from the tax or any increase in the tax the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for the construction of an improvement to real property, entered into on or before the effective date of the tax or the increase in the tax, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax or the increase in the tax.

      Sec. 22.  NRS 377A.070 is hereby amended to read as follows:

      377A.070  1.  The county treasurer shall deposit the money received from the state controller pursuant to NRS 377A.050 for [public mass transportation and construction] a public transit system or for the construction, maintenance and repair of public roads , or both, in the county treasury for credit to a fund to be known as the public transit fund.

      2.  The public transit fund must be accounted for as a separate fund and not as a part of any other fund.


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      Sec. 23.  NRS 377A.080 is hereby amended to read as follows:

      377A.080  1.  In any county in which a tax for [public mass transportation and construction of public roads] a public transit system or for the construction, maintenance and repair of public roads, or both, has been imposed, the board shall by ordinance create a regional transportation commission pursuant to chapter 373 of NRS if one has not already been created under that chapter. Where a regional transportation commission has already been created under that chapter, that commission may also exercise the powers conferred by this section.

      2.  The regional transportation commission may:

      (a) Appropriate money in the public transit fund accumulated by a county to provide a public transit system for that county if the system is included in a regional transportation plan adopted by the regional transportation commission;

      (b) Appropriate money to provide transportation or to support agencies which are providing transportation for the elderly and persons with disabilities, if the services are consistent with the regional transportation plan;

      (c) Provide for or perform all functions incident to the administration and operation of the public transit system, including the establishment of fares for the system; and

      (d) Adopt regulations for the operation of systems or services provided by the commission and for systems or services financed by the commission and provided by an agency or a private contractor.

      3.  The commission may draw money out of the public transit fund only for:

      (a) [Establishing and maintaining] The establishment and maintenance of a public transit system for the county and [supporting] for the support of other activities, services and programs related to transportation which are included in a regional transportation plan adopted by the commission;

      (b) [Constructing, repairing and maintaining] The construction, maintenance and repair of public roads;

      (c) [Payment] The payment of principal and interest on notes, bonds or other securities issued to provide funds for the cost of projects described in paragraphs (a) and (b); or

      (d) Any combination of those purposes.

      Sec. 24.  NRS 377A.090 is hereby amended to read as follows:

      377A.090  1.  Money for the payment of the cost of establishing and maintaining a public transit system or for [constructing] the construction, maintenance and repair of public roads , or both, may be obtained by the issuance of bonds and other securities as provided in subsection 2 , [of this section,] or, subject to any pledges, liens and other contractual limitations made pursuant to this chapter, may be obtained by direct distribution from the public transit fund, or may be obtained both by the issuance of such securities and by such direct distribution as the board may determine.

      2.  The board may, after the enactment of an ordinance imposing a tax for [public mass transportation and construction] a public transit system or for the construction, maintenance and repair of public roads , or both, as authorized by NRS 377A.020, from time to time issue bonds and other securities, which are general or special obligations of the county and which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the tax for [public mass transportation and construction] a public transit system or for the construction, maintenance and repair of public roads [.]


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securities, which are general or special obligations of the county and which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the tax for [public mass transportation and construction] a public transit system or for the construction, maintenance and repair of public roads [.] , or both.

      3.  The ordinance authorizing the issuance of any bond or other security must describe the purpose for which it is issued.

      Sec. 25.  NRS 377A.100 is hereby amended to read as follows:

      377A.100  1.  Each ordinance providing for the issuance of any bond or security issued under this chapter payable from the receipts of the tax for [public mass transportation and construction] a public transit system or for the construction, maintenance and repair of public roads , or both, may, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain a covenant or other provision to pledge and create a lien upon the receipts of the tax or upon the proceeds of any bond or security pending their application to defray the cost of establishing or operating a public transit system, or both tax proceeds and security proceeds, to secure the payment of any bond or security issued under this chapter.

      2.  Any money pledged to the payment of bonds or other securities pursuant to subsection 1 may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

      Sec. 26.  NRS 377A.110 is hereby amended to read as follows:

      377A.110  1.  Subject to the provisions of subsection 2, the board may gradually reduce the amount of tax imposed pursuant to this chapter for [public mass transportation and construction] a public transit system or for the construction, maintenance and repair of public roads , or both, as revenue from the operation of the public transit system permits.

      2.  No such taxing ordinance may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds issued under this chapter, or other obligations incurred under this chapter, until all obligations, for which revenues from the ordinance have been pledged or otherwise made payable from such revenues pursuant to this chapter, have been discharged in full, but the board may at any time dissolve the regional transportation commission and provide that no further obligations be incurred thereafter.

      Sec. 27.  NRS 377A.140 is hereby amended to read as follows:

      377A.140  1.  Except as otherwise provided in subsection 2, a public transit system in a county whose population is 400,000 or more may, in addition to providing local transportation within the county and the services described in NRS 377A.130, provide:

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

      (b) Any other services for [public mass transportation] a public transit system which are requested by the general public,

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

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

 


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commission must receive a determination from the public service commission of Nevada and the taxicab authority that:

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

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

      3.  As used in this section:

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

      (b) “On-call public [mass transportation”] transit system” means a system established to transport [by vehicle passengers who request such transportation on demand.] passengers only upon the request of a person who needs transportation.

      Sec. 27.3.  (Deleted by amendment.)

      Sec. 27.5.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 28.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 589, AB 527

Assembly Bill No. 527–Committee on Government Affairs

CHAPTER 589

AN ACT relating to public works; requiring timely payments to certain design professionals on public works; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a public body enters into a contract with a design professional for the provision of services in connection with a public work, the contract:

      (a) Must set forth:

             (1) The specific period within which the public body must pay the design professional.

             (2) The specific period and manner in which the public body may dispute a payment or portion thereof that the design professional alleges is due.

             (3) The terms of any penalty that will be imposed upon the public body if the public body fails to pay the design professional within the specific period set forth in the contract pursuant to subparagraph (1).

             (4) That the prevailing party in an action to enforce the contract is entitled to reasonable attorney’s fees and costs.


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ê1997 Statutes of Nevada, Page 2976 (Chapter 589, AB 527)ê

 

      (b) May set forth the terms of any discount that the public body will receive if the public body pays the design professional within the specific period set forth in the contract pursuant to subparagraph (1) of paragraph (a).

      2.  As used in this section, “design professional” means a person with a professional license issued pursuant to chapter 623, 623A or 625 of NRS.

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

________

 

CHAPTER 590, AB 529

Assembly Bill No. 529–Assemblymen Braunlin, Chowning, Parks, Sandoval, Lambert, Amodei, Mortenson, Von Tobel, Neighbors, Carpenter, Nolan, Bache, Koivisto, Gustavson, Collins, Lee and Anderson

CHAPTER 590

AN ACT relating to motor vehicles; providing for the issuance of special license plates that encourage the donation of human organs; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this subsection, the department, in cooperation with the organizations in this state which assist in the donation and procurement of human organs, shall design, prepare and issue license plates that encourage the donation of human organs using any colors and designs that the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  The department may issue license plates that encourage the donation of human organs for any passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that encourage the donation of human organs if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which encourage the donation of human organs pursuant to subsection 3.

      3.  The fee for license plates to encourage the donation of human organs is $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The license plates are renewable upon the payment of $10.

      4.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:


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ê1997 Statutes of Nevada, Page 2977 (Chapter 590, AB 529)ê

 

      (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the department.

      Sec. 2.  NRS 482.270 is hereby amended to read as follows:

      482.270  1.  Except as otherwise provided in NRS 482.3747, 482.3775, 482.379, 482.3791, 482.3792, 482.3793, 482.3794 or 482.384, or section 1 of this act, the director shall order the preparation of motor vehicle license plates with no other colors than blue and silver. The director may substitute white in place of silver when no suitable material is available.

      2.  The director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

      3.  Every license plate must have displayed upon it:

      (a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;

      (b) The name of the state, which may be abbreviated;

      (c) If issued for a calendar year, the year; and

      (d) If issued for a registration period other than a calendar year, the month and year the registration expires.

      4.  The letters I and Q must not be used in the designation.

      5.  Except as otherwise provided in NRS 482.379, all letters and numbers must be of the same size.

________

 

CHAPTER 591, AB 531

Assembly Bill No. 531–Assemblyman Sandoval

CHAPTER 591

AN ACT relating to geology; defining “professional geologist” and “science of geology”; requiring that the director of the bureau of mines and geology be a professional geologist with expertise in the science of geology; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 514 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meaning ascribed to them in those sections.


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ê1997 Statutes of Nevada, Page 2978 (Chapter 591, AB 531)ê

 

      Sec. 3.  “Professional geologist” means a person who:

      1.  Possesses a baccalaureate or higher degree from an accredited college or university with at least 30 semester hours or 45 quarter hours of course work in the science of geology and has at least 5 years of experience in the science of geology, which may include no more than 2 years of postgraduate course work in the science of geology;

      2.  Has at least 12 years of experience in the science of geology, at least 3 years of which must have been completed under the supervision of a professional geologist; or

      3.  Is currently licensed or certified as a professional geologist:

      (a) In another state; or

      (b) By a national nonprofit geological organization with members in at least 10 states who are licensed or certified,

if the requirements for his current licensure or certification included requirements at least equal to those set forth in either subsection 1 or 2.

      Sec. 4.  “Science of geology” means the:

      1.  General study of the earth, including its origin, processes and history;

      2.  Collection and investigation of specimens of the constituent rocks, minerals, fossils, solids, mineralizing fluids, gasses and other materials of the earth that are located from the center of the core of the earth to the surface of the earth; and

      3.  Application of the knowledge set forth in subsections 1 and 2 for the benefit of the general public and the general welfare of this state.

      Sec. 5.  NRS 514.030 is hereby amended to read as follows:

      514.030  1.  The board of regents of the University of Nevada shall appoint as director a competent scientist or engineer, to be known as the director of the bureau of mines and geology, who must be a [graduate] :

      (a) Graduate of a recognized college or university with a degree in some branch of earth science or mineral engineering [, to be known as the director of the bureau of mines and geology.] ; and

      (b) Professional geologist with expertise in the science of geology.

      2.  Upon the director’s nomination, the board of regents of the University of Nevada shall employ such assistants and employees as the board deems necessary.

      3.  The board of regents of the University of Nevada may also determine the compensation of all persons employed by the bureau of mines and geology and may remove them at will.

________

 


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ê1997 Statutes of Nevada, Page 2979ê

 

CHAPTER 592, AB 536

Assembly Bill No. 536–Committee on Taxation

CHAPTER 592

AN ACT relating to taxation; providing an exemption from certain sales and use taxes and from the ad valorem tax on personal property for certain publicly displayed works of art; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.068 is hereby amended to read as follows:

      361.068  1.  The following personal property is exempt from taxation:

      (a) Personal property held for sale by a merchant;

      (b) Personal property held for sale by a manufacturer;

      (c) Raw materials and components held by a manufacturer for manufacture into products, and supplies to be consumed in the process of manufacture;

      (d) Tangible personal property purchased by a business which will be consumed during the operation of the business;

      (e) Livestock;

      (f) Colonies of bees;

      (g) Pipe and other agricultural equipment used to convey water for the irrigation of legal crops;

      (h) All boats;

      (i) Slide-in campers and camper shells; [and]

      (j) Computers and related equipment donated for use in schools in this state [.] ; and

      (k) Fine art for public display.

      2.  A person claiming the exemption provided for in paragraph (k) of subsection 1 shall, on or before June 15 for the next ensuing fiscal year, file with the county assessor an affidavit declaring that the fine art:

      (a) Was purchased in an arm’s length transaction for $25,000 or more, or has an appraised value of $25,000 or more;

      (b) Will be on public display in a public or private art gallery, museum or other building or area in this state for at least 20 hours per week during at least 35 weeks of the year for which the exemption is claimed; and

      (c) Will be available for educational purposes.

      3.  As used in this section [, “boat”] :

      (a) “Boat” includes any vessel or other watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.

      (b) “Fine art for public display” means a work of art which:

             (1) Is an original painting in oil, mineral, water colors, vitreous enamel, pastel or other medium, an original mosaic, drawing or sketch, an original sculpture of clay, textiles, fiber, wood, metal, plastic, glass or a similar material, an original work of mixed media or a lithograph;

             (2) Was purchased in an arm’s length transaction for $25,000 or more, or has an appraised value of $25,000 or more;


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ê1997 Statutes of Nevada, Page 2980 (Chapter 592, AB 536)ê

 

             (3) Is on public display in a public or private art gallery, museum or other building or area in this state for at least 20 hours per week during at least 35 weeks of each year for which the exemption is claimed; and

             (4) Is available for educational purposes.

      Sec. 2.  Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  There are exempted from the taxes imposed by this chapter the gross receipts from the sales of, and the storage, use or other consumption in a county of, works of fine art for public display.

      2.  As used in this section, “fine art for public display” means a work of art which:

      (a) Is an original painting in oil, mineral, water colors, vitreous enamel, pastel or other medium, an original mosaic, drawing or sketch, an original sculpture of clay, textiles, fiber, wood, metal, plastic, glass or a similar material, an original work of mixed media or a lithograph;

      (b) Is purchased in an arm’s length transaction for $25,000 or more, or has an appraised value of $25,000 or more;

      (c) Will be on public display in a public or private art gallery, museum or other building or area in this state for at least 20 hours per week during at least 35 weeks of the first full calendar year after the date on which it is purchased; and

      (d) Will be available for educational purposes.

      Sec. 3.  1.  This section and section 2 of this act become effective on July 1, 1997.

      2.  Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1997.

________

 

CHAPTER 593, AB 540

Assembly Bill No. 540–Committee on Government Affairs

CHAPTER 593

AN ACT relating to public lands; expanding the list of lands that the Colorado River commission may purchase or acquire from the Federal Government pursuant to the Fort Mohave Valley Development Law; repealing the Eldorado Valley Development Law; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 321.335 is hereby amended to read as follows:

      321.335  1.  Except as provided in NRS 321.125 [, 321.450] and 321.510, after April 1, 1957, all sales of any lands that the division is required to hold pursuant to NRS 321.001, including lands subject to contracts of sale that have been forfeited, are governed by the provisions of this section.

      2.  Whenever the state land registrar deems it to be in the best interests of the State of Nevada that any lands owned by the state and not used or set apart for public purposes be sold, he may, with the approval of the state board of examiners and the interim finance committee, cause those lands to be sold at public auction or upon sealed bids, for cash or pursuant to contract of sale, at a price not less than their appraised value plus the costs of appraisal and publication of notice of sale.


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ê1997 Statutes of Nevada, Page 2981 (Chapter 593, AB 540)ê

 

board of examiners and the interim finance committee, cause those lands to be sold at public auction or upon sealed bids, for cash or pursuant to contract of sale, at a price not less than their appraised value plus the costs of appraisal and publication of notice of sale.

      3.  Before offering any land for sale, the state land registrar shall cause it to be appraised by a competent appraiser.

      4.  After receipt of the report of the appraiser, the state land registrar shall cause a notice of sale to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold is situated, and in such other newspapers as he deems appropriate. If there is no newspaper published in the county where the land to be sold is situated, the notice must be so published in a newspaper published in this state having a general circulation in the county where the land is situated.

      5.  The notice must contain:

      (a) A description of the land to be sold;

      (b) A statement of the terms of sale;

      (c) A statement of whether the land will be sold at public auction or upon sealed bids to the highest bidder;

      (d) If the sale is to be at public auction, the time and place of sale; and

      (e) If the sale is to be upon sealed bids, the place where the bids will be accepted, the first and last days on which the bids will be accepted, and the time when and place where the bids will be opened.

      6.  The state land registrar may reject any bid or offer to purchase if he deems the bid or offer to be:

      (a) Contrary to the public interest.

      (b) For a lesser amount than is reasonable for the land involved.

      (c) On lands which it may be more beneficial for the state to reserve.

      (d) On lands which are requested by the State of Nevada or any department, agency or institution thereof.

      7.  Upon acceptance of any bid or offer and payment to the state land registrar in accordance with the terms of sale specified in the notice of sale, the state land registrar shall convey title by quitclaim or cause a patent to be issued as provided in NRS 321.320 and 321.330.

      8.  The state land registrar may require any person requesting that state land be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the state land registrar in acting upon the application, including the costs of publication and the expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including the costs of publication and the expenses of appraisal, must be borne by the successful bidder.

      Sec. 2.  NRS 321.500 is hereby amended to read as follows:

      321.500  1.  The commission may, on behalf of the State of Nevada, purchase or otherwise acquire from the Federal Government all or any portion of the lands described in subsection 2, at intervals during any period when a purchase or acquisition may be made as provided by the Congress of the United States, including any extension of time granted by the Secretary of the Interior, or otherwise.


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ê1997 Statutes of Nevada, Page 2982 (Chapter 593, AB 540)ê

 

      2.  The lands referred to in subsection 1 are described as follows:

      (a) Parcel 1.  All of sections 1, 12 and 13; fractional sections 24 and 25, T. 33 S., R. 65 E.

      (b) Parcel 2.  All of sections 6, 7 and 8; fractional sections 4, 5, 9, 10 and 15, all of section 16, fractional section 17, all of section 18, fractional sections 19, 20, 21, 30 and 31, T. 33 S., R. 66 E.

      (c) Parcel 3.  [East] All of sections 9, 10, 11, 14, 15 and 16, east 1/2 section 20, all of sections 21, 22, 23, fractional sections 24, 25 and 26, all of sections 27 and 28, east 1/2 section 29, southeast 1/4 section 31, fractional sections 32, 33, 34 and 35, T. 32 S., R. 66 E.

      (d) Parcel 4.  Fractional sections 4 and 5, T. 34 S., R. 66 E., and any other surveyed land or any unsurveyed land lying between the lands described in parcels 2, 3 and 4 and the Arizona-Nevada state line.

All range references in this subsection refer to Mount Diablo base and meridian.

      Sec. 3.  NRS 321.536 is hereby amended to read as follows:

      321.536  1.  The commission may use money in the Fort Mohave development account to purchase or otherwise acquire lands described in NRS 321.500 and 321.534 in an amount not to exceed $3,200,000.

      2.  After the allocation of money pursuant to subsection 1, the commission may use money in the Fort Mohave development account to administer the provisions of NRS 321.480 to 321.536, inclusive, and any other expenditures authorized by law.

      3.  After the allocation of money pursuant to subsections 1 and 2, the commission, with the concurrence of the board of county commissioners of Clark County, shall, pursuant to NRS 353.150 to 353.246, inclusive, prepare and submit a program for the use of the remaining money available in the Fort Mohave Valley development account to develop state and local capital improvements. The program may include the planning, design and construction of those improvements which develop the land in the Fort Mohave Valley or in the service area of any general improvement district, special district, town or city which contains all or a part of the land in the Fort Mohave Valley, or both. If the program is approved, the commission shall approve proper claims against the account made in conformance with the program in a manner which ensures that any claims concerning a particular capital improvement are approved and paid before any claims concerning another capital improvement are approved and paid.

      4.  After disposition of the money in the Fort Mohave Valley development account pursuant to subsections 1, 2 and 3, the commission may use any remaining money to:

      (a) Develop and dispose of any land described in NRS 321.534 acquired by the commission;

      (b) Purchase or otherwise acquire, develop and dispose of any other land [, including the land described in NRS 321.410,] which the commission is authorized to purchase, acquire, develop or dispose of; and

      (c) Perform any other acts authorized by the legislative commission.

      5.  Any money:

      (a) Received from the development or disposition of the land described in NRS 321.534; or


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ê1997 Statutes of Nevada, Page 2983 (Chapter 593, AB 540)ê

 

      (b) [Transferred from the Eldorado Valley development account pursuant to subsection 2 of NRS 321.470; or

      (c)] Received from the development or disposition of any other land which the commission acquires using money from the Fort Mohave Valley development account pursuant to paragraph (b) of subsection 4,

must be deposited in the Fort Mohave Valley development account.

      Sec. 4.  NRS 538.135 is hereby amended to read as follows:

      538.135  The director:

      1.  Is responsible for administering and carrying out the policies of the commission.

      2.  Shall direct and supervise all the technical and administrative activities of the commission.

      3.  Shall report to the commission all relevant and important matters concerning the administration of his office. He is subject to the supervision of the commission and is responsible, unless otherwise provided by law, for the conduct of the administrative function of the commission’s office.

      4.  Shall perform any lawful act which he considers necessary or desirable to carry out the purposes and provisions of this chapter, [NRS 321.390 to 321.470, inclusive,] NRS 321.480 to 321.536, inclusive, [NRS] and 538.010 to 538.251, inclusive, and any other provisions of law relating to the powers and duties of the commission.

      Sec. 5.  1.  NRS 321.390, 321.400, 321.410, 321.450, 321.460 and 321.470 are hereby repealed.

      2.  Sections 1 to 9, inclusive, of chapter 462, Statutes of Nevada 1975, at page 715, are hereby repealed.

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

________

 

CHAPTER 594, AB 541

Assembly Bill No. 541–Assemblymen Manendo, Buckley, Ohrenschall, Close, Koivisto, Price, Nolan, Segerblom, Collins, Herrera, Krenzer, Chowning, Bache, Williams, Perkins, Mortenson and Giunchigliani

CHAPTER 594

AN ACT relating to mobile homes; requiring a landlord of a mobile home park to maintain driveways within the park and sidewalks adjacent to the street; prohibiting a landlord of a mobile home park from purchasing a mobile home within the park in certain circumstances; requiring the manufactured housing division of the department of business and industry to adopt regulations concerning continuing education requirements for sellers, dealers and installers of mobile homes; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 118B.090 is hereby amended to read as follows:

      118B.090  The landlord shall:

      1.  Maintain all common areas of the park in a clean and safe condition;


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ê1997 Statutes of Nevada, Page 2984 (Chapter 594, AB 541)ê

 

      2.  Maintain in good working order all electrical, plumbing and sanitary facilities, appliances and recreational facilities which he furnishes; [and]

      3.  Maintain in a safe and secure location individual mail boxes for the tenants if the mail is delivered to the landlord for distribution to the tenants [.] ; and

      4.  Maintain all driveways within the park and sidewalks adjacent to the street.

      Sec. 2.  NRS 118B.150 is hereby amended to read as follows:

      118B.150  The landlord or his agent or employee shall not:

      1.  Increase rent or additional charges unless:

      (a) The [rental] rent charged after the increase is the same rent charged for mobile homes of the same size or lots of the same size or of a similar location [or classification] within the park, except that a discount may be selectively given to persons who are [handicapped or who are 62] :

             (1) Handicapped;

             (2) Fifty-five years of age or older [, and any] ; or

             (3) Long-term tenants of the park if the landlord has specified in the rental agreement or lease the period of tenancy required to qualify for such a discount;

      (b) Any increase in additional charges for special services is the same amount for each tenant using the special service; and

      [(b)] (c) Written notice advising a tenant of the increase is received by the tenant 90 days before the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy. In addition to the notice provided to a tenant pursuant to this paragraph, if the landlord or his agent or employee knows or reasonably should know that the tenant receives assistance from the fund created pursuant to NRS 188B.215, the landlord or his agent or employee shall provide to the administrator written notice of the increase 90 days before the first payment to be increased.

      2.  Require a tenant to pay for an improvement to the common area of a mobile home park unless the landlord is required to make the improvement pursuant to an ordinance of a local government.

      3.  Require a tenant to pay for a capital improvement to the mobile home park unless the tenant has notice of the requirement at the time he enters into the rental agreement. A tenant may not be required to pay for a capital improvement after the tenant enters into the rental agreement unless the tenant consents to it in writing or is given 60 days’ notice of the requirement in writing. The landlord may not establish such a requirement unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposal. A notice in a periodic publication of the park does not constitute notice for the purposes of this subsection.

      4.  Require a tenant to pay his rent by check or money order.

      5.  Require a tenant who pays his rent in cash to apply any change to which he is entitled to the next periodic payment that is due. The landlord or his agent or employee shall have an adequate amount of money available to provide change to such a tenant.


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ê1997 Statutes of Nevada, Page 2985 (Chapter 594, AB 541)ê

 

or his agent or employee shall have an adequate amount of money available to provide change to such a tenant.

      6.  Prohibit or require fees or deposits for any meetings held in the park’s community or recreational facility by the tenants or occupants of any mobile home or recreational vehicle in the park to discuss the park’s affairs, or any political or social meeting sponsored by a tenant, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of those meetings.

      7.  Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages.

      8.  Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and holidays excluded, and if the park is a secured park, a guest may be required to register upon entering and leaving.

      9.  Charge a fee for a guest who does not stay with the tenant for more than a total of 60 days in a calendar year. The tenant of a mobile home lot who is living alone may allow one other person to live in his home without paying an additional charge or fee, unless such a living arrangement constitutes a violation of chapter 315 of NRS. No agreement between a tenant and his guest alters or varies the terms of the rental contract between the tenant and the landlord and the guest is subject to the rules and regulations of the landlord.

      10.  Prohibit a tenant from erecting a fence along the perimeter of the tenant’s lot if the fence complies with any standards for fences established by the landlord, including limitations established for the height of fences, the materials used for fences and the manner in which fences are to be constructed.

      11.  Prohibit any tenant from soliciting membership in any association which is formed by the tenants who live in the park. As used in this subsection, “solicit” means to make an oral or written request for membership or the payment of dues or to distribute, circulate or post a notice for payment of those dues.

      12.  Prohibit a public officer or candidate for public office from walking through the park to talk with the tenants.

      Sec. 3.  NRS 118B.160 is hereby amended to read as follows:

      118B.160  The landlord or his agent or employee shall not:

      1.  Deny any tenant the right to sell his mobile home or recreational vehicle within the park or require the tenant to remove the mobile home or recreational vehicle from the park solely on the basis of the sale, except as otherwise provided in NRS 118B.170.

      2.  Prohibit any tenant desiring to sell his mobile home or recreational vehicle within the park from advertising the location of the home or vehicle and the name of the mobile home park or prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the home or vehicle.

      3.  Require that he be an agent of an owner of a mobile home or recreational vehicle who desires to sell the home or vehicle.


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ê1997 Statutes of Nevada, Page 2986 (Chapter 594, AB 541)ê

 

      4.  Unless subleasing of lots is prohibited by a rental agreement or lease, prohibit a tenant from subleasing his mobile home lot if the prospective subtenant meets the general requirements for tenancy in the park.

      5.  Require a tenant to make any additions to his mobile home unless those additions are required by an ordinance of a local government.

      6.  Purchase a mobile home within the park if he has denied:

      (a) A tenant the right to sell that mobile home; or

      (b) A prospective buyer the right to purchase that mobile home.

      Sec. 4.  Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

      Sec. 5.  1.  The division shall adopt regulations concerning continuing education requirements for installers, rebuilders and servicemen of mobile homes. The regulations must include the:

      (a) Criteria for determining what qualifies as continuing education;

      (b) Criteria for approving educational and training programs;

      (c) Requirements for submitting evidence of completion; and

      (d) Grounds and procedures for granting an extension of time within which to comply with continuing education requirements.

      2.  In adopting regulations pursuant to subsection 1, the division shall:

      (a) Allow for alternative subjects, instructors, schools and sources of programs, with consideration for specialized areas of practice, availability and proximity of resources to the licensees and applicants, and the time and expense required to participate in the programs.

      (b) Approve courses offered by generally accredited educational institutions and private vocational schools if those courses otherwise qualify as continuing education.

      (c) Approve training and educational programs and seminars offered by:

             (1) Individual sponsors;

             (2) Manufactured housing firms and businesses such as dealers, installers, rebuilders, servicemen, manufacturers of manufactured homes and suppliers of the various components for constructing homes, including heating and air-conditioning systems, material for roofing and siding, skirting, awnings and other components;

             (3) Professional and industry-related organizations; and

             (4) Other organized educational programs concerning technical or specialized subjects, including in-house training programs offered by an employer for his employees and participation in meetings and conferences of industry-related organizations.

      (d) Solicit advice and assistance from persons and organizations that are knowledgeable in the construction, sale, installation, rebuilding and servicing of manufactured homes and the method of educating licensees.

      3.  The division is not responsible for the costs of any continuing education program, but may participate in the funding of those programs subject to legislative appropriations.

      4.  As used in this section, “industry-related organizations” includes, without limitation, the:

      (a) National Manufactured Housing Federation;

      (b) Manufactured Housing Institute;

      (c) Nevada Mobilehome Park Owners Association;


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

ê1997 Statutes of Nevada, Page 2987 (Chapter 594, AB 541)ê

 

      (d) Nevada Association of Manufactured Homeowners;

      (e) Nevada Association of Realtors; and

      (f) Any other organization approved by the division.

      Sec. 6.  If a licensee is an installer, rebuilder or serviceman of mobile homes, the division shall not renew a license issued to that licensee until the licensee has submitted proof satisfactory to the division that he has, during the 2-year period immediately preceding the renewal of the license, completed at least 8 hours of continuing education approved by the division pursuant to section 5 of this act.

      Sec. 7.  The manufactured housing division of the department of business and industry shall adopt the regulations required by section 5 of this act no later than October 1, 1997.

      Sec. 8.  1.  This section and sections 4, 5 and 7 of this act become effective upon passage and approval.

      2.  Sections 1, 2 and 3 of this act become effective on October 1, 1997.

      3.  Section 6 of this act becomes effective on October 1, 1998.

________

 

CHAPTER 595, AB 542

Assembly Bill No. 542–Assemblywoman Cegavske

CHAPTER 595

AN ACT relating to identification cards for certain persons; authorizing the department of motor vehicles and public safety to issue identification cards to certain persons; providing that the address on an identification card may be changed without having to pay a fee; requiring that the unique identification number that appears on an identification card not be based on the holder’s social security number; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  Upon the application of a person who is a seasonal resident of this state, the department shall place on any identification card issued to the person pursuant to NRS 483.810 to 483.890, inclusive:

      1.  A designation indicating that the person is a seasonal resident; and

      2.  A statement indicating that the person holds a valid driver’s license from another state or jurisdiction.

      Sec. 3.  The director shall, by regulation, define “seasonal resident” as the term is used in chapters 482 and 483 of NRS.

      Sec. 4.  NRS 483.810 is hereby amended to read as follows:

      483.810  The legislature finds and declares that:

      1.  A need exists in this state for the creation of a system of identification

for [residents] :


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

ê1997 Statutes of Nevada, Page 2988 (Chapter 595, AB 542)ê

 

      (a) Residents who are 10 years of age or older and who do not hold a valid driver’s license or identification card from any state or jurisdiction; and

      (b) Seasonal residents who are 10 years of age or older and who do not hold a valid Nevada driver’s license.

      2.  To serve this purpose, official identification cards must be prepared for issuance to those residents and seasonal residents who are 10 years of age or older and who wish to apply for them. The cards must be designed in such form and distributed pursuant to such controls that they will merit the general acceptability of drivers’ licenses for personal identification.

      Sec. 5.  NRS 483.820 is hereby amended to read as follows:

      483.820  1.  [Every] A person who makes an application pursuant to this chapter who:

      (a) Is a resident of this state and is 10 years of age or older and does not hold a valid driver’s license or identification card from any state or jurisdiction; or

      (b) Is a seasonal resident who does not hold a valid Nevada driver’s license , [and makes an application as provided in this chapter]

is entitled to receive an identification card.

      2.  The department shall charge and collect the following fees for issuance of an original, duplicate and changed identification card:

 

An original or duplicate identification card issued to a person 65 years of age or older......................................................................................             $4

An original or duplicate identification card issued to a person under 18 years of age.........................................................................................               3

An original or duplicate identification card issued to any other person              9

A new photograph, change of name, change of [address] other information, except address, or any combination.....................................               4

 

      3.  The department shall not charge a fee for an identification card issued to a person who has voluntarily surrendered his driver’s license pursuant to NRS 483.420.

      Sec. 6.  NRS 483.840 is hereby amended to read as follows:

      483.840  1.  The form of the identification cards must be similar to that of drivers’ licenses but distinguishable in color or otherwise.

      2.  Identification cards do not authorize the operation of any motor vehicles.

      3.  Identification cards must include the following information concerning the holder:

      (a) Name and sample signature of holder.

      (b) The unique identification number assigned to the holder which must not be based on the holder’s social security number, if any.

      (c) Personal description.

      (d) Date of birth.

      (e) Current address [.] in this state.

      (f) A colored photograph of the holder in full face if he is 21 years of age or older, or a colored photograph in profile if he is under 21 years of age.


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

ê1997 Statutes of Nevada, Page 2989 (Chapter 595, AB 542)ê

 

      4.  At the time of the issuance of the identification card, the department shall give the holder the opportunity to indicate on his identification card that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses to make an anatomical gift of his body or part of his body.

      Sec. 7.  NRS 483.850 is hereby amended to read as follows:

      483.850  1.  Every application for an identification card must be made upon a form provided by the department and include:

      (a) The applicant’s full name.

      (b) His social security number, if any.

      (c) His date of birth.

      (d) His state of legal residence.

      (e) His current address [.] in this state, unless the applicant is on active duty in the military service of the United States.

      (f) A statement from:

             (1) A resident stating that he does not hold a valid driver’s license or identification card from any state or jurisdiction; or

             (2) A seasonal resident stating that he does not [possess] hold a valid Nevada driver’s license.

      2.  When the form is completed, the applicant [shall] must sign the form and verify the contents before a person authorized to administer oaths.

      3.  At the time of applying for an identification card, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

      Sec. 8.  NRS 483.870 is hereby amended to read as follows:

      483.870  1.  An identification card [once] that is issued to:

      (a) A seasonal resident remains valid so long as the person does not become licensed in Nevada to drive a motor vehicle and the facts and circumstances declared in the application and stated in the card do not change. An identification card must be surrendered by a seasonal resident upon issuance of a Nevada driver’s license.

      (b) A resident remains valid so long as the person does not become licensed in any state or jurisdiction to drive a motor vehicle and the facts and circumstances declared in the application and stated in the card do not change. An identification card must be surrendered by a resident upon issuance of a driver’s license from any state or jurisdiction.

      2.  The holder of an identification card shall promptly report any change in the information declared in the application and stated in the card to the department.

      3.  Any change occurring in the holder’s address or name as the result of marriage or otherwise or any loss of an identification card must be reported within 10 days after the occurrence to the department.

      Sec. 9.  This act becomes effective on July 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 2990ê

 

CHAPTER 596, AB 545

Assembly Bill No. 545–Committee on Transportation

CHAPTER 596

AN ACT relating to motor carriers; prohibiting a common motor carrier from operating or permitting the operation of a vehicle in passenger service without a certificate of public convenience and necessity; authorizing a law enforcement officer to tow certain vehicles being operated without a certificate of public convenience and necessity under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.756 is hereby amended to read as follows:

      706.756  1.  Except as otherwise provided in subsection 2, any person who:

      (a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

      (b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, or by the commission or the department pursuant to the provisions of NRS 706.011 to 706.861, inclusive;

      (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive;

      (d) Fails to obey any order, decision or regulation of the commission or the department;

      (e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation;

      (f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive;

      (g) Advertises as providing the services of a fully regulated carrier without including the number of his certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

      (h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

      (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

      (j) Operates or causes to be operated a vehicle which does not have the proper identifying device;

      (k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been canceled, revoked, suspended or altered;

      (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or


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

ê1997 Statutes of Nevada, Page 2991 (Chapter 596, AB 545)ê

 

      (m) Refuses or fails to surrender to the commission or department any certificate, permit, license or identifying device which has been suspended, canceled or revoked pursuant to the provisions of this chapter,

is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

      2.  A person convicted of a misdemeanor for a violation of the provisions of NRS 706.386 or 706.421 shall be punished:

      (a) For the first offense by a fine of not less than $500 nor more than $1,000;

      (b) For a second offense within 12 consecutive months and each subsequent offense by a fine of $1,000; or

      (c) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.

      3.  Any person who operates or permits the operation of a vehicle in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.391 is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, he may cause the vehicle to be towed immediately from the scene.

      4.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

      [4.] 5.  Any bail allowed must not be less than the appropriate fine provided for by this section.

      Sec. 2.  NRS 706.885 is hereby amended to read as follows:

      706.885  1.  Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the taxicab authority or the administrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, is guilty of a misdemeanor.

      2.  The taxicab authority or administrator may at any time, for good cause shown and upon at least 5 days’ notice to the grantee of any certificate or driver’s permit, and after a hearing unless waived by the grantee, penalize the grantee of a certificate to a maximum amount of $15,000 or penalize the grantee of a driver’s permit to a maximum amount of $500 or suspend or revoke the certificate or driver’s permit granted by it or him, respectively, for:

      (a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, or any regulation of the taxicab authority or administrator.

      (b) Knowingly permitting or requiring any employee to violate any provision of NRS 706.881 to 706.885, inclusive, or any regulation of the taxicab authority or administrator.

If a penalty is imposed on the grantee of a certificate pursuant to this section, the taxicab authority or administrator may require the grantee to pay the costs of the proceeding, including investigative costs and attorney’s fees.

      3.  When a driver or certificate holder fails to appear at the time and place stated in the notice for the hearing, the administrator shall enter a finding of default. Upon a finding of default, the administrator may suspend or revoke the license, permit or certificate of the person who failed to appear and impose the penalties provided in this chapter.


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

ê1997 Statutes of Nevada, Page 2992 (Chapter 596, AB 545)ê

 

or revoke the license, permit or certificate of the person who failed to appear and impose the penalties provided in this chapter. For good cause shown, the administrator may set aside a finding of default and proceed with the hearing.

      4.  Any person who operates or permits a taxicab to be operated in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, he may cause the vehicle to be towed immediately from the scene.

      5.  The conviction of a person pursuant to subsection 1 does not bar the taxicab authority or administrator from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or suspension or revocation of any certificate, permit or license by the taxicab authority or administrator does not operate as a defense in any proceeding brought under subsection 1.

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

      Sec. 4.  The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.

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

________

 

CHAPTER 597, AB 546

Assembly Bill No. 546–Committee on Transportation

CHAPTER 597

AN ACT relating to motor vehicles; revising the provisions governing the licensing of short-term lessors of motor vehicles; imposing additional fees on such short-term lessors; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.323 is hereby amended to read as follows:

      482.323  1.  Except as otherwise provided in subsections 2 and 3, every vehicle dealer shall maintain an established place of business in this state which:

      (a) Includes a permanent enclosed building, owned in fee or leased, with sufficient space to display one or more vehicles which the dealer is licensed to sell; and

      (b) Is principally used by the dealer to conduct his business.

      2.  Every used vehicle dealer, trailer dealer or semitrailer dealer shall maintain an established place of business in this state which has:

      (a) Sufficient space to display one or more vehicles;

      (b) Boundaries which are clearly marked; and

      (c) A permanent enclosed building large enough to accommodate his office and provide a safe place to keep the books and other records of his business.


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

ê1997 Statutes of Nevada, Page 2993 (Chapter 597, AB 546)ê

 

      3.  A short-term lessor [must designate] shall:

      (a) Designate his principal place of business as his established place of business [.] and each other location where he conducts business as a branch that is operated pursuant to the license for the principal place of business.

      (b) Notify the department of each branch at which he conducts business by filing, on forms provided by the department, such information pertaining to each branch as required by the department.

      4.  Every broker shall maintain an established place of business in this state which is in a permanent building with sufficient space to accommodate his office.

      Sec. 2.  NRS 482.327 is hereby amended to read as follows:

      482.327  1.  If a vehicle dealer , other than a short-term lessor, has one or more branches, he shall procure from the department a license for each branch in addition to the license issued for his principal place of business.

      2.  The department shall specify on each license it issues:

      (a) The name of the licensee;

      (b) The location for which the license is issued; and

      (c) The name under which the licensee does business at that location.

      3.  The department shall, by regulation, provide for the issuance of a temporary license for a licensed dealer to conduct business at a temporary location. Any such regulations must include the imposition of a reasonable fee for the issuance of the temporary license.

      Sec. 3.  NRS 482.363 is hereby amended to read as follows:

      482.363  1.  [Any person, other than an owner of a vehicle who leases it to a carrier and operates the vehicle pursuant to that lease, or a new or used vehicle dealer, licensed under the provisions of NRS 482.325,] Except as otherwise provided in subsection 6, a person who engages in the leasing of vehicles in this state as a long-term or short-term lessor [,] shall:

      (a) Secure a license from the department to conduct the leasing business;

      (b) Post a bond;

      (c) Furnish the department with any other information as may be required;

      (d) Comply with the terms and conditions of this chapter which apply to vehicle dealers; and

      (e) Pay a license fee of $125.

      2.  Except as otherwise provided in subsection 6, a short-term lessor shall, in addition to the license fee specified in subsection 1, pay a fee of $125 for each branch to be operated pursuant to the license.

      3.  Any person employed by a long-term lessor licensed under the provisions of subsection 1 who engages in the practice of arranging or selling such services, and any person employed by a short-term lessor who sells, offers or displays for sale or exchange vehicles which are owned by such short-term lessor shall, before commencing operations, and annually thereafter:

      (a) Secure from the department a license to act as a salesman of such services; and

      (b) Comply with the terms and conditions which apply to salesmen of vehicles as specified in NRS 482.362.


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

ê1997 Statutes of Nevada, Page 2994 (Chapter 597, AB 546)ê

 

      [3.] 4.  Licenses issued pursuant to subsection 1 expire on December 31 of each year. Before December 31 of each year, licensees shall furnish the department with an application for renewal of the license accompanied by an annual renewal fee of $50. Except as otherwise provided in subsection 6, a short-term lessor shall, in addition to the annual renewal fee, pay an annual fee of $50 for each branch to be operated pursuant to the license. The renewal application must be provided by the department and must contain information required by the department.

      [4.] 5.  The provisions of NRS 482.352, relating to the denial, revocation or suspension of licenses, apply to licenses issued pursuant to the provisions of subsection 1. The provisions of NRS 482.362, relating to the denial, revocation, suspension and transfer of vehicle salesmen’s licenses, apply to licenses issued pursuant to the provisions of subsection [2.

      5.] 3.

      6.  The provisions of subsections 1, 2 and 4 which relate to the licensing of lessors of vehicles do not apply to:

      (a) An owner of a vehicle who leases it to a carrier and operates the vehicle pursuant to that lease; or

      (b) A new or used vehicle dealer licensed pursuant to the provisions of NRS 482.325 who engages in the leasing of vehicles in this state as a long-term lessor.

      7.  As used in this section, “carrier” has the meaning ascribed to it in section 3 of [this act.] Assembly Bill No. 133 of this session.

      Sec. 4.  Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1997.

________

 

CHAPTER 598, AB 547

Assembly Bill No. 547–Committee on Government Affairs

CHAPTER 598

AN ACT relating to public works projects; requiring the state public works board to adopt criteria and procedures to determine the qualifications of applicants to be bidders on contracts for public works projects of this state; requiring certain general contractors to require certain subcontractors to provide a bond; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 339.025 is hereby amended to read as follows:

      339.025  1.  Before any contract, except one subject to the provisions of chapter 408 of NRS, exceeding $20,000 for any project for the new construction, repair or reconstruction of any public building or other public work or public improvement of any contracting body is awarded to any contractor, he [must] shall furnish to the contracting body the following bonds which become binding upon the award of the contract to the contractor:


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

ê1997 Statutes of Nevada, Page 2995 (Chapter 598, AB 547)ê

 

      (a) A performance bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract. The bond must be solely for the protection of the contracting body which awarded the contract.

      (b) A payment bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount. The bond must be solely for the protection of claimants supplying labor or materials to the contractor to whom the contract was awarded, or to any of his subcontractors, in the prosecution of the work provided for in such contract.

      2.  If a general contractor has been awarded a contract, except one subject to the provisions of chapter 408 of NRS, by the state public works board for any project for new construction, repair or reconstruction of any public building or other public work or public improvement, each of his subcontractors who will perform work on the contract that exceeds $50,000 or 1 percent of the proposed project, whichever amount is greater, shall furnish a bond to the board in an amount to be fixed by the board.

      3.  Each of the bonds required pursuant to this section must be executed by one or more surety companies authorized to do business in the State of Nevada. If the contracting body is the State of Nevada or any officer, employee, board, bureau, commission, department, agency or institution thereof, the bonds must be payable to the State of Nevada. If the contracting body is other than one of those enumerated in this subsection, the bonds must be payable to the other contracting body.

      [3.] 4.  Each of the bonds must be filed in the office of the contracting body which awarded the contract for which the bonds were given.

      [4.] 5.  Nothing in this section prohibits a contracting body from requiring bonds.

      Sec. 2.  Chapter 341 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board shall adopt regulations establishing the criteria and procedures for determining the qualification of applicants to be bidders on contracts for public works projects of this state. The board shall use the criteria and procedures to award contracts for public works projects of this state.

      2.  The criteria adopted by the board pursuant to subsection 1 must include, without limitation, an evaluation of:

      (a) The financial ability of the applicant to provide the necessary bond for the contract;

      (b) The principal personnel of the applicant;

      (c) The performance history of the applicant concerning other recent projects completed by the applicant in this state;

      (d) Any breach of contract of the applicant on a prior contract, other than a breach for legitimate cause;

      (e) Whether the applicant has ever been disqualified from being awarded a contract pursuant to NRS 338.017 or 338.145; and

      (f) The safety program and safety record of the applicant.


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

ê1997 Statutes of Nevada, Page 2996 (Chapter 598, AB 547)ê

 

      3.  The regulations adopted pursuant to this section must include, without limitation, a procedure and deadlines for:

      (a) Investigating an applicant and determining whether he is qualified to bid on a contract for a public works project of this state based on the criteria established pursuant to this section;

      (b) Notifying an applicant of the determination of the board regarding his application; and

      (c) A hearing and appeal by an applicant whose application for qualification has been denied by the board.

      4.  The board shall, not less than 45 days before advertising for bids concerning a public works project, notify by advertisement in a newspaper of general circulation in this state that the contract for the public works project requires a determination that the applicant is qualified to bid on the contract pursuant to this section.

      5.  An applicant determined to be qualified by the board pursuant to this section must apply each year to renew his qualification in the manner provided in the regulations adopted pursuant to this section.

      6.  Any information and data pertaining to the net worth of an applicant which are gathered by or provided to the board for a determination of qualification pursuant to this section are confidential and not open to public inspection.

      Sec. 3.  This act becomes effective upon passage and approval for the purpose of adopting the regulations required pursuant to section 2 of this act and on October 1, 1997, for all other purposes.

________

 

CHAPTER 599, AB 552

Assembly Bill No. 552–Committee on Transportation

CHAPTER 599

AN ACT relating to special license plates; revising the provisions governing the fees collected by the department of motor vehicles and public safety for the issuance and renewal of certain special license plates; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.265 is hereby amended to read as follows:

      482.265  1.  The department shall furnish to every owner whose vehicle [shall be] is registered two license plates for a motor vehicle other than a motorcycle or power cycle, and one license plate for all other vehicles required to be registered hereunder. Upon renewal of registration, the department may issue one or more license plate stickers, tabs or other suitable devices in lieu of new license plates.

      2.  The director shall have the authority to require the return to the department of all number plates upon termination of the lawful use thereof by the owner under this chapter.

      3.  Except as otherwise specifically provided by statute, for the issuance of each special license plate authorized pursuant to this chapter:


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

ê1997 Statutes of Nevada, Page 2997 (Chapter 599, AB 552)ê

 

      (a) The fee to be received by the department for the initial issuance of the special license plate is $35, exclusive of any additional fee which may be added to generate funds for a particular cause or charitable organization;

      (b) The fee to be received by the department for the renewal of the special license plate is $10, exclusive of any additional fee which may be added to generate financial support for a particular cause or charitable organization; and

      (c) The department shall not design, prepare or issue a special license plate unless, within 4 years after the date on which the measure authorizing the issuance becomes effective, it receives at least 250 applications for the issuance of that plate.

      Sec. 2.  NRS 482.270 is hereby amended to read as follows:

      482.270  1.  Except as otherwise provided [in NRS 482.3747, 482.3775, 482.379 to 482.3794, inclusive, section 1 of Senate Bill No. 9 of this session and section 1 of this act, or NRS 482.384,] by specific statute, the director shall order the preparation of motor vehicle license plates with no other colors than blue and silver. The director may substitute white in place of silver when no suitable material is available.

      2.  The director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

      3.  Every license plate must have displayed upon it:

      (a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;

      (b) The name of the state, which may be abbreviated;

      (c) If issued for a calendar year, the year; and

      (d) If issued for a registration period other than a calendar year, the month and year the registration expires.

      4.  The letters I and Q must not be used in the designation.

      5.  Except as otherwise provided in NRS 482.379, all letters and numbers must be of the same size.

      Sec. 3.  NRS 482.3672 is hereby amended to read as follows:

      482.3672  1.  An owner of a motor vehicle who is a resident of this state and who is regularly employed or engaged as an editor, reporter or photographer by a newspaper or television or radio station may, upon signed application on a form prescribed and provided by the department, accompanied by:

      (a) The fee charged for personalized prestige license plates in NRS 482.367 in addition to all other required registration fees and taxes; and

      (b) A letter from the news director, editor or publisher of the periodical or station by whom he is employed, be issued license plates upon which is inscribed PRESS with three consecutive numbers.


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

ê1997 Statutes of Nevada, Page 2998 (Chapter 599, AB 552)ê

 

be issued license plates upon which is inscribed PRESS with three consecutive numbers.

      2.  Each person who is eligible for special license plates under this section may apply for one set of plates. The plates may be used only on a private passenger vehicle or a noncommercial truck.

      3.  When a person to whom special license plates have been issued pursuant to this section leaves the service of the newspaper or station which has provided the letter required by subsection 1, he shall surrender any special plates in his possession to the department and is entitled to receive regular Nevada license plates. Surrendered plates may be reissued or disposed of in a manner authorized by the regulations of the department.

      4.  The department may adopt regulations governing the issuance of special license plates to members of the press.

      5.  Special license plates issued pursuant to this section are renewable upon the payment of $10.

      Sec. 4.  NRS 482.3675 is hereby amended to read as follows:

      482.3675  1.  An owner of a motor vehicle who is a United States citizen or a citizen of a foreign country residing in this state and who holds from a foreign country a letter of appointment as an honorary consul may, upon signed application on a form prescribed and provided by the department, accompanied by:

      (a) The fee charged for personalized prestige license plates in NRS 482.367 in addition to all other required registration fees and taxes; and

      (b) A copy of the letter of appointment from that country,

be issued a set of license plates upon which is inscribed CONSULAR CORPS with three consecutive numbers.

      2.  Each person who is eligible for special license plates under this section may apply for one set of plates. The plates may be used only on a private passenger vehicle or a noncommercial truck.

      3.  When a person to whom special license plates have been issued pursuant to this section loses his status as an honorary consul, he shall surrender any special plates in his possession to the department and is entitled to receive regular Nevada license plates. Surrendered plates may be reissued or disposed of in a manner authorized by the regulations of the department.

      4.  The department may adopt regulations governing the issuance of special license plates to honorary consuls of foreign countries. The department shall include on the form for application a notice to the applicant that the issuance of such license plates does not confer any diplomatic immunity.

      5.  Special license plates issued pursuant to this section are renewable upon the payment of $10.

      Sec. 5.  NRS 482.375 is hereby amended to read as follows:

      482.375  1.  An owner of a motor vehicle who is a resident of the State of Nevada and who holds an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application accompanied by proof of ownership of that license, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for plates as prescribed by law, and the payment of an additional fee of [$25,] $35, must be issued a license plate or plates, upon which in lieu of the numbers as prescribed by law must be inscribed the words “RADIO AMATEUR” and the official amateur radio call letters of the applicant as assigned by the Federal Communications Commission.


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

ê1997 Statutes of Nevada, Page 2999 (Chapter 599, AB 552)ê

 

prescribed by law, and the payment of an additional fee of [$25,] $35, must be issued a license plate or plates, upon which in lieu of the numbers as prescribed by law must be inscribed the words “RADIO AMATEUR” and the official amateur radio call letters of the applicant as assigned by the Federal Communications Commission. The annual fee for a renewal sticker is [$15] $10 unless waived by the department pursuant to subsection 2. The plate or plates may be used only on a private passenger car, trailer or travel trailer or on a noncommercial truck.

      2.  The department may waive the annual fee for a renewal sticker if the applicant for renewal:

      (a) Submits with his application for renewal a statement under penalty of perjury that he will assist in communications during local, state and federal emergencies; and

      (b) Satisfies any other requirements established by the department by regulation for such a waiver.

      3.  The cost of the die and modifications necessary for the issuance of a license plate pursuant to this section must be paid from private sources without any expense to the State of Nevada.

      4.  The department may adopt regulations:

      (a) To ensure compliance with all state license laws relating to the use and operation of a motor vehicle before issuance of the plates in lieu of the regular Nevada license plate or plates.

      (b) Setting forth the requirements and procedure for obtaining a waiver of the annual fee for a renewal sticker.

      5.  All applications for the plates authorized by this section must be made to the department.

      Sec. 6.  NRS 482.3755 is hereby amended to read as follows:

      482.3755  1.  An owner of a motor vehicle who is a resident of this state and is a member of the Nevada Wing of the Civil Air Patrol may, upon application on a form prescribed and furnished by the department, signed by the member and his commanding officer and accompanied by proof of membership, be issued license plates upon which is inscribed CIVIL AIR PATROL with four consecutive numbers. The fee for the special license plates is $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The annual fee for a renewal sticker is [$15.] $10.

      2.  Each member may request two sets of license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The license plates may only be used on private passenger vehicles or noncommercial trucks.

      3.  Any member of the Nevada Wing of the Civil Air Patrol who retires or is honorably discharged may retain any license plates issued to him pursuant to subsection 1. If a member is dishonorably discharged, he shall surrender any of these special plates in his possession to the department at least 10 days before his discharge and, in lieu of those plates, is entitled to receive regular Nevada license plates.


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

ê1997 Statutes of Nevada, Page 3000 (Chapter 599, AB 552)ê

 

      Sec. 7.  NRS 482.3775 is hereby amended to read as follows:

      482.3775  1.  A person who qualifies pursuant to this section may register one passenger car or light commercial vehicle having a manufacturer’s rated carrying capacity of 1 ton or less, for his own personal use. A veteran of the Armed Forces of the United States who was awarded the Purple Heart is entitled to a specially designed license plate which indicates that he is a recipient of the Purple Heart.

      2.  The department shall issue a specially designed license plate for any person qualified pursuant to this section who submits an application on a form prescribed by the department and evidence of his status as a recipient of the Purple Heart as required by the department. The department may designate any appropriate colors for the special plates.

      3.  If, during a registration year, the holder of a special plate issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the department.

      4.  [The fee for the special license plate is $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The annual fee for a renewal sticker is $15.] Except as otherwise provided in this subsection, no fee in addition to the applicable registration and license fees and motor vehicle privilege taxes may be charged for the issuance or renewal of special license plates issued pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of $5.

      Sec. 8.  NRS 482.380 is hereby amended to read as follows:

      482.380  1.  The department may issue special motor vehicle license plates from year to year to a person who has resided in the State of Nevada for a period of 6 months preceding the date of application for the license plates and who owns a motor vehicle which is a model manufactured during or before 1915.

      2.  To administer the provisions of this section, the department may recognize the Horseless Carriage Club of Nevada as presently constituted as the official Horseless Carriage Club of Nevada and to designate and appoint one member of the board of directors of the Horseless Carriage Club of Nevada to act as and be an ex officio deputy of the department and to perform the duties and functions prescribed by this section without compensation, per diem allowance or travel expenses.

      3.  An applicant for license plates pursuant to the provisions of this section must:

      (a) Fill out and sign an application for license plates on a form prescribed and furnished by the ex officio deputy for licensing antique motor vehicles.

      (b) Present evidence of his eligibility for license plates by showing, to the satisfaction of the ex officio deputy, residence in this state for 6 months preceding the date of application and ownership of an antique motor vehicle which is a model manufactured during or before 1915.


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

ê1997 Statutes of Nevada, Page 3001 (Chapter 599, AB 552)ê

 

preceding the date of application and ownership of an antique motor vehicle which is a model manufactured during or before 1915.

      (c) Present a certificate of inspection issued by a committee, or member thereof, appointed by the board of directors of the Horseless Carriage Club of Nevada verifying that the antique motor vehicle is in safe and satisfactory mechanical condition, is in good condition and state of repair, is well equipped and is covered by a policy of insurance covering public liability and property damage written by an insurance company qualified to do business in this state with limits of not less than $10,000 for each person nor less than $20,000 for each accident, and not less than $5,000 for property damage and which otherwise meets the requirements of chapter 485 of NRS.

      (d) Exhibit a valid driver’s license authorizing the applicant to drive a motor vehicle on the highways of this state.

      (e) Pay the fee prescribed by the laws of this state for the operation of a passenger car, without regard to the weight or the capacity for passengers.

      (f) Pay such other fee as prescribed by the board of directors of the Horseless Carriage Club of Nevada necessary to defray all cost of manufacture, transportation and issuance of the special license plates.

      4.  The ex officio deputy for licensing antique motor vehicles shall each calendar year issue license plates, approved by the department, for each motor vehicle owned by an applicant who meets the requirements of subsection 3, subject to the following conditions:

      (a) The license plates must be numbered and issued consecutively each year beginning with “Horseless Carriage 1.”

      (b) The license plates must conform, as nearly as possible, to the color and type of license plate issued in this state for regular passenger cars.

      (c) The special license plates issued pursuant to this section must be specified, procured, transported and issued solely at the expense and cost of the Horseless Carriage Club of Nevada and without any expense to the State of Nevada.

      5.  The ex officio deputy for licensing antique motor vehicles shall pay quarterly to the department the prescribed fee as provided in paragraph (e) of subsection 3. The fees so received must be used, disbursed or deposited by the department in the same manner as provided by law for other fees for registration and licensing. All other fees collected to defray expenses must be retained by the board of directors of the Horseless Carriage Club of Nevada.

      6.  The license plates obtained pursuant to this section are in lieu of the license plates otherwise provided for in this chapter and are valid for the calendar year in which they are issued.

      7.  The department shall charge and collect the following fees for the issuance of these license plates, which fees are in addition to all other license fees and motor vehicle taxes:

      (a) For the first issuance ......................................................................... [$15].......... $35

      (b) For a renewal sticker .............................................................................. [5]............ 10

      Sec. 9.  NRS 482.381 is hereby amended to read as follows:

      482.381  1.  The department may issue special license plates and registration certificates to residents of Nevada for any motor vehicle which is a model manufactured more than 40 years before the date of application for registration pursuant to this section.


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

ê1997 Statutes of Nevada, Page 3002 (Chapter 599, AB 552)ê

 

is a model manufactured more than 40 years before the date of application for registration pursuant to this section.

      2.  License plates issued pursuant to this section must bear the inscription “Old Timer” and the plates must be numbered consecutively.

      3.  The Nevada Old Timer Club members shall bear the cost of the dies for carrying out the provisions of this section.

      4.  The department shall charge and collect the following fees for the issuance of these license plates, which fees are in addition to all other license fees and motor vehicle taxes:

      (a) For the first issuance ......................................................................... [$15].......... $35

      (b) For a renewal sticker .............................................................................. [5]............ 10

      Sec. 10.  NRS 482.3812 is hereby amended to read as follows:

      482.3812  1.  The department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

      (a) Having a manufacturer’s rated carrying capacity of 1 ton or less; and

      (b) Manufactured not later than 1948.

      2.  License plates issued pursuant to this section must be inscribed with the words STREET ROD and three or four consecutive numbers.

      3.  If during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the department.

      4.  The fee for the special license plates is $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The fee for an annual renewal sticker is [$20.] $10.

      Sec. 11.  NRS 482.3814 is hereby amended to read as follows:

      482.3814  1.  The department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

      (a) Having a manufacturer’s rated carrying capacity of 1 ton or less; and

      (b) Manufactured not earlier than 1949, but at least 20 years before the application is submitted to the department.

      2.  License plates issued pursuant to this section must be inscribed with the words CLASSIC ROD and three or four consecutive numbers.

      3.  If during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the department.


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

ê1997 Statutes of Nevada, Page 3003 (Chapter 599, AB 552)ê

 

      4.  The fee for the special license plates is $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The fee for an annual renewal sticker is [$20.] $10.

      Sec. 12.  NRS 482.500 is hereby amended to read as follows:

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

 

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

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

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

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

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

 

      2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

      (a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, [and] section 1 of [this act,] Assembly Bill No. 32 of this session and section 1 of Senate Bill No. 9 of this session, a fee of $10.

      (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

      (c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.

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

      4.  As used in this section:

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

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

      Sec. 13.  Chapter 502, Statutes of Nevada 1995, at page 1658, is hereby amended by adding thereto new sections designated as sections 4 and 5 to read as follows:

       Sec. 4.  On or before October 1, 1999, the department of motor vehicles and public safety shall determine and publicly declare the number of applications it has received for a license plate pursuant to section 1 of this act.

       Sec. 5.  The amendatory provisions of this act expire by limitation on October 1, 1999, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for a license plate pursuant to section 1 of this act.


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

ê1997 Statutes of Nevada, Page 3004 (Chapter 599, AB 552)ê

 

      Sec. 14.  Chapter 504, Statutes of Nevada 1995, at page 1662, is hereby amended by adding thereto new sections designated as sections 4 and 5 to read as follows:

       Sec. 4.  On or before October 1, 1999, the department of motor vehicles and public safety shall determine and publicly declare the number of applications it has received for a license plate pursuant to section 1 of this act.

       Sec. 5.  The amendatory provisions of this act expire by limitation on October 1, 1999, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for a license plate pursuant to section 1 of this act.

      Sec. 15.  Chapter 505, Statutes of Nevada 1995, at page 1664, is hereby amended by adding thereto new sections designated as sections 5 and 6 to read as follows:

       Sec. 5.  On or before October 1, 1999, the department of motor vehicles and public safety shall determine and publicly declare the number of applications it has received for a license plate pursuant to section 1 of this act.

       Sec. 6.  The amendatory provisions of this act expire by limitation on October 1, 1999, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for a license plate pursuant to section 1 of this act.

      Sec. 16.  Chapter 506, Statutes of Nevada 1995, at page 1667, is hereby amended by adding thereto new sections designated as sections 3 and 4 to read as follows:

       Sec. 3.  On or before October 1, 1999, the department of motor vehicles and public safety shall determine and publicly declare the number of applications it has received for a license plate pursuant to subsection 1 of section 1 of this act.

       Sec. 4.  The amendatory provisions of this act expire by limitation on October 1, 1999, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for a license plate pursuant to subsection 1 of section 1 of this act.

      Sec. 17.  Section 1 of Assembly Bill No. 32 of this session is hereby amended to read as follows:

       Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  Except as otherwise provided in this section, the department, in cooperation with the Grand Lodge of Free and Accepted Masons of the State of Nevada, shall design, prepare and issue license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons using any colors and designs which the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

       2.  The department shall issue license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons for a passenger car or a light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter.


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

ê1997 Statutes of Nevada, Page 3005 (Chapter 599, AB 552)ê

 

complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons.

       3.  An application for the issuance or renewal of license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons is void unless it has been stamped or otherwise validated by the Grand Lodge of Free and Accepted Masons. The Grand Lodge of Free and Accepted Masons may charge a fee for validating an application.

       4.  The fee payable to the department for license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons is $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The license plates are renewable upon the payment to the department of [$20] $10 in addition to all other applicable registration and license fees and motor vehicle privilege taxes.

       5.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:

       (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

       (b) Within 30 days after removing the plates from the vehicle, return them to the department.

       6.  For the purposes of this section, “Grand Lodge of Free and Accepted Masons” means the Grand Lodge of Free and Accepted Masons of the State of Nevada, or its successor, and any recognized sister jurisdiction or organization of the Grand Lodge of Free and Accepted Masons.

      Sec. 18.  Assembly Bill No. 529 of this session is hereby amended by adding thereto a new section to be designated as section 3, immediately following section 2, to read as follows:

       Sec. 3.  The amendatory provisions of this act expire by limitation on October 1, 2001, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of a license plate pursuant to section 1 of this act.

      Sec. 19.  Section 1 of Assembly Bill No. 590 of this session is hereby amended to read as follows:

       Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  The department shall, using any colors and designs that the department deems appropriate, design, prepare and issue license plates which indicate combined support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.


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

ê1997 Statutes of Nevada, Page 3006 (Chapter 599, AB 552)ê

 

department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

       2.  The department shall issue license plates that indicate combined support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America for a passenger car or a light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate combined support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America.

       3.  The fee for license plates that indicate combined support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America is $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The license plates are renewable upon the payment of [$20.] $10.

       4.  In addition to all fees for the license, registration and privilege taxes, a person who requests a set of license plates that indicate support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America must pay for the initial issuance of the plates an additional fee of $20.

       5.  The department shall distribute each fee collected pursuant to subsection 4 to the Nevada chapter of the Juvenile Diabetes Foundation International or to the Sickle Cell Disease Association of America in accordance with the preference expressed by the person at the time the fees are paid.

       6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:

       (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

       (b) Within 30 days after removing the plates from the vehicle, return them to the department.

      Sec. 20.  Section 1 of Senate Bill No. 457 of this session is hereby amended to read as follows:

       Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  The department shall, in cooperation with the Nevada commission on sports and using any colors and designs that the department deems appropriate, design, prepare and issue license plates which indicate status as a hall of fame athlete. The design of the license plates must include the words “hall of fame.”


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

ê1997 Statutes of Nevada, Page 3007 (Chapter 599, AB 552)ê

 

       2.  The department shall issue license plates that indicate status as a hall of fame athlete for a passenger car or a light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate status as a hall of fame athlete if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate status as a hall of fame athlete.

       3.  An application for the issuance or renewal of license plates that indicate status as a hall of fame athlete is void unless it is accompanied by documentation which, in the determination of the department, provides reasonable proof of identity and status as a hall of fame athlete.

       4.  The fee for license plates that indicate status as a hall of fame athlete must be:

       (a) Established by the department in an amount sufficient to reimburse the department for the cost of designing, manufacturing and stamping the plates.

       (b) In addition to all other applicable registration and license fees and motor vehicle privilege taxes.

The license plates are renewable upon the payment to the department of [$20] $10 in addition to all other applicable registration and license fees and motor vehicle privilege taxes.

       5.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:

       (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

       (b) Within 30 days after removing the plates from the vehicle, return them to the department.

       6.  As used in this section, “hall of fame athlete” means a current or former professional athlete who has been inducted into a hall of fame pertaining to the sport in which the athlete participates or participated professionally, including, but not limited to:

       (a) The National Baseball Hall of Fame, located in Cooperstown, New York.

       (b) The Basketball Hall of Fame, located in Springfield, Massachusetts.

       (c) The Pro Football Hall of Fame, located in Canton, Ohio.

       (d) The Hockey Hall of Fame, located in Toronto, Ontario, Canada.

       (e) The National Soccer Hall of Fame, located in Oneonta, New York.

       (f) The International Tennis Hall of Fame, located in Newport, Rhode Island.


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

ê1997 Statutes of Nevada, Page 3008 (Chapter 599, AB 552)ê

 

      Sec. 21.  1.  This section and sections 13 to 16, inclusive, of this act become effective upon passage and approval.

      2.  Sections 12 and 17 to 20, inclusive, of this act become effective at 12:01 a.m. on October 1, 1997.

      3.  Section 2 of this act becomes effective at 12:02 a.m. on October 1, 1997.

________

 

CHAPTER 600, AB 558

Assembly Bill No. 558–Assemblymen Chowning, Herrera, Goldwater, Krenzer, Cegavske, Close, Von Tobel, Giunchigliani, Evans, Collins, Mortenson, Sandoval, Gustavson, Lee, Koivisto, Parks, Buckley, Bache, Price, Anderson, Amodei, de Braga, Hickey, Neighbors and Hettrick

CHAPTER 600

AN ACT making an appropriation to the Clark County School District for the continuation of the pilot program for the instruction of pupils whose primary language is not English; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the Clark County School District the sum of $200,000 for the continuation of the pilot program for the instruction of pupils whose primary language is not English.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 


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ê1997 Statutes of Nevada, Page 3009ê

 

CHAPTER 601, AB 570

Assembly Bill No. 570–Committee on Infrastructure

CHAPTER 601

AN ACT relating to governmental services; providing for the creation of maintenance districts or units of assessment for the maintenance of landscaping, security walls and public lighting; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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 the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Landscaping” means trees, shrubs, grass and other ornamentation, whether natural or artificial, and includes drainage necessary for the maintenance thereof.

      Sec. 4.  “Public lighting” means works or improvements useful in lighting a street, sidewalk or other place used for a public purpose.

      Sec. 5.  “Security wall” has the meaning ascribed to it in NRS 271.203.

      Sec. 6.  1.  A person who proposes to divide land for transfer or development into four or more lots pursuant to NRS 278.360 to 278.460, inclusive, or chapter 278A of NRS, may, in lieu of providing for the creation of an association for a common-interest community, request the governing body of the jurisdiction in which the land is located to assume the maintenance of one or more of the following improvements located on the land:

      (a) Landscaping;

      (b) Public lighting; and

      (c) Security walls.

      2.  A request made pursuant to subsection 1 must be made in the form of a petition signed by a majority of the owners whose property will be assessed pursuant to subsection 4 and must set forth descriptions of all tracts of land that would be subject to such an assessment.

      3.  Upon receipt of the petition, the governing body shall determine the desirability of assuming the maintenance of the proposed improvements. If the governing body determines that it would be desirable to assume the maintenance of the improvements, the governing body shall by ordinance:

      (a) Create a maintenance district or unit of assessment consisting of the tracts of land set forth in the petition.

      (b) Establish the method for determining the amount of an assessment for the cost of the maintenance assumed by the governing body and the time and manner of payment of the assessment.

      (c) Provide that the assessment constitutes a lien upon the tracts of land or residential units thereon. The lien must be executed, and has the same priority, as a lien for property taxes.

      (d) Prescribe the levels of maintenance to be provided.


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ê1997 Statutes of Nevada, Page 3010 (Chapter 601, AB 570)ê

 

      (e) Determine the amount by which the public interest will benefit from the provision of the maintenance and allocate to the cost of providing the maintenance the appropriate amount of public money to pay for that part of the maintenance which creates the public benefit.

      (f) Address any other matters that the governing body determines to be relevant to the maintenance of the improvements.

      4.  The provisions of this section apply retroactively to a development with respect to which:

      (a) An agreement or agreements between the owners of tracts of land within the development and the developer allow for the provision of services in the manner set forth in this section; or

      (b) All of the owners of affected tracts of land agree in writing to be bound by the provisions of this section.

      Sec. 7.  1.  If a person who proposes to divide land for transfer or development into four or more lots pursuant to NRS 278.360 to 278.460, inclusive, or chapter 278A of NRS, decides to provide for the maintenance of landscaping, public lighting or security walls, or any combination thereof, through an association for a common-interest community, the governing body of the jurisdiction in which the land is located may, as a condition of the approval of any final map related to the proposal for the transfer or development of the land, require the association to adopt a plan for the maintenance of the improvements located on the land. The plan must include the proposed level of maintenance to be provided.

      2.  If the association fails to maintain the improvements in the manner set forth in the plan, the governing body may serve written notice upon the association, setting forth the manner in which the association has failed to maintain the improvements. The notice must:

      (a) Include a demand that the deficiencies of maintenance be cured within 30 days after receipt of the notice; and

      (b) State the date, time and place of a hearing to be held regarding the deficiencies of maintenance. The hearing must be held within 14 days after the receipt of the notice.

The governing body shall provide to each owner of an affected tract of land a copy of the notice served upon the association pursuant to this subsection.

      3.  At a hearing conducted pursuant to this section, the governing body may:

      (a) Modify the terms of the original notice served pursuant to subsection 2; and

      (b) Provide an extension of time within which the deficiencies of maintenance may be cured.

      4.  If the deficiencies in maintenance are not cured within 30 days after the receipt of the notice or any extension of time provided pursuant to subsection 3, the governing body or its authorized agent may:

      (a) Enter the land on which the improvements are located and maintain the improvements for a period of not more than 1 year; and

      (b) Assess the affected tracts of land to recover the cost of the maintenance.

      5.  Entry and maintenance authorized pursuant to subsection 4 does not authorize a member of the public to use the improvements unless the land on which the improvements are located has been dedicated to and accepted by the governing body.


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ê1997 Statutes of Nevada, Page 3011 (Chapter 601, AB 570)ê

 

on which the improvements are located has been dedicated to and accepted by the governing body.

      6.  Before the expiration of the period of maintenance required pursuant to subsection 4, the local government, on its own motion or upon request of the association, shall hold a public hearing at which the owners of the affected tracts of land and the association may show cause why the governing body or its authorized agent need not continue to maintain the improvements that are located on the affected tracts of land.

      7.  After a hearing conducted pursuant to subsection 6, the governing body shall determine whether the association is ready and able to maintain the improvements that are located on the affected tracts of land in the manner required by the plan. If the governing body determines that the association is ready and able to maintain the improvements, the governing body shall cease its maintenance of the affected tracts of land at the end of the period. If the governing body determines that the association is not ready and able to maintain the improvements, the governing body may continue the maintenance of the improvements located on the affected tracts of land during the next succeeding year, subject to a similar hearing and determination in each year thereafter.

      8.  Any decision made by the governing body pursuant to this section constitutes a final decision for the purpose of judicial review.

      Sec. 8.  This act becomes effective upon passage and approval.

________

 

CHAPTER 602, AB 576

Assembly Bill No. 576–Committee on Government Affairs

CHAPTER 602

AN ACT relating to state securities; allowing certain agencies authorized to issue bonds to delegate the authority to sign contracts or accept binding bids for bonds to the state treasurer under certain circumstances; transferring certain duties relating to the issuance and redemption of state securities from the state board of examiners to the state board of finance; repealing certain requirements relating to the public sale of state securities; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 349 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The commission may, before any sale of bonds, delegate to the treasurer the authority to sign a contract for the purchase of the bonds or to accept a binding bid for the bonds subject to the requirements specified by the commission concerning:

      (a) The rate of interest on the bonds;

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

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


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ê1997 Statutes of Nevada, Page 3012 (Chapter 602, AB 576)ê

 

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

      2.  All terms of the bonds other than:

      (a) The rate of interest;

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

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

      (d) The principal amount of the bonds; and

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

must be approved by the commission before the bonds are delivered.

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

      Sec. 2.  NRS 349.150 is hereby amended to read as follows:

      349.150  NRS 349.150 to 349.364, inclusive, [and] section 13 of [this act] Senate Bill No. 473 of this session and section 1 of this act may be cited as the State Securities Law.

      Sec. 3.  NRS 349.270 is hereby amended to read as follows:

      349.270  1.  [Subject] If securities are sold publicly and subject to the right of the commission to reject any and all bids, the securities [shall] must be sold to the responsible bidder making the best bid.

      2.  If there are two or more equal bids for the securities and such equal bids are the best bids received and not less than the principal amount of the securities and accrued interest, except for any permitted discount, the commission shall determine which bid [shall] must be accepted.

      Sec. 4.  NRS 350A.030 is hereby amended to read as follows:

      350A.030  “Board” means the state board of [examiners.] finance.

      Sec. 5.  NRS 233C.225 is hereby amended to read as follows:

      233C.225  1.  The commission for cultural affairs shall determine annually the total amount of financial assistance it will grant in that calendar year pursuant to NRS 233C.200 to 233C.230, inclusive. The commission shall notify the state board of examiners and the state board of finance of the total amount to be granted. In no case may the amount to be granted exceed $2,000,000 per year.

      2.  After receiving the notice given pursuant to subsection 1, the state board of [examiners] finance shall issue general obligation bonds of the State of Nevada in the amount necessary to generate the amount to be granted by the commission and to pay the expenses related to the issuance of the bonds. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold. No public debt is created, within the meaning of section 3 of article 9 of the constitution of the State of Nevada, until the issuance of the bonds.

      3.  The proceeds from the sale of the bonds authorized by this section, after deducting the expenses relating to the issuance of the bonds, must be deposited with the state treasurer and credited to the fund for the preservation and promotion of cultural resources.


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ê1997 Statutes of Nevada, Page 3013 (Chapter 602, AB 576)ê

 

      4.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

      5.  The amount of financial assistance granted pursuant to this section must not exceed $20,000,000 in any 10-year period. The total face amount of the bonds issued pursuant to this section must not exceed the sum of:

      (a) The amount of financial assistance granted pursuant to this section; and

      (b) The amount necessary to pay the expenses related to the issuance of the bonds, which must not exceed 2 percent of the face amount of the bonds sold.

      Sec. 6.  NRS 408.273 is hereby amended to read as follows:

      408.273  The state board of [examiners] finance shall, when so requested by the board of directors of the department of transportation, issue special obligation bonds of the State of Nevada to provide money to enable the department of transportation to complete pending and currently projected highway construction projects, in an amount specified in the request. The bonds may be issued at one time or from time to time, and must be issued in accordance with the State Securities Law. These bonds must be secured by a pledge of the appropriate federal highway grants payable to the state and by taxes which are credited to the state highway fund, and must mature within not more than 10 years from their date.

      Sec. 7.  NRS 445A.155 is hereby amended to read as follows:

      445A.155  1.  The director may, with the approval of the department of administration, authorize the state treasurer to issue, sell or deliver general obligation bonds of the state or revenue bonds if viable to support the purposes of the account.

      2.  If the director authorizes the issuance of those bonds, the state treasurer may:

      (a) Sue and be sued to establish or enforce any right arising out of a project receiving financial assistance or of any state securities issued pursuant to this authorization;

      (b) Acquire and hold municipal securities, and exercise all of the rights of holders of those securities;

      (c) Sell or otherwise dispose of municipal securities and assets acquired in connection with those securities, unless limited by any agreement which relates to the securities;

      (d) Make contracts and execute all necessary or convenient instruments;

      (e) Accept grants of money from the Federal Government, the state, any agency or political subdivision, or any other person;

      (f) Adopt regulations relating to projects receiving financial assistance and the administration of those projects;

      (g) Employ for himself or for any municipality or interstate agency, any necessary legal, fiscal, engineering and other expert services in connection with projects receiving financial assistance and with the authorization, sale and issuance of state securities and municipal securities;

      (h) Enter into agreements and arrangements consistent with NRS 445A.060 to 445A.160, inclusive, concerning the issuance of state securities and the purchase of municipal securities; and


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ê1997 Statutes of Nevada, Page 3014 (Chapter 602, AB 576)ê

 

      (i) Undertake other matters which he determines to be necessary or desirable to accomplish the purposes of NRS 445A.060 to 445A.160, inclusive.

      3.  Before any bonds are issued pursuant to this section, the state board of [examiners] finance must certify that sufficient revenue will be available in the account to pay the interest and installments of principal as they become due.

      4.  The money in the account that is available for the payment of the interest and installments of principal on the bonds must be pledged as the primary source for the payment of the bonds. The full faith and credit of the state may be pledged.

      Sec. 8.  Section 1 of chapter 361, Statutes of Nevada 1995, at page 907, is hereby amended to read as follows:

       Section 1.  1.  At the general election to be held in the State of Nevada in 1996, there must be submitted to the voters of the state, in the manner prescribed by chapter 349 of NRS, a proposal to issue general obligation bonds of the state to provide grants to local governments and the department of transportation to carry out projects for the control of erosion and the restoration of natural watercourses in the Lake Tahoe Basin in an amount of not more than $20,000,000.

       2.  If the proposal is carried, the state board of [examiners] finance shall issue general obligation bonds of the State of Nevada in a total face amount of not more than $20,000,000. The bonds may be issued at one time or from time to time. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold.

       3.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

      Sec. 9.  Section 11 of chapter 619, Statutes of Nevada 1995, at page 2337, is hereby amended to read as follows:

       Sec. 11.  The state board of [examiners] finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $79,207,558 for the following capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1995-1996 and 1996-1997 or otherwise described as follows:

 

Description                                                                  Project No.              Amount

 

       1.  Juvenile treatment facility, division of child and family services, Las Vegas.......................................... 95-C2..................................................................... $8,787,261

       2.  Addition to Lakes Crossing, division of MH / MR, Sparks............................................................................. 95-C3..................................................................... $3,662,687


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ê1997 Statutes of Nevada, Page 3015 (Chapter 602, AB 576)ê

 

       3.  Conversion of NWCC to a male facility and construction of a 125-bed housing unit, department of prisons, Carson City........................................................ 95-G3..................................................................... $7,350,733

       4.  Phase V, WNCC, UCCSN, Carson City.............. 95-C6 ................................................................... $14,076,946

       5.  Education building, UNR, UCCSN, Reno........... 95-C7................................................................... $18,157,848

       6.  Northern Science Center, DRI, UCCSN, Reno. 95-C10................................................................... $13,022,677

       7.  Advance Technology Center, Phase VI, TMCC, UCCSN, Reno.................................................................. 95-C15................................................................... $11,870,594

       8.  New classroom / office building, NNCC, UCCSN, Elko  95-C16.............................................................. $1,625,914

       9.  Completion of classroom and student center, NNCC, UCCSN, Elko.................................................... 95-L13........................................................................ $652,898

      Sec. 10.  Section 23 of chapter 619, Statutes of Nevada 1995, at page 2342, is hereby amended to read as follows:

       Sec. 23.  The state board of [examiners,] finance, in its capacity as the general obligation bond commission and to the extent that money is available, shall pay the expenses related to the issuance of general obligation bonds approved by the 68th session of the Nevada legislature from the proceeds of those bonds.

      Sec. 11.  NRS 349.264, 349.266, 349.268 and 349.272 are hereby repealed.

      Sec. 12.  Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1997.

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ê1997 Statutes of Nevada, Page 3016ê

 

CHAPTER 603, AB 578

Assembly Bill No. 578–Committee on Commerce

CHAPTER 603

 

AN ACT relating to insurance; authorizing the commissioner of insurance to assess a fee for returned checks; prohibiting an insurer from transacting insurance in this state as a corporation, limited-liability company, limited partnership or limited-liability partnership; providing that an insurer need not offer, provide or make available uninsured or underinsured vehicle coverage in certain circumstances; prohibiting the appropriation, diversion or conversion of the assets of an insurer for personal use; revising the schedule of fees and charges of the division of insurance of the department of business and industry; revising provisions governing contracts of reinsurance ceded to assuming insurers; prohibiting a manager for reinsurance from ceding certain retrocessions on behalf of a reinsurer; requiring certain insurers to report information concerning their risk-based capital; prohibiting the cancellation, refusal to renew or increase of premiums for the renewal of certain policies of automobile liability insurance under certain circumstances; authorizing the issuance of limited licenses for adjusters; revising eligibility requirements for certain insurance licenses; prohibiting an insurance licensee knowingly to permit certain persons to transact insurance in this state; providing an administrative penalty for transacting insurance without a license; providing civil immunity to the commissioner of insurance and other persons in certain circumstances; revising the eligibility requirements for surplus lines brokers; revising provisions governing the liquidation of an insurer; prohibiting the secretary of state from accepting articles of incorporation and amendments thereto of unauthorized insurers; making various other changes relating to the regulation of insurance; making technical changes; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 679B of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  The division may charge a person a fee adopted by regulation by the commissioner for each check returned to the division because the person had insufficient money or credit with the drawee to pay the check or because the person stopped payment on the check.

      Sec. 3.  1.  The commissioner shall deliver to the secretary of state a copy of an order of the commissioner or of the district court prohibiting an insurer from transacting insurance in this state as a corporation, limited-liability company, limited partnership or limited-liability partnership.

      2.  Upon receiving the order, the secretary of state shall nullify the charter of the corporation or limited-liability company or the certificate of the limited partnership or limited-liability partnership.

      3.  The secretary of state shall not accept for filing a document with the same name as a corporation, limited-liability company, limited partnership or limited-liability partnership whose charter or certificate has been nullified.

      Sec. 4.  1.  An officer, director, employee or agent of a domestic or foreign insurer who has the duty or power of investing or handling the money or assets of the insurer located in this state is a fiduciary of that money or those assets.


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ê1997 Statutes of Nevada, Page 3017 (Chapter 603, AB 578)ê

 

money or those assets. Such an officer, director, employee or agent shall not appropriate, divert or convert to his own use such money or assets.

      2.  A person who violates subsection 1 is guilty of embezzlement and, in addition to any other penalty provided by law, shall be punished in accordance with NRS 205.300.

      Sec. 5.  NRS 679B.185 is hereby amended to read as follows:

      679B.185  1.  If any person willfully engages in the unauthorized transaction of insurance, the commissioner may impose an administrative fine of not more than $10,000 for each act or violation.

      2.  An administrative fine imposed pursuant to this section is in addition to any other administrative fine or penalty provided for in this Title, except a fine or penalty imposed pursuant to NRS 686A.183, 686A.187, 696B.500 or 696B.520.

      3.  If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the attorney general on behalf of the commissioner.

      4.  Except as otherwise provided by specific statute, the commissioner shall commence a proceeding to impose an administrative fine pursuant to subsection 1 not later than 5 years after the date on which the act or violation occurred.

      Sec. 6.  NRS 680A.180 is hereby amended to read as follows:

      680A.180  1.  A certificate of authority continues in force as long as the insurer is entitled thereto under this code, and until suspended or revoked by the commissioner or terminated at the insurer’s request, if, each year, the insurer:

      (a) Pays on or before March 1 the continuation fee provided in NRS 680B.010;

      (b) Files its annual statement for the next preceding calendar year as required by NRS 680A.270; and

      (c) Pays, if required, the premium taxes for the preceding calendar year.

      2.  If not so continued by the insurer, its certificate of authority expires at midnight on the May 31 next following such failure of the insurer to continue it in force, unless earlier revoked for failure to pay taxes as provided in NRS 680A.190. The commissioner shall promptly notify the insurer of the occurrence of any failure resulting in the impending expiration of its certificate of authority.

      3.  The commissioner may, upon the insurer’s request made within 3 months after expiration, reinstate a certificate of authority which the insurer has inadvertently permitted to expire, after the insurer has fully cured all its failures which resulted in the expiration, and upon payment by the insurer of the fee for reinstatement specified in [paragraph (c) of] subsection 1 of NRS 680B.010. Otherwise , the insurer may be granted another certificate of authority only after filing an application therefor and meeting all other requirements for an original certificate of authority in this state.

      Sec. 7.  NRS 680B.010 is hereby amended to read as follows:

      680B.010  The commissioner shall collect in advance and receipt for, and persons so served [must] shall pay to the commissioner, fees and miscellaneous charges as follows:

      1.  Insurer’s certificate of authority:


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ê1997 Statutes of Nevada, Page 3018 (Chapter 603, AB 578)ê

 

      (a) Filing initial application........................................................................              $2,450

      (b) Issuance of certificate:

             (1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive   ...................................................................................................... 283

             (2) For two or more kinds of insurance as so defined.....................                   578

             (3) For a reinsurer..................................................................................                2,450

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

      (d) Reinstatement pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.

      (e) Registration of additional title pursuant to NRS 680A.240.............                     50

      (f) Annual renewal of the registration of additional title pursuant to NRS 680A.240             25

      2.  Charter documents, other than those filed with application for certificate of authority. Filing amendments to articles of incorporation, charter, bylaws, power of attorney and other constituent documents of the insurer, each document                             $10

      3.  Annual statement or report. For filing annual statement or report.......................       $25

      4.  Service of process:

      (a) Filing of power of attorney..................................................................                     $5

      (b) Acceptance of service of process................................................. [5]                   30

      5.  Agents’ licenses, appointments and renewals:

      (a) Resident agents and nonresident agents qualifying under subsection 3 of NRS 683A.340:

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

             (2) Appointment by each insurer.......................................................                       5

             (3) Triennial renewal of each license..................................................                     78

             (4) Temporary license...........................................................................                     10

      (b) Other nonresident agents:

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

             (2) Appointment by each insurer.......................................................                     25

             (3) Triennial renewal of each license..................................................                   138

      6.  Brokers’ licenses and renewals:

      (a) Resident brokers and nonresident brokers qualifying under subsection [4] 3 of NRS 683A.340:

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

             (2) Triennial renewal of each license..................................................                     78

      (b) Other nonresident brokers:

             (1) Application and license.................................................................                   258

             (2) Triennial renewal of each license..................................................                   258

      (c) Surplus lines brokers:

             (1) Application and license.................................................................                     78

             (2) Triennial renewal of each license..................................................                     78

      7.  Solicitors’ licenses, appointments and renewals:

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

      (b) Triennial renewal of each license........................................................                     78

      (c) Initial appointment................................................................................                       5


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ê1997 Statutes of Nevada, Page 3019 (Chapter 603, AB 578)ê

 

      8.  Managing general agents’ licenses, appointments and renewals:

      (a) Resident managing general agents:

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

             (2) Initial appointment, each insurer..................................................                       5

             (3) Triennial renewal of each license..................................................                     78

      (b) Nonresident managing general agents:

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

             (2) Initial appointment, each insurer..................................................                     25

             (3) Triennial renewal of each license..................................................                   138

      9.  Adjusters’ licenses and renewals:

      (a) Independent and public adjusters:

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

             (2) Triennial renewal of each license..................................................                     78

      (b) Associate adjusters:

             (1) Application and license.................................................................                     78

             (2) Initial appointment..........................................................................                      5

             (3) Triennial renewal of each license..................................................                     78

      10.  Licenses and renewals for appraisers of physical damage to motor vehicles:

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

      (b) Triennial renewal of each license........................................................                     78

      11.  Additional title and property insurers pursuant to NRS 680A.240:

      (a) Original registration..............................................................................                   $50

      (b) Annual renewal.....................................................................................                     25

      12.  Insurance vending machines:

      (a) Application and license, for each machine........................................                   $78

      (b) Triennial renewal of each license........................................................                     78

      13.  Permit for solicitation for securities:

      (a) Application for permit...........................................................................                 $100

      (b) Extension of permit...............................................................................                     50

      14.  Securities salesmen for domestic insurers:

      (a) Application and license........................................................................                   $25

      (b) Annual renewal of license...................................................................                     15

      15.  Rating organizations:

      (a) Application and license........................................................................                 $500

      (b) Annual renewal.....................................................................................                   500

      16.  Certificates and renewals for administrators licensed pursuant to chapter 683A of NRS:

      (a) Resident administrators:

             (1) Application and certificate of registration..................................                   $78

             (2) Triennial renewal.............................................................................                     78

      (b) Nonresident administrators:

             (1) Application and certificate of registration..................................                   138

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


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ê1997 Statutes of Nevada, Page 3020 (Chapter 603, AB 578)ê

 

      17.  For copies of the insurance laws of Nevada, a fee which is not less than the cost of producing the copies.

      18.  Certified copies of certificates of authority and licenses issued pursuant to the insurance code....................................................................................................                   $10

      19.  For copies and amendments of documents on file in the division, a reasonable charge fixed by the commissioner, including charges for duplicating or amending the forms and for certifying the copies and affixing the official seal.

      20.  Letter of clearance for an agent or broker................................ [$5]                 $10

      21.  Certificate of status as a licensed agent or broker.................. [$5]                 $10

      22.  Licenses, appointments and renewals for bail agents:

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

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

      (c) Triennial renewal of each license........................................................                     78

      23.  Licenses and renewals for property bondsmen:

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

      (b) Triennial renewal of each license........................................................                     78

      24.  Licenses, appointments and renewals for general bail agents:

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

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

      (c) Triennial renewal of each license........................................................                     78

      25.  Licenses and renewals for bail solicitors:

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

      (b) Triennial renewal of each license........................................................                     78

      26.  Licenses and renewals for title agents and escrow officers:

      (a) Resident title agents and escrow officers:

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

             (2) Triennial renewal of each license..................................................                     78

      (b) Nonresident title agents and escrow officers:

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

             (2) Triennial renewal of each license..................................................                   138

      (c) Change in name or location of business or in association.............                     10

      27.  Certificate of authority and renewal for a seller of prepaid funeral contracts          $78

      28.  Licenses and renewals for agents for prepaid funeral contracts:

      (a) Resident agents:

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

             (2) Triennial renewal of each license..................................................                     78

      (b) Nonresident agents:

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

             (2) Triennial renewal of each license..................................................                   138

      29.  Licenses, appointments and renewals for agents for fraternal benefit societies:

      (a) Resident agents:

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

             (2) Appointment....................................................................................                       5


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ê1997 Statutes of Nevada, Page 3021 (Chapter 603, AB 578)ê

 

             (3) Triennial renewal of each license..................................................                     78

      (b) Nonresident agents:

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

             (2) Triennial renewal of each license..................................................                   138

      30.  [Surplus lines:

      (a) Filing of affidavit pursuant to NRS 685A.050...................................                   $25

      (b) Filing of memorandum pursuant to NRS 685A.060..........................                     25

      (c) Filing of amendment to the memorandum when additional premium is reported       10]

Reinsurance intermediary broker or manager:

      (a) Resident agents:

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

             (2) Triennial renewal of each license..............................................                    78

      (b) Nonresident agents:

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

             (2) Triennial renewal of each license..............................................                  138

      31.  Agents for and sellers of prepaid burial contracts:

      (a) Resident agents and sellers:

             (1) Application and certificate or license..........................................                   $78

             (2) Triennial renewal.............................................................................                     78

      (b) Nonresident agents and sellers:

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

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

      32.  Risk retention groups:

      (a) Initial registration and review of an application...............................              $2,450

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

      33.  Required filing of forms:

      (a) For rates and policies............................................................................                   $25

      (b) For riders and endorsements...............................................................                     10

      Sec. 8.  NRS 681A.230 is hereby amended to read as follows:

      681A.230  1.  Credit must be allowed as an asset or as a deduction from liability to any ceding insurer for reinsurance lawfully ceded to an assuming insurer qualified therefor [under] pursuant to NRS 681A.110, 681A.150, 681A.160, 681A.170, 681A.180 or 681A.190, but no such credit may be allowed unless the contract for reinsurance [is payable by the assuming insurer on the basis of the liability of the ceding insurer under the contracts reinsured without diminution because of insolvency of the ceding insurer.] provides in substance that, in the event of the insolvency of the ceding insurer, the reinsurance is payable pursuant to a contract reinsured by the assuming insurer on the basis of reported claims allowed in any liquidation proceedings, subject to court approval, without diminution because of the insolvency of the ceding insurer. Such payments must be made directly to the ceding insurer or to its domiciliary liquidator unless:

      (a) The contract of reinsurance or other written contract specifically designates another payee of the payments in the event of the insolvency of the ceding insurer; or

      (b) The assuming insurer, with the consent of the persons directly insured, has assumed the obligations from the policies issued by the ceding insurer as direct obligations of the assuming insurer, and in substitution for the obligations of the ceding insurer, to the payees under those policies.


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ê1997 Statutes of Nevada, Page 3022 (Chapter 603, AB 578)ê

 

insurer as direct obligations of the assuming insurer, and in substitution for the obligations of the ceding insurer, to the payees under those policies.

      2.  The domiciliary liquidator of an insolvent ceding insurer shall give written notice to the assuming insurer of the pendency of any claim against the ceding insurer on any contract reinsured within a reasonable time after such a claim is filed in the liquidation proceeding. During the pendency of the claim, the assuming insurer may investigate the claim and, at its own expense, interpose in the proceeding in which the claim is to be adjudicated any defense that the assuming insurer deems available to the ceding insurer or its liquidator.

      Sec. 9.  NRS 681A.430 is hereby amended to read as follows:

      681A.430  1.  The commissioner may issue a license to act as an intermediary to any person who has complied with the requirements of NRS 681A.250 to 681A.580, inclusive [.] , and who submits a written application for a license to act as an intermediary and the appropriate fee set forth in NRS 680B.010. A license issued to a firm or association authorizes all the members of the firm or association and any designated employees to act as intermediaries. All those persons must be named in the application and any supplements thereto. A license issued to a corporation authorizes all of the officers and any designated employees and directors of the corporation to act as intermediaries on behalf of the corporation. All those persons must be named in the application and in any supplements thereto.

      2.  If an applicant for a license to act as an intermediary is a nonresident, he shall:

      (a) Designate the commissioner as agent for service of process;

      (b) Furnish the commissioner with the name and address of a resident of Nevada upon whom notices or orders of the commissioner or process affecting the nonresident reinsurance intermediary may be served; and

      (c) Promptly notify the commissioner in writing of every change in his designated agent for service of process. The change is not effective until acknowledged by the commissioner.

      Sec. 10.  NRS 681A.540 is hereby amended to read as follows:

      681A.540  A manager for reinsurance shall not:

      1.  Except as otherwise provided in this section, [bind] cede retrocessions on behalf of the reinsurer. A manager for reinsurance may [bind] cede facultative retrocessions pursuant to facultative agreements if the contract with the reinsurer contains guidelines for underwriting the retrocessions. The guidelines must include a list of reinsurers with which automatic agreements are in effect, and for each reinsurer, the coverages and amounts or percentages that may be reinsured, and commission schedules.

      2.  Commit the reinsurer to participate in syndicates for reinsurance.

      3.  Appoint any producer without verifying that the producer is licensed to transact the type of reinsurance for which he is appointed.

      4.  Without approval of the reinsurer, pay or commit the reinsurer to pay a claim, net of retrocessions, that exceeds the lesser of an amount specified by the reinsurer or 1 percent of the policyholder’s surplus of the reinsurer as of December 31 of the last complete calendar year.


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ê1997 Statutes of Nevada, Page 3023 (Chapter 603, AB 578)ê

 

      5.  Collect any payment from a retrocessionaire or commit the reinsurer to any settlement of a claim with a retrocessionaire, without the approval of the reinsurer. If approval is given, the manager for reinsurance shall promptly forward a report to the reinsurer.

      6.  Employ a person who is employed by the reinsurer unless the manager for reinsurance is under common control with the reinsurer within the meaning of chapter 692C of NRS.

      7.  Appoint another person to act as a manager for reinsurance.

      Sec. 11.  NRS 681A.570 is hereby amended to read as follows:

      681A.570  1.  If the commissioner believes that the reinsurance intermediary or any other person has not materially complied with NRS 681A.250 to 681A.560, inclusive, or any regulation adopted or order issued pursuant thereto, the commissioner may, after a hearing conducted in accordance with NRS 679B.310 to 679B.370, inclusive, order:

      (a) For each separate violation, the payment of a penalty in an amount not exceeding $5,000; and

      (b) The revocation or suspension of the license of the reinsurance intermediary.

      2.  If the commissioner finds that the material noncompliance of the reinsurance intermediary has caused the insurer or reinsurer any loss or damage, the commissioner may initiate a civil action against the intermediary on behalf of the insurer or reinsurer and the policyholders and creditors of the insurer or reinsurer to recover compensatory damages or other appropriate relief [.] for the benefit of the insurer or reinsurer and the policyholders and creditors.

      3.  If an order of rehabilitation or liquidation of the insurer has been entered and the receiver appointed by that order determines that:

      (a) The reinsurance intermediary or any other person has not materially complied with NRS 681A.250 to 681A.560, inclusive, or any regulation adopted or order issued pursuant thereto; and

      (b) The insurer has suffered any loss or damage as a result of that noncompliance,

the receiver may bring a civil action for the recovery of damages or for any other appropriate sanctions on behalf of the insurer.

      Sec. 12.  Chapter 681B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  On or before March 1 of each year, each domestic insurer, and each foreign insurer domiciled in a state which does not have requirements for reporting risk-based capital, that transacts property, casualty, life or health insurance in this state shall prepare and submit to the commissioner, and to each person designated by the commissioner, a report of the level of the risk-based capital of the insurer as of the end of the immediately preceding calendar year. The report must be in such form and contain such information as required by the regulations adopted by the commissioner pursuant to this section.

      2.  The commissioner shall adopt regulations concerning the amount of risk-based capital required to be maintained by each insurer licensed to do business in this state that is transacting property, casualty, life or health insurance in this state. The regulations must be consistent with the instructions for reporting risk-based capital adopted by the National Association of Insurance Commissioners, as those instructions existed on January 1, 1997.


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ê1997 Statutes of Nevada, Page 3024 (Chapter 603, AB 578)ê

 

instructions for reporting risk-based capital adopted by the National Association of Insurance Commissioners, as those instructions existed on January 1, 1997. If the instructions are amended, the commissioner may amend the regulations to maintain consistency with the instructions if he determines that the amended instructions are appropriate for use in this state.

      Sec. 13.  NRS 681B.240 is hereby amended to read as follows:

      681B.240  1.  Every opinion must:

      (a) Be submitted with the annual statement reflecting the valuation of reserve liabilities for each year ending on or [before] after December 31, 1996.

      (b) Apply to all business in force , including individual and group health insurance plans, in form and substance acceptable to the commissioner as specified by regulation.

      (c) Be based on standards adopted from time to time by the Actuarial Standards Board or a successor organization approved by the commissioner and on such additional standards as the commissioner may by regulation prescribe.

      2.  In the case of an opinion required to be submitted by a foreign or alien company, the commissioner may accept the opinion filed by that company with the commissioner of insurance of another state if he determines that the opinion reasonably meets the requirements applicable to an insurer domiciled in this state.

      Sec. 14.  Chapter 683A of NRS is hereby amended by adding thereto a new section to read as follows:

      A person licensed to transact insurance in this state shall not knowingly permit any other person whose license to transact insurance in this state has been revoked or suspended to transact insurance or in any manner participate in the transaction of insurance in this state.

      Sec. 15.  NRS 683A.090 is hereby amended to read as follows:

      683A.090  1.  [No] A person shall not in this state be, act as or hold himself out to be, with respect to subjects of insurance resident, located or to be performed in this state or elsewhere, an agent, broker or solicitor unless licensed as such under this code. [No] A managing general agent, whether or not located in this state, shall not be or act as such with respect to the business of an insurer in this state unless licensed as such under this code.

      2.  [No] An agent, broker or solicitor shall not take an application for, procure or place for others any kind of insurance as to which he is not then so licensed.

      3.  Except as otherwise provided in NRS 683A.440 [(] concerning the sharing of commissions [), no] , an agent shall not place any insurance with any insurer as to which he does not then hold a license and an appointment as agent under this code.

      4.  A person who acts as an agent, broker or solicitor in this state without a license may be assessed an administrative fine of not more than $1,000 for each violation.


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ê1997 Statutes of Nevada, Page 3025 (Chapter 603, AB 578)ê

 

      5.  In addition to or in lieu of any applicable denial, suspension or revocation of license or administrative fine, any person violating this section is guilty of a misdemeanor.

      Sec. 16.  NRS 683A.130 is hereby amended to read as follows:

      683A.130  1.  For the protection of the people of this state, the commissioner shall not issue, continue or permit to exist any agent’s, broker’s or solicitor’s license except in compliance with this chapter. Any natural person for whom such a license is issued, continued or permitted to exist must:

      (a) Be a bona fide resident of, and reside within, this state. This paragraph does not apply to:

             (1) An agent brought into this state by an insurer to replace an agent disabled, deceased or dismissed.

             (2) A licensed nonresident agent or nonresident broker of this state who otherwise qualifies for a license and is licensed as a resident within 60 days after he becomes a bona fide resident of this state. This subparagraph does not otherwise apply to nonresident agents and nonresident brokers.

             (3) A licensed resident agent or resident broker during the 60 days next following the date he establishes his residence in another state.

      (b) Be at least 18 years of age.

      (c) If he applies for or holds an agent’s license, have been appointed an agent by an authorized insurer, subject to the issuance of the license.

      (d) If he applies for or holds a solicitor’s license, be the bona fide employee of a licensed resident agent or a licensed resident broker as a solicitor, or be so employed subject to the issuance of the license.

      (e) If he applies for or holds a broker’s license, have had experience for at least 1 year as an agent, solicitor, managing general agent, adjuster, insurer’s underwriter or broker or have had other special experience, education or training, all of sufficient content and duration reasonably necessary for competence in fulfilling the responsibilities of a broker.

      (f) Be competent, trustworthy and financially responsible.

      (g) Pass each examination required for the license pursuant to this chapter.

      (h) Successfully complete each course of instruction which the commissioner requires by regulation.

      (i) Not have been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.

      2.  The commissioner shall not differentiate between persons entitled to act as agents on the basis that the persons are engaged in other businesses to which the insurance agency is incidental or supplemental.

      3.  The commissioner may require applicants for licensing to pay, in addition to the fee required by NRS 683A.150, a fee of $15 for deposit in the insurance recovery account created by NRS 679B.305.

      4.  A conviction of, or a plea of guilty or nolo contendere to, any crime listed in paragraph (i) of subsection 1 is a sufficient ground for the denial of a license to the applicant.


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ê1997 Statutes of Nevada, Page 3026 (Chapter 603, AB 578)ê

 

      Sec. 17.  NRS 683A.230 is hereby amended to read as follows:

      683A.230  1.  The license must state the name and address of the licensee, the date of issue, general conditions relative to expiration or termination, the kind or kinds of insurance, if applicable, covered by the license, and such other information and conditions as the commissioner may deem proper and consistent with law.

      2.  The license of an agent or managing general agent must not specify the name of any particular insurer or underwriter’s department by which the licensee is appointed, [except as provided in subsection 4 as to limited licenses,] and the licensee may represent as an agent or managing general agent, under the [one] license, as many insurers or underwriter’s departments as may appoint him therefor in accordance with this chapter.

      3.  The license of a solicitor must show also the name and address of the agent or broker who employs him.

      [4.  Each limited license issued under NRS 683A.260 must show also the name of the insurer so represented, and a separate license is required for each represented insurer.]

      Sec. 18.  NRS 683A.450 is hereby amended to read as follows:

      683A.450  1.  In addition to any other authority conferred upon him by the provisions of this chapter, the commissioner may suspend for not more than 12 months, or may revoke, limit or refuse to continue , any license issued pursuant to this chapter or any surplus lines broker’s license if, after notice to the licensee, each insurer the licensee represents as an agent or managing general agent and each person by whom the licensee is employed as a solicitor, and upon a hearing, unless the hearing is waived pursuant to NRS 683A.460, [he] the commissioner finds that as to the licensee any one or more of the following causes exist:

      (a) For any cause for which issuance of the license could have been refused had it then existed and been known to the commissioner.

      (b) For willful violation of or willful noncompliance with any applicable provision of this code, or for willful violation of any lawful rule, regulation or order of the commissioner.

      (c) For an intentional material misstatement in an application for a license or in connection therewith.

      (d) For obtaining or attempting to obtain any such license by fraud or willful misrepresentation.

      (e) For misappropriation or conversion to his own use, or illegal withholding, of money belonging to policyholders, insurers, beneficiaries or others and received in the conduct of business under the license.

      (f) For a material misrepresentation of the terms of any existing or proposed insurance contract.

      (g) If , in the conduct of his affairs under the license , the licensee has used fraudulent, coercive or dishonest practices, or has shown himself to be incompetent, untrustworthy, financially irresponsible or a source of injury and loss to the public.

      (h) For aiding, abetting or assisting another person to violate any of the provisions of this code.

      2.  The commissioner shall:


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ê1997 Statutes of Nevada, Page 3027 (Chapter 603, AB 578)ê

 

      (a) Revoke the license of any licensed resident agent or resident broker who establishes his residence in another state, 60 days after the establishment of [such] that residence.

      (b) Immediately revoke the license of any licensee [convicted by final judgment of a felony] who has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.

      3.  If a licensee changes his address without written notice to the commissioner [,] and the commissioner after diligent effort is unable to locate the licensee, the commissioner may revoke the license without a hearing. If the commissioner mails a letter by certified mail, with return receipt requested, addressed to the licensee at his address last of record with the division, and the letter is returned to the commissioner undelivered, such mailing shall be deemed an adequate effort by the commissioner to locate the licensee.

      4.  The license of a firm or corporation may be suspended, revoked or refused also for any of such causes as relate to any natural person designated in or registered as to the license to exercise its powers.

      5.  In addition to or in lieu of suspension, revocation or refusal to continue [any such] a license for any of the causes specified in subsection 1, the commissioner may impose an administrative fine upon the licensee of not less than $25 or more than $500 [.] for each violation. The order levying the fine must specify the date, not less than 15 days or more than 30 days after the date of the order, before which the fine must be paid. Upon failure of the licensee to pay the fine when due, the commissioner shall immediately revoke the licenses of the licensee and the fine must be recovered in a civil action brought in behalf of the commissioner by the attorney general. The commissioner shall immediately deposit all such fines collected with the state treasurer.

      Sec. 18.5.  Chapter 684A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The commissioner may issue a limited license to an adjuster licensed in an adjoining state who has contracted with a domestic insurer that has its principal place of business in this state to adjust and pay claims on business written in this state. A limited license issued pursuant to this section is valid for 3 years or the term of the contract between the adjuster and domestic insurer, whichever is shorter.

      2.  An adjuster who holds a limited license issued pursuant to this section may adjust claims in this state only pursuant to his contract with the domestic insurer.

      3.  A domestic insurer who contracts with an adjuster to whom a limited license has been issued pursuant to this section shall maintain in its principal place of business in this state the records of its closed files upon which the adjuster worked.

      4.  Notwithstanding the provisions of NRS 684A.170, an adjuster who is issued a limited license pursuant to this section is not required to maintain an office or place of business in this state.


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ê1997 Statutes of Nevada, Page 3028 (Chapter 603, AB 578)ê

 

      Sec. 19.  NRS 684A.070 is hereby amended to read as follows:

      684A.070  1.  For the protection of the people of this state, the commissioner may not issue or continue any license as an adjuster except in compliance with the provisions of this chapter. Any individual for whom a license is issued or continued must:

      [1.](a) Be at least [21] 18 years of age;

      [2.  Be]

      (b) Except as otherwise provided in subsection 2, be a bona fide resident of this state [, and have resided therein for at least 90 days prior to his application for the license. The commissioner may, in his discretion, waive this residence requirement as to:

      (a) An adjuster theretofore licensed under the laws of another state and brought to Nevada by an employer firm or corporation licensed as an adjuster in this state to fill a vacancy in the firm or corporation in this state; or

      (b) An adjuster licensed in an adjoining state whose principal place of business is located within 50 miles of the boundary of this state;

      3.];

      (c) Be competent, trustworthy, financially responsible and of good reputation;

      [4.](d) Never have been convicted of [a felony;

      5.], or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;

      (e) Have had at least 2 years’ recent experience with respect to handling of loss claims of sufficient character reasonably to enable him to fulfill the responsibilities of an adjuster;

      [6.  Pass successfully]

      (f) Pass all examinations required under this chapter; and

      [7.](g) Not be concurrently licensed as an agent, broker, solicitor or surplus lines broker, except as a bail bondsman.

      2.  The commissioner may, in his discretion, waive the residency requirement set forth in paragraph (b) of subsection 1 if the applicant is:

      (a) An adjuster licensed under the laws of another state who has been brought to this state by an employer firm or corporation licensed as an adjuster in this state to fill a vacancy in the firm or corporation in this state;

      (b) An adjuster licensed in an adjoining state whose principal place of business is located within 50 miles from the boundary of this state; or

      (c) An adjuster who is applying for a limited license pursuant to section 18.5 of this act.

      3.  A conviction of, or plea of guilty or nolo contendere by, an applicant or licensee for any crime listed in paragraph (d) of subsection 1 is a sufficient ground for the commissioner to deny a license to the applicant, or to suspend, revoke or limit the license of an adjuster pursuant to NRS 684A.210.

      Sec. 20.  Chapter 685A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The commissioner, the division and employees of the division, and any nonprofit organization of surplus lines brokers formed pursuant to NRS 685A.075 and its members, officers, committee members, agents and employees are not liable in a civil action for any act performed in good faith and within the scope of their duties or the exercise of their authority pursuant to this chapter.


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ê1997 Statutes of Nevada, Page 3029 (Chapter 603, AB 578)ê

 

685A.075 and its members, officers, committee members, agents and employees are not liable in a civil action for any act performed in good faith and within the scope of their duties or the exercise of their authority pursuant to this chapter.

      2.  The commissioner may, pursuant to NRS 679B.190, classify as confidential:

      (a) Any investigation conducted by a nonprofit organization of surplus lines brokers formed pursuant to NRS 685A.075; and

      (b) Any communications between such an organization and the commissioner and other appropriate authorities pursuant to this chapter.

      3.  The immunities and privileges provided by this section do not affect:

      (a) The availability of any other immunities or privileges otherwise provided by law; or

      (b) Any rights of hearing and review otherwise provided in this chapter.

      Sec. 21.  NRS 685A.070 is hereby amended to read as follows:

      685A.070  1.  A broker shall not knowingly place surplus lines insurance with an insurer which is unsound financially or ineligible pursuant to this section.

      2.  No insurer is eligible for the acceptance of surplus lines risks pursuant to this chapter unless it has surplus as to policyholders [not less] in an amount of not less than $5,000,000 and, if an alien insurer, unless it has and maintains in a bank or trust company which is a member of the United States Federal Reserve System a trust fund established pursuant to terms reasonably adequate for the protection of all of its policyholders in the United States [of America] in an amount of not less than $1,500,000. Such a trust fund must not have an expiration date which is at any time less than 5 years in the future, on a continuing basis. In the case of:

      (a) A group of insurers which includes individual unincorporated insurers, such a trust fund must [be] not be less than $100,000,000.

      (b) A group of incorporated insurers under common administration, such a trust fund must not be less than $100,000,000. The group of incorporated insurers must:

             (1) Operate under the supervision of the Department of Trade and Industry of the United Kingdom;

             (2) Possess aggregate policyholders surplus of $10,000,000,000, which must consist of money in trust in an amount not less than the assuming insurers’ liabilities attributable to insurance written in the United States; and

             (3) Maintain a joint trusteed surplus of which $100,000,000 must be held jointly for the benefit of United States ceding insurers of any member of the group.

      (c) An insurance exchange created by the laws of a state, such a trust fund must not be less than $50,000,000. If an insurance exchange maintains money for the protection of all policyholders, each syndicate shall maintain minimum capital and surplus [or the substantial equivalent thereof,] of not less than [$3,000,000. If the insurance exchange does not maintain money for the protection of all policyholders, each syndicate must meet the minimum capital and surplus requirements stated in paragraph (a).] $5,000,000 and must qualify separately to be eligible for the acceptance of surplus lines risks pursuant to this chapter.


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ê1997 Statutes of Nevada, Page 3030 (Chapter 603, AB 578)ê

 

The commissioner may require larger trust funds than those set forth in this section if, in his judgment, the volume of business being transacted or proposed to be transacted warrants larger amounts.

      3.  No insurer is eligible to write surplus lines of insurance unless it has established a reputation for financial integrity and satisfactory practices in underwriting and handling claims. In addition, a foreign insurer must be authorized in the state of its domicile to write the kinds of insurance which it intends to write in Nevada.

      4.  The commissioner may from time to time compile or approve a list of all surplus lines insurers deemed by him to be eligible currently, and may mail a copy of the list to each broker at his office last of record with the commissioner. To be placed on the list, a surplus lines insurer must file an application with the commissioner. The application must be accompanied by a nonrefundable fee of $2,450. This subsection does not require the commissioner to determine the actual financial condition or claims practices of any unauthorized insurer. The status of eligibility, if granted by the commissioner, indicates only that the insurer appears to be sound financially and to have satisfactory claims practices, and that the commissioner has no credible evidence to the contrary. While any such list is in effect, the broker shall restrict to the insurers so listed all surplus lines business placed by him.

      Sec. 22.  NRS 685B.035 is hereby amended to read as follows:

      685B.035  1.  If the commissioner has reason to believe that an insurer has committed or engaged in, is committing or engaging in, or is about to commit or engage in any practice, transaction or act prohibited by NRS 685B.030, he may:

      (a) Apply to the district court for injunctive relief pursuant to NRS 685B.040 and for an order imposing an administrative fine pursuant to NRS 685B.080;

      (b) Issue a statement of charges and a notice of an administrative hearing to be held before the commissioner on those charges and serve the statement and notice upon the person so charged; or

      (c) Issue a cease and desist order if the commissioner deems, in his discretion, that the insurer’s conduct is injurious to the rights and interests of the public or policyholders in this state and that emergency action is imperatively required. If the commissioner issues a cease and desist order pursuant to this paragraph, he shall hold a hearing within 30 days after a request by the insurer in accordance with the provisions of NRS 679B.310.

      2.  Any statement of charges and notice of an administrative hearing pursuant to this section must be:

      (a) Issued as provided in NRS 679B.320; and

      (b) Served personally or by certified or registered mail.

      3.  After the commissioner conducts a hearing pursuant to this section, he shall issue an order pursuant to NRS 679B.360. If the commissioner determines that the person being charged has engaged in a practice prohibited by this Title, the commissioner:

      (a) Shall order the person to cease and desist from that practice;

      (b) May order the person to pay an administrative fine pursuant to NRS 685B.080; and


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ê1997 Statutes of Nevada, Page 3031 (Chapter 603, AB 578)ê

 

      (c) Shall order the person to pay premium taxes at the same rate of tax as imposed by law on the premiums of similar coverages written by authorized insurers. If the person fails to pay premium taxes on or before March 1 of the year in which the taxes are due, the person is liable for the penalties set forth in NRS 685A.190.

      4.  The commissioner may modify or set aside, in whole or in part, any order issued by him pursuant to this section, but any such action must be made before the expiration of the time for taking an appeal or before the official record of the proceeding has been filed with the court.

      5.  An order issued pursuant to this section:

      (a) May be reviewed pursuant to NRS 679B.370.

      (b) Becomes final:

             (1) Upon the expiration of the time for taking an appeal, if no petition for judicial review has been filed; or

             (2) Upon the final decision of the court.

      6.  If a person violates an order issued pursuant to this section, the commissioner may, after notice and a hearing, impose an administrative fine of not more than $5,000 for each violation.

      7.  The commissioner shall not, sooner than 1 year after the date on which an order pursuant to this section has been issued, grant an authorization as a surplus lines insurer or issue any license pursuant to this Title [57 of NRS] to the violator.

      8.  Except as otherwise provided by specific statute, the commissioner shall commence a proceeding pursuant to this section against a person for committing AN ACT of unauthorized insurance not later than 5 years after the date on which the act occurred.

      Sec. 22.2.  Chapter 687B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer offering an umbrella policy to an individual shall obtain a signed disclosure statement from the individual indicating whether the umbrella policy includes uninsured or underinsured vehicle coverage.

      2.  The disclosure statement must be on a form provided by the commissioner or in substantially the following form:

 

UMBRELLA POLICY DISCLOSURE STATEMENT

UNINSURED/UNDERINSURED VEHICLE COVERAGE

c Your Umbrella Policy does provide coverage in excess of the limits of the uninsured/underinsured vehicle coverage in your primary auto insurance only if the requirements for the uninsured/underinsured vehicle coverage in your underlying auto insurance are maintained. The minimum uninsured/underinsured vehicle coverage in your umbrella insurance policy is $……… . The limits of the uninsured/underinsured vehicle coverage in your primary auto insurance policy are $………. .

 

I understand and acknowledge the above disclosure.

 

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

Insured                                              Date ( Your Umbrella Liability Policy does not provide any uninsured/ underinsured vehicle coverage.

 


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ê1997 Statutes of Nevada, Page 3032 (Chapter 603, AB 578)ê

 

c Your Umbrella Liability Policy does not provide any uninsured/ underinsured vehicle coverage.

I understand and acknowledge the above disclosure.

 

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

Insured                                              Date

 

      3.  As used in this section, “umbrella policy” means a policy that protects a person against losses in excess of the underlying amount required to be covered by other policies.

      Sec. 22.4.  NRS 687B.145 is hereby amended to read as follows:

      687B.145  1.  Any policy of insurance or endorsement providing coverage under the provisions of NRS 690B.020 or other policy of casualty insurance may provide that if the insured has coverage available to him under more than one policy or provision of coverage, any recovery or benefits may equal but not exceed the higher of the applicable limits of the respective coverages, and the recovery or benefits must be prorated between the applicable coverages in the proportion that their respective limits bear to the aggregate of their limits. Any provision which limits benefits pursuant to this section must be in clear language and be prominently displayed in the policy, binder or endorsement. Any limiting provision is void if the named insured has purchased separate coverage on the same risk and has paid a premium calculated for full reimbursement under that coverage.

      2.  [Insurance] Except as otherwise provided in subsection 5, insurance companies transacting motor vehicle insurance in this state must offer, on a form approved by the commissioner, uninsured and underinsured vehicle coverage in an amount equal to the limits of coverage for bodily injury sold to an insured under a policy of insurance covering the use of a passenger car. The insurer is not required to reoffer the coverage to the insured in any replacement, reinstatement, substitute or amended policy, but the insured may purchase the coverage by requesting it in writing from the insurer. Each renewal must include a copy of the form offering such coverage. Uninsured and underinsured vehicle coverage must include a provision which enables the insured to recover up to the limits of his own coverage any amount of damages for bodily injury from his insurer which he is legally entitled to recover from the owner or operator of the other vehicle to the extent that those damages exceed the limits of the coverage for bodily injury carried by that owner or operator.

      3.  An insurance company transacting motor vehicle insurance in this state must offer an insured under a policy covering the use of a passenger car, the option of purchasing coverage in an amount of at least $1,000 for the payment of reasonable and necessary medical expenses resulting from an accident. The offer must be made on a form approved by the commissioner. The insurer is not required to reoffer the coverage to the insured in any replacement, reinstatement, substitute or amended policy, but the insured may purchase the coverage by requesting it in writing from the insurer. Each renewal must include a copy of the form offering such coverage.


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ê1997 Statutes of Nevada, Page 3033 (Chapter 603, AB 578)ê

 

      4.  An insurer who makes a payment to an injured person on account of underinsured vehicle coverage as described in subsection 2 is not entitled to subrogation against the underinsured motorist who is liable for damages to the injured payee. This subsection does not affect the right or remedy of an insurer under subsection 5 of NRS 690B.020 with respect to uninsured vehicle coverage. As used in this subsection, “damages” means the amount for which the underinsured motorist is alleged to be liable to the claimant in excess of the limits of bodily injury coverage set by the underinsured motorist’s policy of casualty insurance.

      5.  An insurer need not offer, provide or make available uninsured or underinsured vehicle coverage in connection with a general commercial liability policy, an excess policy, an umbrella policy or other policy that does not provide primary motor vehicle insurance for liabilities arising out of the ownership, maintenance, operation or use of a specifically insured motor vehicle.

      6.  As used in this section [“passenger] :

      (a) “Excess policy” means a policy that protects a person against loss in excess of a stated amount or in excess of coverage provided pursuant to another insurance contract.

      (b) “Passenger car” has the meaning ascribed to it in NRS 482.087.

      (c) “Umbrella policy” means a policy that protects a person against losses in excess of the underlying amount required to be covered by other policies.

      Sec. 22.5.  NRS 687B.385 is hereby amended to read as follows:

      687B.385  An insurer shall not cancel, refuse to renew or increase the premium for renewal of a policy of [casualty or property] motor vehicle insurance covering private passenger cars or commercial vehicles as a result of any claims made under the policy with respect to which the insured was not at fault.

      Sec. 23.  Chapter 688B of NRS is hereby amended by adding thereto a new section to read as follows:

      An insurer shall pay the proceeds of any benefits under a group life insurance policy not more than 30 days after the death of the insured. If the proceeds are not paid within this period, the insurer shall pay interest on the proceeds, at a rate that is not less than the current rate of interest on death proceeds on deposit with the insurer, from the date of death of the insured to the date when the proceeds are paid.

      Sec. 24.  NRS 689.235 is hereby amended to read as follows:

      689.235  1.  To qualify for an agent’s license, the applicant [must:

      (a) File] :

      (a) Must file a written application with the commissioner on forms [furnished] prescribed by the commissioner; [and

      (b) Have]

      (b) Must have a good business and personal reputation [.] ; and

      (c) Must not have been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.

      2.  The application must:


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ê1997 Statutes of Nevada, Page 3034 (Chapter 603, AB 578)ê

 

      (a) Contain information concerning the applicant’s identity, address , [and] personal background and business, professional or work history.

      (b) Contain such other pertinent information as the commissioner may require.

      (c) Be accompanied by a complete set of his fingerprints and written permission authorizing the commissioner to forward those fingerprints to the Federal Bureau of Investigation for its report.

      (d) Be accompanied by a fee representing the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant.

      (e) Be accompanied by the applicable fee established in NRS 680B.010, which is not refundable.

      3.  A conviction of, or plea of guilty or nolo contendere by, an applicant or licensee for any crime listed in paragraph (c) of subsection 1 is a sufficient ground for the commissioner to deny a license to the applicant, or to suspend or revoke the agent’s license pursuant to NRS 689.265.

      Sec. 25.  NRS 689.520 is hereby amended to read as follows:

      689.520  1.  To qualify for an agent’s license, the applicant [must have a good business and personal reputation and must] :

      (a) Must file a written application with the commissioner on forms [furnished] prescribed by the commissioner [.] ; and

      (b) Must not have been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.

      2.  The application must:

      (a) Contain information concerning the applicant’s identity, address, personal background and business, professional or work history.

      (b) Contain such other pertinent information as the commissioner may require.

      (c) Be accompanied by a complete set of fingerprints and written permission authorizing the commissioner to forward those fingerprints to the Federal Bureau of Investigation for its report.

      (d) Be accompanied by a fee representing the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant.

      (e) Be accompanied by the applicable fee established in NRS 680B.010, which is not refundable.

      3.  A conviction of, or plea of guilty or nolo contendere by, an applicant or licensee for any crime listed in paragraph (b) of subsection 1 is a sufficient ground for the commissioner to deny a license to the applicant, or to suspend or revoke the agent’s license pursuant to NRS 689.535.

      Sec. 26.  NRS 692A.105 is hereby amended to read as follows:

      692A.105  1.  The commissioner may refuse to license any title agent or escrow officer or may suspend or revoke any license or impose a fine of not more than $500 for each violation by entering an order to that effect, with his findings in respect thereto, if upon a hearing, it is determined that the applicant or licensee:


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ê1997 Statutes of Nevada, Page 3035 (Chapter 603, AB 578)ê

 

      (a) In the case of a title agent, is insolvent or in such a financial condition that he cannot continue in business with safety to his customers;

      (b) Has violated any provision of this chapter or any regulation adopted pursuant thereto or has aided and abetted another to do so;

      (c) Has committed fraud in connection with any transaction governed by this chapter;

      (d) Has intentionally or knowingly made any misrepresentation or false statement to, or concealed any essential or material fact known to him from, any principal or designated agent of the principal in the course of the escrow business;

      (e) Has intentionally or knowingly made or caused to be made to the commissioner any false representation of a material fact or has suppressed or withheld from him any information which the applicant or licensee possesses;

      (f) Has failed without reasonable cause to furnish to the parties of an escrow their respective statements of the settlement within a reasonable time after the close of escrow;

      (g) Has failed without reasonable cause to deliver, within a reasonable time after the close of escrow, to the respective parties of an escrow transaction any money, documents or other properties held in escrow in violation of the provisions of the escrow instructions;

      (h) Has refused to permit an examination by the commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the commissioner pursuant to the provisions of this chapter;

      (i) Has been convicted of a felony or any misdemeanor of which an essential element is fraud;

      (j) In the case of a title agent, has failed to maintain complete and accurate records of all transactions within the last 7 years;

      (k) Has commingled the money of others with his own or converted the money of others to his own use;

      (l) Has failed, before the close of escrow, to obtain written instructions concerning any essential or material fact or intentionally failed to follow the written instructions which have been agreed upon by the parties and accepted by the holder of the escrow; [or]

      (m) Has failed to disclose in writing that he is acting in the dual capacity of escrow agent or agency and undisclosed principal in any transaction [.] ; or

      (n) In the case of an escrow officer, has been convicted of, or entered a plea of guilty or nolo contendere to, any crime involving moral turpitude.

      2.  It is sufficient cause for the imposition of a fine or the refusal, suspension or revocation of the license of a partnership, corporation or any other association if any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission directly arising from the business activities of a title agent which would be cause for such action had the applicant or licensee been a natural person.

      3.  The commissioner may suspend or revoke the license of a title agent, or impose a fine, if the commissioner finds that the title agent:


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ê1997 Statutes of Nevada, Page 3036 (Chapter 603, AB 578)ê

 

      (a) Failed to maintain adequate supervision of an escrow officer title agent he has appointed or employed.

      (b) Instructed an escrow officer to commit an act which would be cause for the revocation of the escrow officer’s license and the escrow officer committed the act. An escrow officer is not subject to disciplinary action for committing such an act under instruction by the title agent.

      4.  The commissioner may refuse to issue a license to any person who, within 10 years before the date of applying for a current license, has had suspended or revoked a license issued pursuant to this chapter or a comparable license issued by any other state, district or territory of the United States or any foreign country.

      Sec. 27.  NRS 695B.320 is hereby amended to read as follows:

      695B.320  Nonprofit hospital and medical or dental service corporations are subject to the provisions of this chapter, and to the provisions of chapters 679A and 679B of NRS, NRS 686A.010 to 686A.315, inclusive, 687B.010 to 687B.040, inclusive, 687B.070 to 687B.140, inclusive, 687B.150, 687B.160, 687B.180, 687B.200 to 687B.255, inclusive, 687B.270, 687B.310 to 687B.380, inclusive, 687B.410, 687B.420, 687B.430, 689C.015 to 689C.350, inclusive, and chapters 692C and 696B of NRS, to the extent applicable and not in conflict with the express provisions of this chapter.

      Sec. 28.  Chapter 695F of NRS is hereby amended by adding thereto a new section to read as follows:

      A prepaid limited health service organization shall contract with an insurance company licensed in this state or authorized to do business in this state for the provision of insurance, indemnity or reimbursement against the cost of health care services provided by the prepaid limited health service organization.

      Sec. 29.  NRS 695F.090 is hereby amended to read as follows:

      695F.090  Prepaid limited health service organizations are subject to the provisions of this chapter and to the following provisions , [of this Title,] to the extent reasonably applicable:

      1.  NRS 687B.310 to 687B.420, inclusive, concerning cancellation and nonrenewal of policies.

      2.  NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.

      3.  The requirements of NRS 679B.152.

      4.  The fees imposed pursuant to NRS 449.465.

      5.  NRS 686A.010 to 686A.310, inclusive, concerning trade practices and frauds.

      6.  The assessment imposed pursuant to subsection 3 of NRS 679B.158.

      7.  Chapter 683A of NRS.

      8.  Section 1 of [this act.] Assembly Bill No. 348 of this session.

      9.  NRS 680B.025 to 680B.039, inclusive, concerning premium tax, premium tax rate, annual report and estimated quarterly tax payments. For the purposes of this subsection, unless the context otherwise requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “prepaid limited health service organization.”


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ê1997 Statutes of Nevada, Page 3037 (Chapter 603, AB 578)ê

 

      10.  Chapter 692C of NRS, concerning holding companies.

      Sec. 30.  Chapter 696B of NRS is hereby amended by adding thereto a new section to read as follows:

      The commissioner and the officers, agents, employees and attorneys of the division are not liable for any action or omission made in good faith by the commissioner, officer, agent, employee or attorney in the performance of his duties or exercise of authority pursuant to this chapter. Nothing in this section abrogates or modifies any other privilege otherwise provided by law to the commissioner or the officers, agents, employees and attorneys of the division.

      Sec. 31.  NRS 696B.190 is hereby amended to read as follows:

      696B.190  1.  The district court [shall have] has original jurisdiction of delinquency proceedings under NRS 696B.010 to 696B.560, inclusive, and section 30 of this act, and any court with jurisdiction [is authorized to] may make all necessary or proper orders to carry out the purposes of those sections.

      2.  The venue of delinquency proceedings against a domestic insurer must be in the county in this state of the insurer’s principal place of business or, if the principal place of business is located in another state, in any county in this state selected by the commissioner for the purpose. The venue of proceedings against foreign insurers must be in any county in this state selected by the commissioner for the purpose.

      3.  At any time after commencement of a proceeding, the commissioner or any other party may apply to the court for an order changing the venue of, and removing, the proceeding to any other county of this state in which the proceeding may most conveniently, economically and efficiently be conducted.

      4.  No court has jurisdiction to entertain, hear or determine any petition or complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation or receivership of any insurer, or for an injunction or restraining order or other relief preliminary, incidental or relating to such proceedings, other than in accordance with NRS 696B.010 to 696B.560, inclusive [.] , and section 30 of this act.

      5.  An appeal to the supreme court may be taken from any court granting or refusing rehabilitation, liquidation, conservation or receivership, and from every order in delinquency proceedings having the character of a final order as to the particular portion of the proceedings embraced therein.

      Sec. 32.  NRS 696B.415 is hereby amended to read as follows:

      696B.415  1.  Upon the issuance of an order of liquidation with a finding of insolvency against a domestic insurer , the commissioner shall apply to the district court for authority to disburse [funds] money to the Nevada insurance guaranty association or the Nevada life and health insurance guaranty association out of the insurer’s marshaled assets, as [funds become] money becomes available, in amounts equal to disbursements made or to be made by the association for claims-handling expense and covered-claims obligations upon the presentation of evidence that disbursements have been made by the association. The commissioner shall apply to the district court for authority to make similar disbursements to insurance guaranty associations in other jurisdictions if one of the Nevada associations is entitled to like payment under the laws relating to insolvent insurers in the jurisdiction in which the organization is domiciled.


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

ê1997 Statutes of Nevada, Page 3038 (Chapter 603, AB 578)ê

 

associations is entitled to like payment under the laws relating to insolvent insurers in the jurisdiction in which the organization is domiciled.

      2.  The commissioner, in determining the amounts available for disbursement to the Nevada insurance guaranty association, the Nevada life and health insurance guaranty association, and similar organizations in other jurisdictions, shall reserve sufficient assets for the payment of expenses of administration.

      3.  The commissioner shall establish procedures for the ratable allocation of disbursements to the Nevada insurance guaranty association, the Nevada life and health insurance guaranty association, and similar organizations in other jurisdictions, and shall secure from each organization to which money is paid as a condition to advances in reimbursement of covered-claims obligations an agreement to return to the commissioner, on demand, amounts previously advanced which are required to pay claims of secured creditors and claims falling within the priorities established in [subsections 1 and 2 of] NRS 696B.420 [.] for administration costs and expenses, and wage debts due employees for services performed.

      Sec. 33.  NRS 696B.420 is hereby amended to read as follows:

      696B.420  1.  The order of distribution of claims from the insurer’s estate on liquidation of the insurer [shall] must be as stated in this section. The first $50 of the amount allowed on each claim in the classes under [subsections 2 to 6, inclusive, shall] paragraphs (b) to (g), inclusive, must be deducted from the claim and included in the class under [subsection 8.] paragraph (i). Claims may not be cumulated by assignment to avoid application of the $50 deductible provision. Subject to the $50 deductible provision, every claim in each class [shall] must be paid in full or adequate [funds] money retained for the payment before the members of the next class receive any payment. No subclasses [shall] may be established within any class. [The] Except as otherwise provided in subsection 2, the order of distribution and of priority [shall] must be as follows:

      [1.](a) Administration costs [. The costs and expenses of administration,] and expenses, including , but not limited to , the following:

             (1) The actual and necessary costs of preserving or recovering the assets of the insurer; [compensation]

             (2) Compensation for all services rendered in the liquidation; [any]

             (3) Any necessary filing fees; [the]

             (4) The fees and mileage payable to witnesses; and [reasonable]

             (5) Reasonable attorney’s fees.

      [2.  Wages. Debts due to employees for services performed, not to exceed $1,000 to each employee, which have been earned within 1 year before the filing of the petition for liquidation. Officers of the insurer shall not be entitled to the benefit of this priority. Such priority shall be in lieu of any other similar priority authorized by law as to wages or compensation of employees.

      3.](b) Loss claims [. All] , including all claims under policies for losses incurred, including third party claims, [and] all claims against the insurer for liability for bodily injury or for injury to or destruction of tangible property which are not under policies, and all claims of the Nevada insurance guaranty association, the Nevada life and health insurance guaranty association, and other similar statutory organizations in other jurisdictions, except the first $200 of losses otherwise payable to any claimant under this [subsection.]


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ê1997 Statutes of Nevada, Page 3039 (Chapter 603, AB 578)ê

 

guaranty association, and other similar statutory organizations in other jurisdictions, except the first $200 of losses otherwise payable to any claimant under this [subsection.] paragraph. All claims under life insurance and annuity policies, whether for death proceeds, annuity proceeds or investment values, [shall] must be treated as loss claims. Claims may not be cumulated by assignment to avoid application of the $200 deductible provision. That portion of any loss for which indemnification is provided by other benefits or advantages recovered or recoverable by the claimant [shall] may not be included in this class, other than benefits or advantages recovered or recoverable in discharge of familial obligations of support or by way of succession at death or as proceeds of life insurance, or as gratuities. No payment made by an employer to his employee [shall] may be treated as a gratuity.

      [4.](c) Unearned premiums and small loss claims [. Claims] , including claims under nonassessable policies for unearned premiums or other premium refunds and the first $200 of loss excepted by the deductible provision in [subsection 3.

      5.]paragraph (b).

      (d) Claims of the Federal Government and any state or local government, including, but not limited to, a claim of any governmental body for a penalty or forfeiture.

      (e) Wage debts due employees for services performed, not to exceed $1,000 to each employee, that have been earned within 1 year before the filing of the petition for liquidation. Officers of the insurer are not entitled to the benefit of this priority. The priority set forth in this paragraph must be in lieu of any other similar priority authorized by law as to wages or compensation of employees.

      (f) Residual classification [. All] , including all other claims [, including claims of the federal or any state or local government,] not falling within other classes under this section. Claims [, including those of any governmental body,] for a penalty or forfeiture [, shall] must be allowed in this class only to the extent of the pecuniary loss sustained from the act, transaction or proceeding out of which the penalty or forfeiture arose, with reasonable and actual costs occasioned thereby. The remainder of such claims [shall] must be postponed to the class of claims under [subsection 8.

      6.  Judgments. Claims] paragraph (i).

      (g) Judgment claims based solely on judgments. If a claimant files a claim and bases it both on the judgment and on the underlying facts, the claim [shall] must be considered by the liquidator, who shall give the judgment such weight as he deems appropriate. The claim as allowed [shall] must receive the priority it would receive in the absence of the judgment. If the judgment is larger than the allowance on the underlying claim, the remaining portion of the judgment [shall] must be treated as if it were a claim based solely on a judgment.

      [7.](h) Interest on claims already paid [. Interest] , which must be calculated at the legal rate compounded annually on all claims in the classes under [subsections 1 to 6,] paragraphs (a) to (g), inclusive, from the date of the petition for liquidation or the date on which the claim becomes due, whichever is later, until the date on which the dividend is declared. The liquidator, with the approval of the court, may make reasonable classifications of claims for purposes of computing interest, may make approximate computations and may ignore certain classifications and [time] periods as de minimis.


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ê1997 Statutes of Nevada, Page 3040 (Chapter 603, AB 578)ê

 

liquidator, with the approval of the court, may make reasonable classifications of claims for purposes of computing interest, may make approximate computations and may ignore certain classifications and [time] periods as de minimis.

      [8.](i) Miscellaneous subordinated claims [. The] , including the remaining claims or portions of claims not already paid, with interest as in [subsection 7:

      (a)]paragraph (h):

             (1) The first $50 of each claim in the classes under [subsections 2 to 6,] paragraph (b) to (g), inclusive, subordinated under this section;

      [(b)](2) Claims subordinated by NRS 696B.430;

      [(c)](3) Claims filed late;

      [(d)](4) Portions of claims subordinated under [subsection 5;

      (e)]paragraph (f);

             (5) Claims or portions of claims the payment of which is provided by other benefits or advantages recovered or recoverable by the claimant; and

      [(f)](6) Claims not otherwise provided for in this section.

      [9.](j) Preferred ownership claims [. Surplus] , including surplus or contribution notes, or similar obligations, and premium refunds on assessable policies. Interest at the legal rate [shall] must be added to each claim, as in [subsections 7 and 8.

      10.]paragraphs (h) and (i).

      (k) Proprietary claims [. The claims] of shareholders or other owners.

      2.  If there are no existing or potential claims of the government against the estate, claims for wages have priority over all claims set forth in paragraphs (c) to (j), inclusive, of subsection 1. The provisions of this subsection must not be construed to require the deduction of $50 or the accumulation of interest for claims as described in paragraph (h) of subsection 1.

      Sec. 34.  NRS 696B.430 is hereby amended to read as follows:

      696B.430  If an ancillary receiver in another state or foreign country, by whatever name called, fails to transfer to the domiciliary liquidator in this state any assets within his control other than special deposits, diminished only by the expenses, if any, of the ancillary receivership, claims filed in the ancillary receivership, other than special deposit claims or secured claims, [shall] must be placed in the class of claims under paragraph (i) of subsection [8] 1 of NRS 696B.420.

      Sec. 35.  NRS 697.150 is hereby amended to read as follows:

      697.150  A person is not entitled to receive, renew or hold a license as a bail agent unless he:

      1.  Is a bona fide resident of and resides within this state, and must have so resided for not less than 1 year immediately preceding the application for the license.

      2.  Is a natural person not less than 18 years of age.

      3.  Has been appointed as a bail agent by an authorized surety insurer, subject to issuance of the license.

      4.  Is competent, trustworthy and financially responsible [.] , and has not been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.


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ê1997 Statutes of Nevada, Page 3041 (Chapter 603, AB 578)ê

 

extortion, conspiracy to defraud or any crime involving moral turpitude. A conviction of, or plea of guilty or nolo contendere by, an applicant or licensee for any crime listed in this subsection is a sufficient ground for the commissioner to deny a license to the applicant or to suspend or revoke the agent’s license.

      5.  Has passed any written examination required under this chapter.

      6.  Has filed the bond required by NRS 697.190.

      Sec. 36.  Section 21 of Assembly Bill No. 156 of this session is hereby amended to read as follows:

       Sec. 21.  1.  In addition to any other report which is required to be filed with the commissioner or the state board of health, each managed care organization shall file with the commissioner and the state board of health, on or before March 1 of each year, a report regarding its methods for reviewing the quality of health care services provided to its insureds.

       2.  Each managed care organization shall include in its report the criteria, data, benchmarks or studies used to:

       (a) Assess the nature, scope, quality and [staffing] accessibility of health care services provided to insureds; or

       (b) Determine any reduction or modification of the provision of health care services to insureds.

       3.  Except as already required to be filed with the commissioner or the state board of health, if the managed care organization is not owned and operated by a public entity and has more than 100 insureds, the report filed pursuant to subsection 1 must include:

       (a) A copy of all of its quarterly and annual financial reports;

       (b) A statement of any financial interest it has in any other business which is related to health care that is greater than 5 percent of that business or $5,000, whichever is less; and

       (c) A description of each complaint filed with or against it that resulted in arbitration, a lawsuit or other legal proceeding, unless disclosure is prohibited by law or a court order.

       4.  A report filed pursuant to this section must be made available for public inspection within a reasonable time after it is received by the commissioner.

      Sec. 36.5.  A person who is licensed on October 1, 1997, as an agent, broker or solicitor pursuant to NRS 683A.130, an adjuster pursuant to NRS 684A.070, an agent pursuant to NRS 689.235 or 689.520, an escrow officer pursuant to NRS 692A.103, or a bail agent pursuant to NRS 697.150 is entitled to renew his license after that date if he is otherwise qualified to be issued such a license and he has not, on or after October 1, 1997, been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.

      Sec. 37.  The amendatory provisions of this act that impose criminal liability do not apply to offenses that are committed before October 1, 1997.


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ê1997 Statutes of Nevada, Page 3042 (Chapter 603, AB 578)ê

 

      Sec. 38.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 39.  Sections 29 and 36 of this act become effective at 12:01 a.m. on October 1, 1997.

________

 

CHAPTER 604, AB 581

Assembly Bill No. 581–Committee on Government Affairs

CHAPTER 604

AN ACT relating to public utilities; prohibiting certain transactions relating to public utilities without the prior authorization of the public service commission of Nevada; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 4, no person may merge with, acquire through a subsidiary or affiliate, or otherwise directly or indirectly obtain control of a public utility doing business in this state or an entity that holds a controlling interest in such a public utility without first submitting to the commission an application for authorization of the proposed transaction and obtaining authorization from the commission pursuant to subsection 2. Any merger, acquisition or change in control in violation of this section is not valid for any purpose.

      2.  Before authorizing the merger, acquisition or change in control of a public utility doing business in this state, the commission shall consider the effect of the proposed transaction. If the commission finds that the proposed merger, acquisition or change in control is in the public interest, the commission shall authorize the proposed transaction.

      3.  If the commission does not issue a final determination regarding the proposed transaction within 180 days after the date on which an application or amended application for authorization of the proposed transaction was filed with the commission, the transaction shall be deemed approved.

      4.  The provisions of this section do not apply to the transfer of stock of a public utility doing business in this state or to the transfer of the stock of an entity holding a controlling interest in such a public utility, if a transfer of not more than 25 percent of the common stock of such a public utility or entity is proposed.

      Sec. 2.  NRS 704.410 is hereby amended to read as follows:

      704.410  1.  Any public utility subject to the provisions of NRS 704.005 to 704.751, inclusive, to which a certificate of public convenience and necessity has been issued pursuant to NRS 704.005 to 704.751, inclusive, and section 1 of this act, may transfer the certificate to any person qualified under NRS 704.005 to 704.751, inclusive, and section 1 of this act, but the transfer is not valid for any purpose until a joint application to make the transfer has been made to the commission by the transferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor.


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ê1997 Statutes of Nevada, Page 3043 (Chapter 604, AB 581)ê

 

to make the transfer has been made to the commission by the transferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor.

      2.  The commission may direct that a hearing be had in the matter of the transfer. If the commission determines that a hearing should be held, the hearing must be noticed and conducted in the same manner as other contested hearings before the commission.

      3.  The commission has the sole discretion to direct that a hearing be held if the application seeks to transfer the certificate from a person or partners to a corporation when the officers of the corporation will be substantially the same person or partners.

      4.  The commission may dispense with a hearing if, upon the expiration of the time fixed in the notice thereof, no protest to the proposed transfer has been filed by or on behalf of any interested person.

      5.  In determining whether the transfer of a certificate of public convenience and necessity to an applicant transferee should be authorized, the commission must take into consideration:

      (a) The utility service performed by the transferor and the proposed utility service of the transferee;

      (b) Other authorized utility services in the territory for which the transfer is sought; and

      (c) Whether the transferee is fit, willing and able to perform the services of a public utility and whether the proposed operation will be consistent with the legislative policies set forth in NRS 704.005 to 704.751, inclusive [.] and section 1 of this act.

      6.  The commission may make such amendments, restrictions or modifications in a certificate upon transferring it as the public interest requires.

      7.  No transfer is valid beyond the life of the certificate transferred.

      [8.  No transfer of stock of a public utility subject to the jurisdiction of the commission is valid without prior approval of the commission if the effect of the transfer would be to change corporate control of the public utility or if a transfer of 15 percent or more of the common stock of the public utility is proposed.]

      Sec. 3.  NRS 704.640 is hereby amended to read as follows:

      704.640  Any person who:

      1.  Operates any public utility to which NRS 704.005 to 704.751, inclusive, and section 1 of this act, applies without first obtaining a certificate of public convenience and necessity or in violation of its terms;

      2.  Fails to make any return or report required by NRS 704.005 to 704.751, inclusive, and section 1 of this act, or by the commission pursuant to NRS 704.005 to 704.751, inclusive [;] , and section 1 of this act;

      3.  Violates, or procures, aids or abets the violating of any provision of NRS 704.005 to 704.751, inclusive [;] , and section 1 of this act;

      4.  Fails to obey any order, decision or regulation of the commission;

      5.  Procures, aids or abets any person in his failure to obey the order, decision or regulation; or


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ê1997 Statutes of Nevada, Page 3044 (Chapter 604, AB 581)ê

 

      6.  Advertises, solicits, proffers bids or otherwise holds himself out to perform as a public utility in violation of any of the provisions of NRS 704.005 to 704.751, inclusive, and section 1 of this act,

shall be fined not more than $500.

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

________

 

CHAPTER 605, AB 584

Assembly Bill No. 584–Committee on Judiciary

CHAPTER 605

AN ACT relating to traffic laws; providing for the suspension of the driver’s license or permit of a person less than 21 years of age who drives with a certain percentage by weight of alcohol in his blood; requiring an officer to make a reasonable attempt to notify the parent, guardian or custodian of a child less than 18 years of age who is directed to submit to an evidentiary test to determine whether he was driving under the influence of intoxicating liquor or a controlled substance under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  “0.02 percent or more but less than 0.10 percent by weight of alcohol in his blood” means a concentration of alcohol in the blood or breath of a person of 0.02 gram or more but less than 0.10 gram by weight of alcohol per 100 milliliters of his blood or per 210 liters of his breath.

      Sec. 3.  1.  If the result of a test given pursuant to NRS 484.382 or 484.383 shows that a person less than 21 years of age had 0.02 percent or more but less than 0.10 percent by weight of alcohol in his blood at the time of the test, his license, permit or privilege to drive must be suspended for a period of 90 days.

      2.  If a revocation or suspension of a person’s license, permit or privilege to drive for a violation of NRS 62.227, 484.379 or 484.3795 follows a suspension ordered pursuant to subsection 1, the department shall:

      (a) Cancel the suspension ordered pursuant to subsection 1; and

      (b) Give the person credit toward the period of revocation or suspension ordered pursuant to NRS 62.227, 484.379 or 484.3795, whichever is applicable, for any period during which the person’s license, permit or privilege to drive was suspended pursuant to subsection 1.

      3.  This section does not preclude:

      (a) The prosecution of a person for a violation of any other provision of law; or

      (b) The suspension or revocation of a person’s license, permit or privilege to drive pursuant to any other provision of law.

      Sec. 4.  1.  A peace officer who has received the result of a test given pursuant to NRS 484.382 or 484.383 which indicates that a person less than 21 years of age to whom the test was given had 0.02 or more but less than 0.10 percent by weight of alcohol in his blood shall prepare a written certificate indicating whether the peace officer:

 


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ê1997 Statutes of Nevada, Page 3045 (Chapter 605, AB 584)ê

 

0.10 percent by weight of alcohol in his blood shall prepare a written certificate indicating whether the peace officer:

      (a) Had reasonable grounds to believe that the person was driving under the influence of alcohol;

      (b) Served an order of suspension on the person pursuant to subsection 2; and

      (c) Issued the person a temporary license pursuant to subsection 2.

      2.  If a person less than 21 years of age to whom a test is given pursuant to NRS 484.382 or 484.383 is present when a peace officer receives the result of the test and the test indicates that the person has 0.02 or more but less than 0.10 percent by weight of alcohol in his blood, the peace officer shall:

      (a) Serve an order of suspension of the license, permit or privilege;

      (b) Seize any license or permit of the person;

      (c) Advise the person of his right to:

             (1) Administrative and judicial review of the suspension; and

             (2) Have a temporary license;

      (d) If the person requests a temporary license, issue the person a temporary license on a form approved by the department which becomes effective 24 hours after he receives the temporary license and expires 120 hours after it becomes effective; and

      (e) Transmit to the department:

             (1) Any license or permit seized pursuant to paragraph (b); and

             (2) The written certificate which the peace officer is required to prepare pursuant to subsection 1.

      3.  If a person less than 21 years of age to whom a test is given pursuant to NRS 484.382 or 484.383 is not present when a peace officer receives the result of the test and the test indicates that the person has 0.02 or more but less than 0.10 percent by weight of alcohol in his blood, the peace officer shall transmit to the department a copy of the result of the test and the written certificate which the peace officer is required to prepare pursuant to subsection 1.

      4.  The department, upon receiving a copy of the result of the test and the written certificate transmitted by the peace officer pursuant to subsection 3, shall:

      (a) Review the result of the test and the written certificate; and

      (b) If the department determines that it is appropriate, issue an order to suspend the license, permit or privilege to drive of the person by mailing the order to the person at his last known address.

      5.  An order for suspension issued by the department pursuant to subsection 4 must:

      (a) Explain the grounds for the suspension;

      (b) Indicate the period of the suspension;

      (c) Require the person to transmit to the department any license or permit held by the person; and

      (d) Explain that the person has a right to administrative and judicial review of the suspension.

      6.  An order for suspension issued by the department pursuant to subsection 4 is presumed to have been received by the person 5 days after the order is deposited, postage prepaid, in the United States mail by the department.


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ê1997 Statutes of Nevada, Page 3046 (Chapter 605, AB 584)ê

 

the order is deposited, postage prepaid, in the United States mail by the department. The date of mailing of the order may be shown by a certificate that is prepared by an officer or employee of the department specifying the date of mailing.

      Sec. 5.  1.  At any time during which the license, permit or privilege to drive is suspended pursuant to section 4 of this act, the person may request in writing a hearing by the department to review the order of suspension. A person is entitled to only one administrative hearing pursuant to this section.

      2.  Unless the parties agree otherwise, the hearing must be conducted within 15 days after receipt of the request or as soon thereafter as is practicable in the county in which the requester resides.

      3.  The director or his agent may:

      (a) Issue subpoenas for:

             (1) The attendance of witnesses at the hearing; and

             (2) The production of relevant books and papers; and

      (b) Require a re-examination of the requester.

      4.  The scope of the hearing must be limited to the issues of whether the person, at the time of the test:

      (a) Was less than 21 years of age; and

      (b) Had 0.02 percent or more but less than 0.10 percent by weight of alcohol in his blood.

      5.  The department shall issue the person a temporary license for a period that is sufficient to complete the administrative hearing.

      6.  Upon an affirmative finding on the issues listed in subsection 4, the department shall affirm the order of suspension. Otherwise, the order of suspension must be rescinded.

      7.  If the order of suspension is affirmed by the department, the person is entitled to judicial review of the issues listed in subsection 4 in the manner provided in chapter 233B of NRS.

      8.  The court shall notify the department upon issuing a stay. Upon receiving such notice, the department shall issue an additional temporary license for a period that is sufficient to complete the judicial review.

      9.  The hearing officer or the court shall notify the department if the hearing officer grants a continuance of the administrative hearing or the court grants a continuance after issuing a stay of the suspension. Upon receiving such notice, the department shall cancel any temporary license granted pursuant to this section and notify the holder by mailing an order of cancellation to the last known address of the holder.

      Sec. 6.  After half the period during which the driver’s license of a person is suspended pursuant to section 4 of this act, the department may issue the person a restricted driver’s license in the manner provided in subsection 1 of NRS 483.490.

      Sec. 7.  NRS 483.020 is hereby amended to read as follows:

      483.020  As used in NRS 483.010 to 483.630, inclusive, and section 5 of [this act,] Senate Bill No. 355 of this session and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 483.030 to 483.190, inclusive, and sections 2, 3 and 4 of [this act,] Senate Bill No. 355 of this session and section 2 of this act have the meanings ascribed to them in those sections.


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ê1997 Statutes of Nevada, Page 3047 (Chapter 605, AB 584)ê

 

      Sec. 8.  NRS 484.383 is hereby amended to read as follows:

      484.383  1.  Except as otherwise provided in subsections 3 and 4, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or breath or the presence of a controlled substance when such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.

      2.  If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

      3.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

      4.  If the alcoholic content of the blood or breath of the person to be tested is in issue:

      (a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

      (b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.

      (c) A police officer may direct the person to submit to a blood test as set forth in subsection 7 if the officer has reasonable grounds to believe that the person:

             (1) Caused death or substantial bodily harm to another person as a result of driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

             (2) Has been convicted within the previous 7 years of:

                   (I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS 488.205, NRS 488.206, section 4 of this act or a law of another jurisdiction that prohibits the same or similar conduct; or

                   (II) Any other offense in this state or another jurisdiction in which death or substantial bodily harm to another person resulted from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.

      5.  If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.

      6.  Except as otherwise provided in subsections 3 and 5, a police officer shall not direct a person to submit to a urine test.


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ê1997 Statutes of Nevada, Page 3048 (Chapter 605, AB 584)ê

 

      7.  If a person to be tested fails to submit to a required test as directed by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or a controlled substance, the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance in his blood.

      8.  If a person who is less than 18 years of age is directed to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.

      Sec. 9.  NRS 62.170 is hereby amended to read as follows:

      62.170  1.  Except as otherwise provided in NRS 62.175, any peace officer or probation officer may take into custody any child who is found violating any law or ordinance or whose conduct indicates that he is a child in need of supervision. [When] Except as otherwise provided in NRS 484.383, when a child is taken into custody, the officer shall immediately notify the parent, guardian or custodian of the child, if known, and the probation officer. Unless it is impracticable or inadvisable or has been otherwise ordered by the court, or is otherwise provided in this section, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.

      2.  If the child is not released, as provided in subsection 1, the child must be taken without unnecessary delay to the court or to the place of detention designated by the court, and, as soon as possible thereafter, the fact of detention must be reported to the court. Pending further disposition of the case the child may be released to the custody of the parent or other person appointed by the court, or may be detained in such place as is designated by the court, subject to further order. The court may authorize supervised detention at the [child’s] home of the child in lieu of detention at a facility for the detention of juveniles.

      3.  A child alleged to be delinquent or in need of supervision must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:

      (a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;

      (b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;


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ê1997 Statutes of Nevada, Page 3049 (Chapter 605, AB 584)ê

 

      (c) The child was brought to the probation officer pursuant to a court order or warrant; or

      (d) The child is a fugitive from another jurisdiction.

      4.  A child not alleged to be delinquent or in need of supervision must not at any time be confined or detained in a facility for the secure detention of juveniles or any police station, lockup, jail, prison or other facility in which adults are detained or confined.

      5.  A child under 18 years of age must not at any time be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult convicted of a crime or under arrest and charged with a crime, unless:

      (a) The child is alleged to be delinquent;

      (b) An alternative facility is not available; and

      (c) The child is separated by sight and sound from any adults who are confined or detained therein.

      6.  A child alleged to be delinquent who is taken into custody and detained must be given a detention hearing, conducted by the judge or master:

      (a) Within 24 hours after the child submits a written application;

      (b) In a county whose population is less than 100,000, within 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;

      (c) In a county whose population is 100,000 or more, within 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or

      (d) Within 72 hours after the commencement of detention at a facility in which adults are not detained or confined,

whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.

      7.  If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of NRS 62.410. The certificate of attendance must not set forth the name of the child or the offense alleged.

      8.  A child who is taken into custody and detained must, if alleged to be a child in need of supervision, be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, except as otherwise provided in subsection 9 or unless the court holds a detention hearing and determines the child:

      (a) Has threatened to run away from home or from the shelter;

      (b) Is accused of violent behavior at home; or

      (c) Is accused of violating the terms of his supervision and consent decree.

If the court makes such a determination, the child may be detained for an additional 24 hours after the hearing, excluding Saturdays, Sundays and holidays, if needed by the court to make an alternative placement.


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

ê1997 Statutes of Nevada, Page 3050 (Chapter 605, AB 584)ê

 

holidays, if needed by the court to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers. A child must not be detained pursuant to this subsection for a total period in excess of 48 hours, excluding Saturdays, Sundays and holidays.

      9.  A child alleged to be in need of supervision who is taken into custody and detained need not be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to a shelter for care, if the court holds a detention hearing and determines the child:

      (a) Is a ward of a federal court or held pursuant to federal statute;

      (b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or

      (c) Is accused of violating a valid court order.

If the court makes such a determination, the child may be detained for such an additional period as necessary for the court to return the child to the jurisdiction from which he originated or to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers.

      10.  During the pendency of a criminal or quasi-criminal charge of a crime excluded from the original jurisdiction of the court pursuant to NRS 62.040, a child may petition the juvenile division for temporary placement in a facility for the detention of juveniles.

      11.  In determining whether to release a child pursuant to this section to a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child.

      Sec. 10.  The amendatory provisions of this act do not apply to a test given pursuant to NRS 484.382 or 484.383 before October 1, 1997.

      Sec. 11.  Sections 7 and 8 of this act become effective at 12:01 a.m. on October 1, 1997.

________

 

CHAPTER 606, AB 586

Assembly Bill No. 586–Committee on Ways and Means

CHAPTER 606

AN ACT making an appropriation to the Women in Military Service for America Memorial Foundation, Inc., for the support of the construction of the memorial in Arlington National Cemetery; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the Women in Military Service for America Memorial Foundation, Inc., the sum of $10,000 for the support of the construction of the Women in Military Service for America Memorial in Arlington National Cemetery.


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

ê1997 Statutes of Nevada, Page 3051 (Chapter 606, AB 586)ê

 

sum of $10,000 for the support of the construction of the Women in Military Service for America Memorial in Arlington National Cemetery.

      Sec. 2.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 607, AB 590

Assembly Bill No. 590–Committee on Transportation

CHAPTER 607

AN ACT relating to motor vehicles; providing for the issuance of special license plates indicating support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America; imposing a fee for the issuance or renewal of the license plates; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The department shall, using any colors and designs that the department deems appropriate, design, prepare and issue license plates which indicate combined support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  The department shall issue license plates that indicate combined support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America for a passenger car or a light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate combined support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America.

      3.  The fee for license plates that indicate combined support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America is $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all fees for the license, registration and privilege taxes, a person who requests a set of license plates that indicate support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America must pay for the initial issuance of the plates and for each renewal of the plates an additional fee of $20, to be distributed to the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America in accordance with subsection 5.


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

ê1997 Statutes of Nevada, Page 3052 (Chapter 607, AB 590)ê

 

Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America in accordance with subsection 5.

      5.  The department shall transmit each fee collected pursuant to subsection 4 to the health division of the department of human resources, which shall distribute those fees to the Nevada chapter of the Juvenile Diabetes Foundation International or to the Sickle Cell Disease Association of America in accordance with the preference expressed by the person at the time the fees are paid.

      6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:

      (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the department.

      Sec. 2.  NRS 482.216 is hereby amended to read as follows:

      482.216  1.  Upon the request of a new vehicle dealer, the department may authorize the new vehicle dealer to:

      (a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;

      (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

      (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

      2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

      (a) Transmit the applications he receives to the department within the period prescribed by the department;

      (b) Transmit the fees he collects from the applicants and properly account for them within the period prescribed by the department;

      (c) Comply with the regulations adopted pursuant to subsection 4; and

      (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

      3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

      (a) Charge any additional fee for the performance of those services;

      (b) Receive compensation from the department for the performance of those services;

      (c) Accept applications for the renewal of registration of a motor vehicle; or

      (d) Accept an application for the registration of a motor vehicle if the applicant wishes to [obtain] :

             (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive, [and] section 1 of [this act, or to claim] Assembly Bill No. 32 of this session and section 1 of this act; or

             (2) Claim the exemption from the vehicle privilege tax provided pursuant to NRS 361.1565 to veterans and their relations.


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

ê1997 Statutes of Nevada, Page 3053 (Chapter 607, AB 590)ê

 

      4.  The director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

      (a) The expedient and secure issuance of license plates and decals by the department; and

      (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the department.

      Sec. 3.  NRS 482.270 is hereby amended to read as follows:

      482.270  1.  Except as otherwise provided [in NRS 482.3747, 482.3775, 482.379 to 482.3794, inclusive, section 1 of Senate Bill No. 9 of this session and section 1 of this act, or NRS 482.384,] by specific statute, the director shall order the preparation of motor vehicle license plates with no other colors than blue and silver. The director may substitute white in place of silver when no suitable material is available.

      2.  The director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

      3.  Every license plate must have displayed upon it:

      (a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;

      (b) The name of the state, which may be abbreviated;

      (c) If issued for a calendar year, the year; and

      (d) If issued for a registration period other than a calendar year, the month and year the registration expires.

      4.  The letters I and Q must not be used in the designation.

      5.  Except as otherwise provided in NRS 482.379, all letters and numbers must be of the same size.

      Sec. 4.  NRS 482.2703 is hereby amended to read as follows:

      482.2703  1.  The director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and

      (b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      2.  The director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, [and] section 1 of [this act.]


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

ê1997 Statutes of Nevada, Page 3054 (Chapter 607, AB 590)ê

 

section 1 of [this act.] Assembly Bill No. 32 of this session and section 1 of this act. The director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and

      (b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      3.  The director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.

      4.  A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.

      5.  All money collected from the issuance of sample license plates must be deposited in the state treasury for credit to the motor vehicle fund.

      6.  A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.

      Sec. 5.  NRS 482.500 is hereby amended to read as follows:

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

 

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

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

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

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

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

 

      2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

      (a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, [and] section 1 of [this act,] Assembly Bill No. 32 of this session and section 1 of this act, a fee of $10.

      (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

      (c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.

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

      4.  As used in this section:

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


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

ê1997 Statutes of Nevada, Page 3055 (Chapter 607, AB 590)ê

 

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

      Sec. 6.  The amendatory provisions of this act expire by limitation on October 1, 2001, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of a license plate pursuant to section 1 of this act.

      Sec. 7.  1.  Sections 2, 4 and 5 of this act become effective at 12:01 a.m. on October 1, 1997.

      2.  Section 3 of this act becomes effective at 12:02 a.m. on October 1, 1997.

________

 

CHAPTER 608, AB 602

Assembly Bill No. 602–Committee on Ways and Means

CHAPTER 608

AN ACT relating to state financial administration; extending the prospective date for the reversion of the appropriation made during the previous session to the Division of Forestry of the State Department of Conservation and Natural Resources and specifying its use; making appropriations for new and replacement equipment, for the replacement of a certain hanger door at the Minden airport and for personal equipment; authorizing the Director of the Department of Administration to make a loan from the state general fund to the budget account for fire suppression and emergency response of the Division of Forestry; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the State Department of Conservation and Natural Resources the sum of $3,157,715 for new and replacement equipment for the Division of Forestry of the State Department of Conservation and Natural Resources.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  1.  There is hereby appropriated from the state general fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $21,800 to be in addition to any money carried forward to fiscal year 1997-1998 pursuant to subsection 1 of section 2.5 of chapter 372, Statutes of Nevada 1995, as added by section 5 of this act to replace the overhead door on the airplane hangar at the Minden airport that is used by the Division of Forestry.


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

ê1997 Statutes of Nevada, Page 3056 (Chapter 608, AB 602)ê

 

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 4.  1.  There is hereby appropriated from the state general fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $6,894 for personal equipment for the personnel of the Division.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 5.  For the fiscal year 1996-1997, the Director of the Department of Administration may loan an amount not to exceed $1,250,000 from the state general fund to the budget account for fire suppression and emergency response of the Division of Forestry of the State Department of Conservation and Natural Resources. The loan must be repaid as reimbursements are received by the Division of Forestry from the Federal Government for services provided by the Division, but not later than August 27, 1999.

      Sec. 6.  Section 2 of chapter 372, Statutes of Nevada 1995, at page 915, is hereby amended to read as follows:

       Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [1997,] 1998, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 7.  Chapter 372 of Statutes of Nevada 1995, at page 914, is hereby amended by adding a new section designated sec. 2.5, following sec. 2, to read as follows:

       Sec. 2.5.  1.  Any balance of the sums appropriated by subsections 1 to 4, inclusive, 6 and 7 of section 1 of this act remaining on June 30, 1997, must be carried forward to fiscal year 1997-1998 to replace the overhead door on the airplane hangar at the Minden airport that is used by the Division of Forestry of the State Department of Conservation and Natural Resources.

       2.  Any balance of the sum appropriated by subsection 5 of section 1 of this act remaining on June 30, 1997, must be carried forward to fiscal year 1997-1998 for training pilots employed by the Division of Wildlife of the State Department of Conservation and Natural Resources in fire-suppression techniques.

      Sec. 8.  This act becomes effective on June 30, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 3057ê

 

CHAPTER 609, AB 607

Assembly Bill No. 607–Committee on Ways and Means

CHAPTER 609

AN ACT relating to the division of child and family services of the department of human resources; creating certain revolving accounts for the use of the division; providing for the use of the money in the revolving accounts; merging certain gift accounts in the department of human resources’ gift fund; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 423.010 is hereby amended to read as follows:

      423.010  As used in this chapter:

      1.  “Administrator” means the administrator of the division . [of child and family services in the department.]

      2.  “Department” means the department of human resources.

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

      4.  “Division” means the division of child and family services of the department.

      5.  “Superintendent” means the superintendent of the northern Nevada children’s home or the superintendent of the southern Nevada children’s home.

      Sec. 2.  NRS 423.130 is hereby amended to read as follows:

      423.130  1.  All gifts of money [which the northern Nevada children’s home] that the division is authorized to accept must be deposited in the [state treasury to the credit of the northern] Nevada children’s [home’s] gift account in the department of human resources’ gift fund.

      2.  [All gifts of money which the southern Nevada children’s home is authorized to accept must be deposited in the state treasury to the credit of the southern Nevada children’s home’s gift account in the department of human resources’ gift fund.

      3.  Except as otherwise provided in NRS 423.135, money] Money in the gift [accounts] account may be used [:

      (a) For children’s home purposes; and

      (b) To] to benefit the children to whom shelter and care is provided [under a contract entered into pursuant to NRS 423.147.] by the division. Each gift must be expended in accordance with the terms of the gift.

      3.  The interest and income earned on the money in the Nevada Children’s gift account, after deducting any applicable charges, must be credited to the gift account.

      4.  The division may transfer each fiscal year from the Nevada children’s gift account to the Nevada children’s gift revolving account created pursuant to NRS 423.135 an amount not to exceed the amount of interest and income earned for that fiscal year on the money in the Nevada children’s gift account.

      [4.] 5.  Each claim against the [northern] Nevada children’s [home or the southern Nevada children’s home] gift account must be approved by the [superintendent of the home to which it pertains] administrator or his designee before it is paid.


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

ê1997 Statutes of Nevada, Page 3058 (Chapter 609, AB 607)ê

 

[superintendent of the home to which it pertains] administrator or his designee before it is paid.

      Sec. 3.  NRS 423.135 is hereby amended to read as follows:

      423.135  1.  The [interest and income earned on money in the northern] Nevada children’s [home’s] gift revolving account [and the southern Nevada children’s home’s gift account deposited pursuant to NRS 423.130] is hereby created. All money in the Nevada children’s gift revolving account must be deposited in a financial institution qualified to receive deposits of public money and must be secured with a depository bond that is satisfactory to the state board of examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation.

      2.  The money in the Nevada children’s gift revolving account may be distributed by the division to foster parents, upon request, on the basis of need, to pay the costs associated with participation by a child in foster care in intramural, recreational, social, school and sports-related activities, including, but not limited to, uniforms and equipment, the rental of musical instruments, registration fees and art lessons.

      [2.] 3.  All requests for distributions of money [pursuant to subsection 1] from the Nevada children’s gift revolving account must be made to the division in writing. The person making the request must demonstrate that all other resources for money to pay for the activity have been exhausted.

      [3.] 4.  The division [:

      (a) Shall not distribute more than $25,000 per year pursuant to this section.

      (b) Shall] shall develop policies for the administration of this [program.] section.

      5.  Purchases made by the division pursuant to this section are exempt from the provisions of the State Purchasing Act.

      6.  The balance in the Nevada children’s gift revolving account must be carried forward at the end of each fiscal year.

      Sec. 4.  Chapter 432 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  There is hereby created the placement prevention revolving account in the amount of $25,000 to be used for the payment of claims of recipients of goods or services from the division and vendors providing goods or services to those recipients pursuant to procedures established by the division.

      2.  Upon written request from the administrator, the state controller shall draw his warrant from money already authorized for the use of the division in the sum of $25,000. When the warrant is paid, the administrator shall deposit the money in a financial institution qualified to receive deposits of public money. All money deposited in the placement prevention revolving account pursuant to this section must be secured with a depository bond that is satisfactory to the state board of examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation.

      3.  After an expenditure of money from the placement prevention revolving account, the administrator shall present a claim to the state board of examiners to maintain a balance of $25,000. If the claim is approved by the state board of examiners, the state controller shall draw his warrant from money already authorized for the use of the division in the amount of the claim in favor of the placement prevention revolving account, and the state treasurer shall pay the warrant.


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

ê1997 Statutes of Nevada, Page 3059 (Chapter 609, AB 607)ê

 

from money already authorized for the use of the division in the amount of the claim in favor of the placement prevention revolving account, and the state treasurer shall pay the warrant.

      4.  Money in the placement prevention revolving account does not revert to the state general fund at the end of the fiscal year, and the balance in the account must be carried forward.

      5.  Purchases made by the division pursuant to this section are exempt from the State Purchasing Act.

      Sec. 5.  The state treasurer shall transfer to the Nevada children’s gift account in the department of human resources’ gift fund created pursuant to NRS 423.130 the balance remaining at the close of the fiscal year ending June 30, 1997, in:

      1.  The northern Nevada children’s home’s gift account in the department of human resources’ gift fund; and

      2.  The southern Nevada children’s home’s gift account in the department of human resources’ gift fund.

      Sec. 6.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 610, AB 619

Assembly Bill No. 619–Committee on Natural Resources, Agriculture, and Mining

CHAPTER 610

AN ACT making an appropriation for the management of estray horses in the Virginia Range area in northern Nevada and creating a special account for the money appropriated; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the state general fund to the revolving account for the management of estray horses in the Virginia Range, created in section 2 of this act, the sum of $10,000 for the management of estray horses in the Virginia Range area in northern Nevada.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 2.  1.  The revolving account for the management of estray horses in the Virginia Range is hereby created in the state general fund. The Administrator of the Division of Agriculture of the Department of Business and Industry shall administer the account and is hereby authorized to expend the money in the account for the management of estray horses in the Virginia Range area.

      2.  All proceeds from the sale of estray horses from the Virginia Range area in northern Nevada and any gifts, grants, donations or other money received by the Division of Agriculture for the management of estray horses in the Virginia Range must be deposited in the state general fund for credit to the revolving account for the management of estray horses in the Virginia Range.


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

ê1997 Statutes of Nevada, Page 3060 (Chapter 610, AB 619)ê

 

in the Virginia Range must be deposited in the state general fund for credit to the revolving account for the management of estray horses in the Virginia Range.

      3.  The provisions of subsection 3 of NRS 569.010 do not apply to the proceeds derived from the sale of estray horses from the Virginia Range.

      Sec. 3.  The Administrator of the Division of Agriculture of the Department of Business and Industry shall designate the boundaries of the Virginia Range area in northern Nevada.

      Sec. 4.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 611, AB 623

Assembly Bill No. 623–Committee on Transportation

CHAPTER 611

AN ACT relating to traffic violations; providing for the reporting of certain violations observed by the driver of a school bus; increasing the penalty for certain violations involving a school bus; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The driver of a school bus who observes a violation of NRS 484.357 may prepare a report of the violation. The report must be signed by the driver and include:

      (a) The date, time and approximate location of the violation;

      (b) The number and state of issuance of the license plate of the vehicle whose driver committed the violation; and

      (c) An identification of the vehicle by type and color.

      2.  The driver of a school bus who prepares a report pursuant to subsection 1 shall, within 2 working days after the violation, send the report to the superintendent of his school district and a copy to the department, which shall thereupon mail to the last known registered owner of the vehicle a notice containing:

      (a) The information included in the report;

      (b) The provisions of NRS 484.357; and

      (c) An explanation that the notice is not a citation but a warning of the seriousness of the violation.

      Sec. 2.  NRS 484.357 is hereby amended to read as follows:

      484.357  1.  Except as otherwise provided in subsection 2, the driver of any vehicle upon a highway, street or road, when meeting or overtaking, from either direction, any school bus, equipped with signs and signals required by law, which has stopped on the highway, street or road to receive or discharge any pupil and is displaying a flashing red light signal visible from the front and rear, shall bring his vehicle to an immediate stop and shall not attempt to overtake or proceed past the school bus until the flashing red signal ceases operation.


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

ê1997 Statutes of Nevada, Page 3061 (Chapter 611, AB 623)ê

 

and shall not attempt to overtake or proceed past the school bus until the flashing red signal ceases operation.

      2.  The driver of a vehicle upon a divided highway need not stop upon meeting or passing a school bus which is positioned in the other roadway. The driver of a vehicle need not stop upon meeting or passing a school bus where traffic is controlled by a traffic officer.

      3.  Any person who violates any of the provisions of this section is guilty of a misdemeanor [.] and:

      (a) For a third or any subsequent offense within 2 years after the most recent offense, shall be punished by a fine of not more than $1,000 and his driver’s license must be suspended for not more than 1 year.

      (b) For a second offense within 1 year after the first offense, shall be punished by a fine of not less than $250 nor more than $500 and his driver’s license must be suspended for 6 months.

      (c) For a first offense or any subsequent offense for which a punishment is not provided for in paragraph (a) or (b), shall be punished by a fine of not less than $250 nor more than $500.

________

 

CHAPTER 612, AB 625

Assembly Bill No. 625–Committee on Ways and Means

CHAPTER 612

AN ACT making an appropriation to the Department of Transportation for the construction of a bridge east of the Vista Interchange of Interstate Highway No. 80; and providing other matters properly relating thereto.

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state highway fund to the Department of Transportation the sum of $1,000,000 for the construction of a bridge approximately 12 miles east of the Vista Interchange of Interstate Highway No. 80.

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

      Sec. 3.  This act becomes effective on July 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 3062ê

 

CHAPTER 613, AB 628

Assembly Bill No. 628–Committee on Judiciary

CHAPTER 613

AN ACT relating to justices’ courts; revising the provision governing the number of justices of the peace authorized in townships; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 4.020 is hereby amended to read as follows:

      4.020  1.  There must be one justice’s court in each of the townships of the state, for which there must be elected by the qualified electors of the township at least one justice of the peace. Except as otherwise provided in subsection [2, the qualified electors of the township may increase] 3, the number of justices of the peace in a township must be increased according to the population of the township, as certified by the governor in even-numbered years pursuant to NRS 360.285, in accordance with and not to exceed the following schedule:

      (a) In a county whose population is 400,000 or more, one justice of the peace for each 100,000 population of the township, or fraction thereof.

      (b) In a county whose population is 100,000 or more and less than 400,000, one justice of the peace for each 50,000 population of the township, or fraction thereof.

      (c) In a county whose population is less than 100,000, one justice of the peace for each 34,000 population of the township, or fraction thereof.

      (d) If a township includes a city created by the consolidation of a city and county into one municipal government, one justice of the peace for each 30,000 population of the township, or fraction thereof.

      2.  Except as otherwise provided in subsection 3, if the schedule set forth in subsection 1 provides for an increase in the number of justices of the peace in a township, the new justice or justices of the peace must be elected at the next ensuing biennial election.

      3.  If the schedule set forth in subsection 1 [allows] provides for an increase in the number of justices of the peace in a township and, in the opinion of a majority of the justices of the peace in that township, the case load does not warrant an additional justice of the peace, the justices of the peace shall notify the director of the legislative counsel bureau and the board of county commissioners of their opinion [.] on or before March 15 of the even-numbered year in which the population of the township provides for such an increase. The director of the legislative counsel bureau shall submit the opinion to the next regular session of the legislature for its consideration. If the justices of the peace transmit such a notice to the director [,] of the legislative counsel bureau and the board of county commissioners, the number of justices [may] must not be increased during that period unless the legislature, by resolution, expressly approves the increase.


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ê1997 Statutes of Nevada, Page 3063 (Chapter 613, AB 628)ê

 

      [3.] 4.  Justices of the peace shall receive certificates of election from the boards of county commissioners of their respective counties.

      [4.] 5.  The clerk of the board of county commissioners shall, within 10 days after the election or appointment and qualification of any justice of the peace, certify under seal to the secretary of state the election or appointment and qualification of the justice of the peace. The certificate must be filed in the office of the secretary of state as evidence of the official character of that officer.

      Sec. 2.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

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CHAPTER 614, AB 630

Assembly Bill No. 630–Committee on Elections, Procedures, and Ethics

CHAPTER 614

AN ACT relating to elections; requiring fiscal notes for constitutional amendments and statewide measures proposed by initiative petitions or referenda to be prepared by the secretary of state upon consultation with the fiscal analysis division of the legislative counsel bureau; requiring the legislative counsel bureau to distribute copies of the fiscal notes for constitutional amendments and statewide measures to members of the legislature, public libraries, newspapers and broadcasters; providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.443 is hereby amended to read as follows:

      218.443  1.  As used in this section, “first committee of reference” means the committee to which a bill or joint resolution was first referred in the house of the legislature into which it was introduced.

      2.  Upon request from the first committee of reference, the legal , [and] research and fiscal analysis divisions of the legislative counsel bureau shall prepare, for any proposed constitutional amendment or statewide measure which, if approved by the legislature, would be submitted to a vote of the people:

      (a) A condensation of the proposal into a question to be placed on the ballot; [and]

      (b) An explanation of the proposal, including arguments for and against it [.] ; and

      (c) A fiscal note for the proposal, including an explanation of any anticipated financial effects on state and local governments.

      3.  The condensation , [and] explanation and fiscal note must be of reasonable length and written in easily understood language.

      4.  After the bill or joint resolution has been approved by both houses of the legislature, the first committee of reference shall request the preparation of the condensation , [and] explanation [,] and fiscal note, if it has not already done so, and shall review the draft and approve such changes as it deems necessary.


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ê1997 Statutes of Nevada, Page 3064 (Chapter 614, AB 630)ê

 

already done so, and shall review the draft and approve such changes as it deems necessary.

      5.  The first committee of reference shall [then] submit the condensation [and explanation,] , explanation and fiscal note, in the form of a simple resolution, to the members of the house in which the proposed constitutional amendment or statewide measure was introduced. After that resolution is approved, it must be entered in the journal in its entirety and the enrolled resolution delivered to the secretary of state to accompany the bill or joint resolution to which it relates.

      6.  If the legislature adjourns before the procedures set forth in subsections 4 and 5 have been completed, the legislative commission shall review, revise and approve the condensation , [and] explanation and fiscal note for delivery to the secretary of state on or before [April] July 1 of the year in which the general election is to be held.

      7.  In the case of a joint resolution which proposes a constitutional amendment, the condensation , [and] explanation and fiscal note must be treated in the same manner when the proposal is before the legislature for its second approval as when the proposal was first approved.

      8.  The legislative counsel bureau shall distribute copies of the condensations , [and] explanations and fiscal notes to members of the legislature, public libraries, newspapers and broadcasters.

      Sec. 2.  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:

      (a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, 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] The secretary of state 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] The secretary of state 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] The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the fiscal analysis division of the legislative counsel bureau.


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ê1997 Statutes of Nevada, Page 3065 (Chapter 614, AB 630)ê

 

secretary of state, upon consultation with the fiscal analysis division of the legislative counsel bureau. The condensations, explanations and fiscal notes must be in easily understood language and of reasonable length, and whenever feasible must be completed by [April] August 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. 3.  NRS 293.253 is hereby amended to read as follows:

      293.253  1.  The secretary of state shall provide each county clerk with copies of any proposed constitution, constitutional amendment or statewide measure which will appear on the general election ballot, together with the copies of the condensations, explanations and fiscal notes prepared pursuant to NRS [218.276,] 218.443 and 293.250.

      2.  Whenever feasible, he shall provide [these] those copies on or before the first Monday in August of the year in which the proposals will appear on the ballot. Copies of any additional proposals must be provided as soon after their filing as feasible.

      3.  Each county clerk shall cause a copy of the full text of any such constitution, amendment or measure and its condensation, explanation, including arguments for and against it, and fiscal note to be published, in conspicuous display advertising format of not less than 10 column inches, in a newspaper of general circulation in the county three times at intervals of not less than 7 days, the first publication to be on or before the first Monday in October. If no such newspaper is published in the county, [then] the publication may be made in a newspaper of general circulation published in the nearest Nevada county.

      4.  [When] If a copy is furnished by the secretary of state too late to be published at 7-day intervals, it must be published three times at the longest intervals feasible in each county.

      5.  The portion of the cost of publication which is attributable to publishing the questions, explanations and fiscal notes of proposed constitutions, constitutional amendments or statewide measures is a charge against the state and must be paid from the reserve for statutory contingency account upon recommendation by the secretary of state and approval by the state board of examiners.

      Sec. 4.  NRS 293.565 is hereby amended to read as follows:

      293.565  1.  Except as otherwise provided in subsection 2, sample ballots must include:

      (a) The fiscal note, as provided pursuant to NRS [218.276,] 218.443 or 293.250, for each proposed constitutional amendment or statewide measure;

      (b) An explanation, as provided pursuant to NRS 218.443, of each proposed constitutional amendment or statewide measure, including arguments for and against it; and

      (c) The full text of each proposed constitutional amendment.


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ê1997 Statutes of Nevada, Page 3066 (Chapter 614, AB 630)ê

 

      2.  Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:

      (a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;

      (b) The county or city clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and

      (c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.

      3.  At least 10 days before any election, the county or city clerk shall cause to be mailed to each registered voter in the county or city a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:

      (a) The county or city clerk shall mail a notice of the change to each registered voter in the county or city not sooner than 10 days before mailing the sample ballots; or

      (b) The sample ballot must also include a notice in at least 10-point bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

      4.  The county or city clerk shall include in each sample ballot for a primary election or primary city election, a separate page on which is printed a list of the offices and candidates for those offices for which there is no opposition.

      5.  The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.

      Sec. 5.  NRS 218.276 is hereby repealed.

      Sec. 6.  Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1997.

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