[Rev. 3/18/2013 2:50:06 PM]

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ê1997 Statutes of Nevada, Page 3323ê

 

CHAPTER 665, SB 446

Senate Bill No. 446–Senator Porter

CHAPTER 665

AN ACT relating to marriage; increasing the number of branch offices of the county clerk that may be designated by the board of county commissioners for the issuance of marriage licenses in certain counties; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  NRS 122.040 is hereby amended to read as follows:

      122.040  1.  Before persons may be joined in marriage, a license must be obtained for that purpose from the county clerk of any county in the state. Except as otherwise provided in this subsection, the license must be issued at the county seat of that county. The board of county commissioners :

      (a) In a county whose population is 400,000 or more may, at the request of the county clerk, designate two branch offices of the county clerk at which marriage licenses may be issued, if the designated branch offices are located outside of the county seat.

      (b) In a county whose population is less than 400,000 may, at the request of the county clerk, designate one branch office of the county clerk at which marriage licenses may be issued, if the designated branch office is established in a county office building which is located outside of the county seat.

      2.  Before issuing a marriage license, the county clerk may require evidence that the applicant for the license is of age. The county clerk shall accept a statement under oath by the applicant and the applicant’s parent, if available, that the applicant is of age.

      3.  The county clerk issuing the license shall require the applicant to answer under oath each of the questions contained in the form of license, and, if the applicant cannot answer positively any questions with reference to the other person named in the license, the clerk shall require both persons named in the license to appear before him and to answer, under oath, the questions contained in the form of license. If any of the information required is unknown to the person responding to the question, he must state that the answer is unknown.

      4.  If any of the persons intending to marry is under age and has not been previously married, and if the authorization of a district court is not required, the clerk shall issue the license if the consent of the parent or guardian is:

      (a) Personally given before the clerk;

      (b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom must appear before the clerk and make oath that he saw the parent or guardian subscribe his name to the annexed certificate, or heard him or her acknowledge it; or


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ê1997 Statutes of Nevada, Page 3324 (Chapter 665, SB 446)ê

 

      (c) In writing, subscribed to and acknowledged before a person authorized by law to administer oaths. A facsimile of the acknowledged writing must be accepted if the original is not available.

      5.  If the authorization of a district court is required, the county clerk shall issue the license if that authorization is given to him in writing.

      6.  All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010.

      7.  A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.

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

________

 

CHAPTER 666, SB 214

Senate Bill No. 214–Committee on Government Affairs

CHAPTER 666

AN ACT relating to state government; revising the provisions regarding the use of governmental property by specified public officers and employees under certain circumstances; providing for the filing of a statement of disclosure by a member of the legislature; revising the requirements for the submission of certain requests for opinions from the commission on ethics; revising the provisions regarding the confidentiality of matters before the commission; authorizing the commission to impose civil penalties and assess attorney’s fees against certain persons in certain circumstances; revising the provisions regarding the disclosure of gifts on statements of financial disclosure; eliminating the criminal penalty for willful failure to file a statement of financial disclosure; establishing a civil penalty for failure to file in a timely manner statements of financial disclosure; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  NRS 281.481 is hereby amended to read as follows:

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

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

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

      3.  A public officer or employee shall not participate as an agent of government in the negotiation or execution of a contract between the government and any private business in which he has a significant pecuniary interest.


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ê1997 Statutes of Nevada, Page 3325 (Chapter 666, SB 214)ê

 

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

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

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

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

      (a) A limited use of governmental property, equipment or other facility for personal purposes if:

             (1) The public officer who is responsible for and has authority to authorize the use of such property, equipment or other facility has established a policy allowing the use or the use is necessary as a result of emergency circumstances;

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

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

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

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

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

If a governmental agency incurs a cost as a result of a use that is authorized pursuant to this subsection or would ordinarily charge a member of the general public for the use, the public officer or employee shall promptly reimburse the cost or pay the charge to the governmental agency.

      8.  A member of the legislature shall not:

      (a) Use governmental time, property, equipment or other facility for a nongovernmental purpose or for the private benefit of himself or any other person. This paragraph does not prohibit:

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

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

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

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

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

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


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ê1997 Statutes of Nevada, Page 3326 (Chapter 666, SB 214)ê

 

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

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

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

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

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

      Sec. 2.  NRS 281.501 is hereby amended to read as follows:

      281.501  1.  Except as otherwise provided in subsection 2 or 3, a member of the legislative branch may vote upon a matter if the benefit or detriment accruing to him as a result of the decision either individually or in a representative capacity as a member of a general business, profession, occupation or group is not greater than that accruing to any other member of the general business, profession, occupation or group.

      2.  In addition to the requirements of the code of ethical standards, a member of the legislative branch shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by:

      (a) His acceptance of a gift or loan;

      (b) His pecuniary interest; or

      (c) His commitment in a private capacity to the interests of others.

It must be presumed that the independence of judgment of a reasonable person would not be materially affected by his pecuniary interest or his commitment in a private capacity to the interests of others where the resulting benefit or detriment accruing to him or to the other persons whose interests to which the member is committed in a private capacity is not greater than that accruing to any other member of the general business, profession, occupation or group.

      3.  A public officer or employee shall not approve, disapprove, vote, abstain from voting or otherwise act upon any matter:

      (a) Regarding which he has accepted a gift or loan;

      (b) Which would reasonably be affected by his commitment in a private capacity to the interest of others; or

      (c) In which he has a pecuniary interest,

without disclosing the full nature and extent of the gift, loan, commitment or interest. [Such] Except as otherwise provided in subsection 6, such a disclosure must be made at the time the matter is considered. If the officer or employee is a member of a body which makes decisions, he shall make the disclosure in public to the chairman and other members of the body. If the officer or employee is not a member of such a body and holds an appointive office, he shall make the disclosure to the supervisory head of his organization or, if he holds an elective office, to the general public in the area from which he is elected.


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ê1997 Statutes of Nevada, Page 3327 (Chapter 666, SB 214)ê

 

      4.  If a member of the legislative branch declares to the legislative body or committee in which the vote is to be taken that he will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule, is reduced as though the member abstaining were not a member of the body or committee.

      5.  If a member of the legislative branch is voting on a matter which affects public employees, he shall make a full public disclosure of any personal pecuniary interest which he may have in the matter.

      6.  After a member of the legislative branch makes a disclosure pursuant to subsection 3, he may file with the director of the legislative counsel bureau a written statement of his disclosure. The written statement must designate the matter to which the disclosure applies. After a legislator files a written statement pursuant to this subsection, he is not required to disclose orally his interest when the matter is further considered by the legislature or any committee thereof. A written statement of disclosure is a public record and must be made available for inspection by the public during the regular office hours of the legislative counsel bureau.

      Sec. 3.  NRS 281.511 is hereby amended to read as follows:

      281.511  1.  The commission shall render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances [,] upon request [,] from a public officer or employee who is seeking guidance on questions which directly relate to the propriety of his own past, present or future conduct as an officer or employee. He may also request the commission to hold a public hearing regarding the requested opinion. If a requested opinion relates to the propriety of his own present or future conduct, the opinion of the commission is:

      (a) Binding upon the requester as to his future conduct; and

      (b) Final and subject to judicial review pursuant to NRS 233B.130, except that [any] a proceeding regarding this review must be held in closed court without admittance of [any person] persons other than those necessary to the proceeding, unless this right to confidential proceedings is waived by the requester.

      2.  The commission may render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances:

      (a) Upon request from a specialized or local ethics committee . [;]

      (b) Upon request from [any] a person, if the requester [submits] :

             (1) Submits all related evidence deemed necessary by the commission for it to make a preliminary determination of whether [it desires to take jurisdiction over the matter; or] there is just and sufficient cause to render an opinion in the matter; and

             (2) Signs a statement on a form prescribed by the commission in which he affirms that:

                   (I) The accusation or information contained in the request is true;

                   (II) He did not submit the request in bad faith or with a vexatious purpose; and

                   (III) He understands that the commission may impose penalties upon him pursuant to NRS 281.551 if the commission determines that the accusation or information is false and was submitted in bad faith, with a vexatious purpose or in connection with a request for an opinion that the commission determines to be without merit.


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ê1997 Statutes of Nevada, Page 3328 (Chapter 666, SB 214)ê

 

accusation or information is false and was submitted in bad faith, with a vexatious purpose or in connection with a request for an opinion that the commission determines to be without merit.

      (c) Upon the commission’s own motion regarding the propriety of conduct by a public officer or employee, if the commission first determines in an adopted motion that there is just and sufficient cause to render an opinion concerning the conduct of that public officer or employee . [,

on the condition that any public officer or employee about whom an opinion is requested or authorized must be notified immediately by certified mail that an opinion has been requested or authorized and that he has a right to appear before the commission and present evidence and argument.] The commission shall not [issue an opinion nor determine] initiate proceedings pursuant to this paragraph based solely upon an anonymous complaint. Proceedings that the commission initiates pursuant to this paragraph must remain confidential unless the commission determines that there is just and sufficient cause to render an opinion.

The commission shall not determine that there is just and sufficient cause [exists] to render an opinion without extending the public officer or employee an opportunity to appear before the commission and present evidence and argument.

      3.  The commission shall render [the] an opinion requested pursuant to this section as expeditiously as possible in light of the circumstances of the public officer or employee about whom the opinion is requested, so as to minimize [any] adverse consequences to him that may result from [any] a delay in issuing the opinion.

      4.  Each request for an opinion [submitted] that a public officer or employee submits to the commission pursuant to subsection 1 [or 2, each such] , each opinion rendered by the commission in response to such a request and any motion, preliminary determination, evidence or record of a hearing relating to such a request are confidential unless [:

      (a) It is an opinion requested pursuant to subsection 1 and] the public officer or employee who requested the opinion:

             [(1)] (a) Acts in contravention of the opinion, in which case the commission may disclose the request for the opinion, the contents of the opinion and any motion, evidence or record of a hearing related thereto;

             [(2)] (b) Discloses the request for the opinion, the contents of the opinion or any motion, evidence or record of a hearing related thereto; or

             [(3)] (c) Requests the commission to disclose the request for the opinion, the contents of the opinion or any motion, evidence or record of a hearing related thereto . [; or

      (b) It is an opinion requested pursuant to subsection 2 regarding the past conduct of a public officer or employee and:

             (1) The commission determines pursuant to subsection 2 that there is just and sufficient cause to render an opinion, in which case the commission may open the proceedings to the public and disclose the request for the opinion, the contents of the opinion and any motion, preliminary determination, evidence or record of a hearing related thereto;


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ê1997 Statutes of Nevada, Page 3329 (Chapter 666, SB 214)ê

 

             (2) The commission determines that there is insufficient basis to render an opinion and the person about whom the opinion was requested has asked the commission to make public the reasons for not rendering the opinion; or

             (3) The person about whom the opinion was requested discloses the request for the opinion, the contents of the opinion, or any motion, preliminary determination, evidence or record of a hearing related thereto.

      5.  If an opinion is requested and a motion that there is just and sufficient cause to render an opinion has been adopted by the commission,]

      5.  Except as otherwise provided in this subsection, each document in the possession of the commission that is related to a request for an opinion regarding a public officer or employee submitted to the commission pursuant to paragraph (b) of subsection 2, including the commission’s copy of the request and all materials and information gathered in an investigation of the request, is confidential until the commission determines whether there is just and sufficient cause to render an opinion in the matter. The public officer or employee who is the subject of a request for an opinion submitted pursuant to paragraph (b) of subsection 2 may in writing authorize the commission to make its files, material and information which are related to the request publicly available.

      6.  Whenever the commission holds a hearing for a purpose other than to determine whether there is just and sufficient cause to render an opinion in a matter, the commission shall:

      (a) Notify the person about whom the opinion was requested of the place and time of the commission’s hearing on the matter;

      (b) Allow [him] the person to be represented by counsel; and

      (c) Allow [him] the person to hear the evidence presented to the commission and to respond and present evidence on his own behalf.

The commission’s hearing may be held no sooner than 2 weeks after the notice is given [.

      6.  If any person requesting] unless the person agrees to a shorter time.

      7.  If a person who requests an opinion pursuant to subsection 1 or 2 does not:

      (a) Submit all necessary information to the commission; and

      (b) Declare by oath or affirmation that he will testify truthfully,

the commission may decline to render an opinion.

      [7.] 8.  For the purposes of NRS 41.032, the members of the commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking [any] an action related to the rendering of an opinion pursuant to this section.

      [8.] 9.  Except as otherwise provided in this subsection, the commission shall publish hypothetical opinions which are abstracted from the opinions rendered pursuant to subsection 1 , [or 2,] for the future guidance of all persons concerned with ethical standards in government. [The commission need not publish a hypothetical opinion regarding issues covered by an opinion which was made public in accordance with subsection 4.

      9.] 10.  A meeting or hearing [held by] that the commission holds to receive information or evidence concerning the propriety of the conduct of [any] a public officer or employee pursuant to this section and the commission’s deliberations on [the] such information or evidence are not subject to [any provision] the provisions of chapter 241 of NRS.


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ê1997 Statutes of Nevada, Page 3330 (Chapter 666, SB 214)ê

 

commission’s deliberations on [the] such information or evidence are not subject to [any provision] the provisions of chapter 241 of NRS.

      Sec. 4.  NRS 281.551 is hereby amended to read as follows:

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

      2.  In addition to [any other penalty] other penalties provided by law, the commission may impose a civil penalty not to exceed $5,000 [on any] and assess an amount equal to the amount of attorney’s fees and costs actually and reasonably incurred by the person about whom an opinion was requested pursuant to NRS 281.511, against a person who [knowingly or maliciously submits to the commission any false accusation or false information, or submits to the commission any false accusation or false information in bad faith or who, by fraud or artifice, prevents the discovery of a violation of this chapter.

      3.  In addition to any other penalty provided by law, the commission may impose a civil penalty not to exceed $5,000 on a person, other than the person about whom an opinion is requested, who:

      (a) Participates in any activity relating to the request for the opinion;

      (b) Is directed by the commission to comply with the requirements relating to confidentiality set forth in subsection 4 of NRS 281.511; and

      (c) Subsequently violates those requirements.

      4.] :

      (a) Submits to the commission, in bad faith or with a vexatious purpose, an accusation or information that is false;

      (b) Submits to the commission, in connection with a request for an opinion that the commission determines to be without merit, an accusation or information that is false; or

      (c) Prevents, interferes with or attempts to prevent or interfere with the discovery or investigation of a violation of this chapter.

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

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

      [6.  Any]

      5.  An action taken by a public officer or employee or former public officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505 [shall be deemed not to be] is not a willful violation of [any] a provision of those sections if the public officer or employee:


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ê1997 Statutes of Nevada, Page 3331 (Chapter 666, SB 214)ê

 

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

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

      (c) [The action taken] Took action that was not contrary to [any] a prior opinion issued by the commission to the public officer or employee.

      [7.] 6.  In addition to [any other penalty] other penalties provided by law, a public employee who willfully violates [any] a provision of NRS 281.481, 281.491, 281.501 or 281.505 is subject to disciplinary proceedings by his employer and must be referred for action in accordance to the applicable provisions governing his employment.

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

      [9.] 8.  The imposition of a civil penalty pursuant to [subsections 1 to 4, inclusive,] subsection 1, 2 or 3 is a final decision for the purposes of judicial review.

      9.  In determining for the purposes of this section whether a person submitted an accusation or information in bad faith or with a vexatious purpose, the commission may consider various factors, including, without limitation:

      (a) When the accusation or information was filed with or provided to the commission;

      (b) Whether and, if applicable, in what manner the person who submitted the accusation or information publicly disseminated the accusation or information before the commission determined whether there was just and sufficient cause to render an opinion in the matter;

      (c) Whether the accusation or information sets forth alleged facts or details that are misleading or deceptive; and

      (d) Whether the accusation or information or the conduct of the person who submitted the accusation or information:

             (1) Would be perceived as annoying or harassing by a reasonable person; or

             (2) Demonstrates conscious disregard for the process and procedures established by the commission.

      Sec. 5.  NRS 281.571 is hereby amended to read as follows:

      281.571  1.  Statements of financial disclosure, as approved pursuant to NRS 281.541 or in such form as the commission otherwise prescribes, must contain the following information concerning the candidate or public or judicial officer:

      (a) His length of residence in the State of Nevada and the district in which he is registered to vote.

      (b) Each source of his income, or that of any member of his household. No listing of individual clients, customers or patients is required, but if that is the case, a general source such as “professional services” must be disclosed.


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ê1997 Statutes of Nevada, Page 3332 (Chapter 666, SB 214)ê

 

      (c) A list of the specific location and particular use of [any] real estate, other than a personal residence:

             (1) In which he or a member of his household has a legal or beneficial interest;

             (2) Whose fair market value is $2,500 or more; and

             (3) [Which] That is located in this state or [any] an adjacent state.

      (d) The name of each creditor to whom he or a member of his household owes $5,000 or more, except for:

             (1) A debt secured by a mortgage or deed of trust of real property which is not required to be listed [under] pursuant to paragraph (c); and

             (2) A debt for which a security interest in a motor vehicle for personal use was retained by the seller.

      (e) [A list of all gifts of $200 or more which the public or judicial officer or candidate received during the preceding taxable year,] If the candidate or public or judicial officer has received gifts in excess of an aggregate value of $200 from a donor during the preceding taxable year, a list of each such gift, including the identity of the donor and value of each gift, except:

             (1) A gift received from a person who is related to the candidate or public or judicial officer [or candidate] within the third degree of consanguinity or affinity.

             (2) Ceremonial gifts received for a birthday, wedding, anniversary, holiday or other ceremonial occasion if the donor does not have a substantial interest in the legislative, administrative, judicial or political action of the candidate or public or judicial officer . [or candidate.]

      (f) A list of each business entity with which he or a member of his household is involved as a trustee, beneficiary of a trust, director, officer, owner in whole or in part, limited or general partner, or holder of [any] a class of stock or security representing 1 percent or more of the total outstanding stock or securities issued by the business entity.

      (g) A list of all public offices presently held by him for which this statement of financial disclosure is required.

      2.  The commission shall distribute or cause to be distributed [any] the forms required for such a statement to each candidate and public or judicial officer who is required to file one. The commission is not responsible for the costs of producing or distributing a form for filing statements of financial disclosure which is prescribed pursuant to subsection 1 of NRS 281.541.

      3.  As used in this section:

      (a) “Business entity” means [any] an organization or enterprise operated for economic gain, including a proprietorship, partnership, firm, business, trust, joint venture, syndicate, corporation or association.

      (b) “Household” includes [a] :

             (1) A person who does not live in the same home or dwelling, but who is dependent on and receiving substantial support from the candidate or public or judicial officer [.] ; and

             (2) A person who lived in the home or dwelling of the candidate or public or judicial officer for 6 months or more in the year immediately preceding the year in which the candidate or public or judicial officer files the statement of financial disclosure.


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ê1997 Statutes of Nevada, Page 3333 (Chapter 666, SB 214)ê

 

      Sec. 6.  NRS 281.581 is hereby amended to read as follows:

      281.581  A [willful failure to file a statement of financial disclosure as required by the provisions of NRS 281.561 and 281.571 or regulations adopted thereunder is a misdemeanor.] candidate or public or judicial officer who fails to file his statement of financial disclosure in a timely manner pursuant to NRS 281.561 is subject to a civil penalty and payment of court costs and attorney’s fees. The amount of the civil penalty is:

      1.  If the statement is filed not more than 7 days late, $25 for each day the statement is late.

      2.  If the statement is filed more than 7 days late but not more than 15 days late, $175 for the first 7 days, plus $50 for each additional day the statement is late.

      3.  If the statement is filed more than 15 days late, $575 for the first 15 days, plus $100 for each additional day the statement is late.

The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the commission in a court of competent jurisdiction and deposited with the state treasurer for credit to the state general fund.

      Sec. 7.  Section 47 of Senate Bill No. 215 of this session is hereby amended to read as follows:

       Sec. 47.  NRS 281.551 is hereby amended to read as follows:

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

       2.  In addition to other penalties provided by law, the commission may impose a civil penalty not to exceed $5,000 and assess an amount equal to the amount of attorney’s fees and costs actually and reasonably incurred by the person about whom an opinion was requested pursuant to NRS 281.511, against a person who:

       (a) Submits to the commission, in bad faith or with a vexatious purpose, an accusation or information that is false;

       (b) Submits to the commission, in connection with a request for an opinion that the commission determines to be without merit, an accusation or information that is false; or

       (c) Prevents, interferes with or attempts to prevent or interfere with the discovery or investigation of a violation of this chapter.

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

       4.  Except as otherwise provided in this subsection, and in addition to any other penalty provided by law, the commission may impose on any person who violates any provision of section 15 or 16 of this act a civil penalty not to exceed $10,000. If the commission finds that a violation of section 15 or 16 of this act occurred within 10 days before an election, including any recall or special election, the commission may impose on the person who committed such a violation a civil penalty not to exceed $30,000.


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ê1997 Statutes of Nevada, Page 3334 (Chapter 666, SB 214)ê

 

may impose on the person who committed such a violation a civil penalty not to exceed $30,000.

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

       [5.] 6.  An action taken by a public officer or employee or former public officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505 is not a willful violation of a provision of those sections if the public officer or employee:

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

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

       (c) Took action that was not contrary to a prior opinion issued by the commission to the public officer or employee.

       [6.] 7.  In addition to other penalties provided by law, a public employee who willfully violates a provision of NRS 281.481, 281.491, 281.501 or 281.505 is subject to disciplinary proceedings by his employer and must be referred for action in accordance to the applicable provisions governing his employment.

       [7.] 8.  NRS 281.481 to 281.541, inclusive, do not abrogate or decrease the effect of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees.

       [8.] 9.  The imposition of a civil penalty pursuant to [subsection 1, 2 or 3] subsections 1 to 4, inclusive, is a final decision for the purposes of judicial review.

       [9.] 10.  In determining for the purposes of this section whether a person submitted an accusation or information in bad faith or with a vexatious purpose, the commission may consider various factors, including, without limitation:

       (a) When the accusation or information was filed with or provided to the commission;

       (b) Whether and, if applicable, in what manner the person who submitted the accusation or information publicly disseminated the accusation or information before the commission determined whether there was just and sufficient cause to render an opinion in the matter;

       (c) Whether the accusation or information sets forth alleged facts or details that are misleading or deceptive; and

       (d) Whether the accusation or information or the conduct of the person who submitted the accusation or information:

             (1) Would be perceived as annoying or harassing by a reasonable person; or

             (2) Demonstrates conscious disregard for the process and procedures established by the commission.


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

ê1997 Statutes of Nevada, Page 3335 (Chapter 666, SB 214)ê

 

      Sec. 8.  The amendatory provisions of this act do not apply to a person who fails to file his statement of financial disclosure in a timely manner before the effective date of this act.

      Sec. 9.  This act becomes effective upon passage and approval.

________

 

CHAPTER 667, SB 478

Senate Bill No. 478–Committee on Human Resources and Facilities

CHAPTER 667

AN ACT relating to the Nevada commissioner for veteran affairs; revising the circumstances under which the commissioner may act as guardian of the estate of certain persons; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  NRS 417.110 is hereby amended to read as follows:

      417.110  1.  [Subject to the provisions of subsection 2, the] The commissioner may act as guardian of the estate of:

      (a) The minor child of a deceased veteran.

      (b) An insane or incompetent veteran.

      (c) A person who is certified by the Department of Veterans Affairs as having money due from the Department of Veterans Affairs, the payment of which is dependent upon the appointment of a guardian for the person.

      2.  [The commissioner may act as guardian as provided in subsection 1 only if at the time of appointment the estate, exclusive of money paid or to be paid by the Federal Government, does not exceed $2,500 in personal property or $3,500 in real property, or $2,500 in personal property and $3,500 in real property.

      3.]  If a person for whom the commissioner acts as guardian receives a monthly income of $500 or more, the commissioner may charge a fee of 5 percent of the income of the estate of the person to pay for the expenses of providing the guardianship service.

      Sec. 2.  NRS 417.130 is hereby amended to read as follows:

      417.130  1.  Notwithstanding the provisions of subsection [3] 2 of NRS 417.110, the commissioner may receive a fee, in an amount set by the court, for his guardianship services in any estate where the ward dies leaving no will or heirs.

      2.  The fee must be deposited in a bank account for veterans’ relief.

________

 


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ê1997 Statutes of Nevada, Page 3336ê

 

CHAPTER 668, SB 485

Senate Bill No. 485–Committee on Government Affairs

CHAPTER 668

AN ACT relating to law enforcement; creating an implied agreement between law enforcement agencies regarding certain issues of liability when one law enforcement agency assists another such agency in the absence of an interlocal or cooperative agreement; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  Chapter 277 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In the absence of an interlocal or cooperative agreement entered into pursuant to this chapter, if a law enforcement agency requests the assistance of another law enforcement agency which responds to the request, the law enforcement agencies shall be deemed to have entered into an implied agreement whereby:

      (a) Both law enforcement agencies shall be deemed, for the limited purpose of the exclusive remedy set forth in NRS 616A.020, to employ jointly a person who:

             (1) Is an employee of either law enforcement agency; and

             (2) Sustains an injury by accident while participating in the matter for which assistance was requested.

      (b) Each law enforcement agency shall defend, hold harmless and indemnify the other law enforcement agency and its employees from any claim or liability arising from an act or omission performed by its own employee while participating in the matter for which assistance was requested, unless such act or omission is a negligent act or omission for which the law enforcement agency who employs that employee is not liable pursuant to NRS 41.0336.

      2.  As used in this section:

      (a) “Employee” includes a person who:

             (1) Is paid by a law enforcement agency to serve as a peace officer, as that term is defined in NRS 169.125; or

             (2) Is recognized by and serves a law enforcement agency as a volunteer peace officer, as that term is described in NRS 616A.160.

      (b) “Law enforcement agency” means an agency, office or bureau of this state or a political subdivision of this state, the primary duty of which is to enforce the law.

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

________

 


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ê1997 Statutes of Nevada, Page 3337ê

 

CHAPTER 669, SB 455

Senate Bill No. 455–Committee on Taxation

CHAPTER 669

AN ACT relating to local governmental finances; expanding the duties of the county treasurer to include transmitting fiscal reports to each government entitled to a portion of the taxes received by the treasurer; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  NRS 361.755 is hereby amended to read as follows:

      361.755  At least once each quarter and at such intervals as may be required by the board of county commissioners, the county treasurer [must] shall apportion all the money that [shall have] has come into his hands as ex officio tax receiver since the last apportionment into several funds, as provided by law and he shall make out a statement of the [same] apportionment under oath and transmit the statement to the county auditor [.] and to the governing body of each local government entitled to receive an apportionment of the taxes collected. The county auditor shall file his copy of the statement in his office.

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

________

 

CHAPTER 670, SB 204

Senate Bill No. 204–Committee on Judiciary

CHAPTER 670

AN ACT making an appropriation to the First Judicial District of the State of Nevada for the establishment of programs of treatment for the abuse of alcohol or drugs in certain judicial districts; and providing other matters properly relating thereto.

 

[Approved July 17, 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 administrator of the courts of the First Judicial District of the State of Nevada for the establishment of programs of treatment for the abuse of alcohol or drugs pursuant to NRS 453.580 in the First, Third, Fourth, Fifth, Sixth, Seventh and Ninth Judicial Districts of the State of Nevada:

For the fiscal year 1997-98....................................................................          $105,000

For the fiscal year 1998-99....................................................................          $105,000

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


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

ê1997 Statutes of Nevada, Page 3338 (Chapter 670, SB 204)ê

 

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

________

 

CHAPTER 671, SB 17

Senate Bill No. 17–Committee on Judiciary

CHAPTER 671

AN ACT relating to the state board of parole commissioners; requiring the board to compile and maintain detailed information concerning decisions regarding parole; changing the provisions relating to the professional experience of members of the board; increasing the number of hours of orientation and annual training for members of the board and case hearing representatives; requiring the board to review every 2 years its standards for making decisions regarding parole; making the adoption of regulations by the board subject to the Nevada Administrative Procedure Act; providing for staggered terms for members of the board; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board shall compile and maintain detailed information concerning all decisions regarding parole. The information must include, but is not limited to:

      (a) The board’s reasons for each decision to grant, deny, revoke or continue parole.

      (b) The number of decisions made by the board granting parole, denying parole, revoking parole and continuing parole.

      2.  The board shall organize and tabulate the information compiled pursuant to this section at regular intervals, which must not exceed 3 months.

      Sec. 2.  NRS 213.107 is hereby amended to read as follows:

      213.107  As used in NRS 213.107 to 213.157, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Board” means the state board of parole commissioners.

      2.  “Chief” means the chief parole and probation officer.

      3.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

      4.  “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.

      5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

      6.  “Sexual offense” means:

      (a) A violation of NRS 200.366, subsection 3 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;

 


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ê1997 Statutes of Nevada, Page 3339 (Chapter 671, SB 17)ê

 

(a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;

      (b) An attempt to commit any offense listed in paragraph (a); or

      (c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

      7.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief.

      Sec. 3.  NRS 213.108 is hereby amended to read as follows:

      213.108  1.  The state board of parole commissioners is hereby created within the department of motor vehicles and public safety.

      2.  The board consists of seven members appointed by the governor.

      3.  A chairman of the board must be appointed by the governor. The chairman is the executive officer of the board and shall administer its activities and services and is responsible for its management except as otherwise provided in NRS 213.1085.

      4.  Each member of the board must have at least:

      (a) A bachelor’s degree in criminal justice, law enforcement, sociology, psychology, social work, law or the administration of correctional or rehabilitative facilities and programs and not less than 3 years of experience working in one or several of these fields; or

      (b) [Six] Four years of experience in one or several of the fields specified in paragraph (a).

      5.  [At least one member of the board must have experience in at least one, so that among them the members have experience in all, of the following:

      (a) Management of prisons;

      (b) Management of law enforcement, including investigation;

      (c) Management of personnel in parole and probation;

      (d) Social work or therapy with emphasis on family counseling, domestic violence and urban social problems; and

      (e) Advocacy of victim’s rights.

      6.  During his term of service on the board, each member must attend an aggregate of 10 hours of courses in each year, in any combination of the following:

      (a) Programs of correctional treatment, alternative punishments for disobedience, selection of offenders for parole and supervision of parolees;

      (b) Abuse of alcohol and controlled substances, the acquired immune deficiency syndrome, domestic violence, mental illness or mental retardation; and

      (c) Designation of and programs for repeating or professional offenders and problems related to gangs.

The board shall, within the limits of legislative appropriations, pay the expenses of members in attending these courses.

      7.]  Except as otherwise provided in subsection 6, when making an appointment to the board, the governor shall, to the extent practicable:


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

ê1997 Statutes of Nevada, Page 3340 (Chapter 671, SB 17)ê

 

      (a) Appoint a person who has experience in the field of:

             (1) Prisons;

             (2) Parole and probation;

             (3) Law enforcement, including investigation;

             (4) Criminal law as the attorney general, a deputy attorney general, a district attorney or a deputy district attorney;

             (5) Social work or therapy with emphasis on family counseling, domestic violence and urban social problems; or

             (6) The advocacy of victims’ rights; and

      (b) Ensure that each of the fields listed in paragraph (a) is represented by at least one member of the board who has experience in the field.

      6.  No more than two members of the board may represent one of the fields listed in paragraph (a) of subsection 5.

      7.  Except as otherwise provided in NRS 213.133, a decision on any issue before the board, concurred in by four or more members, is the decision of the board.

      Sec. 4.  NRS 213.1088 is hereby amended to read as follows:

      213.1088  1.  The department of motor vehicles and public safety in conjunction with the department of prisons shall establish a program of orientation [for new members of the board that will familiarize the new members with the operation, policies and procedures of the respective departments that are relevant to the activities of the board and the relationship between the departments and the board. Upon appointment, a new member of the board shall attend the program of orientation.] that:

      (a) Each member of the board shall attend upon appointment to a first term; and

      (b) Each person named by the board to the list of persons eligible to serve as a case hearing representative pursuant to NRS 213.135 shall attend upon being named to the list. A person named to the list may not serve as a case hearing representative until the person completes the program of orientation.

      2.  The program of orientation must include a minimum of 40 hours of training. The information presented during the program of orientation must include, but is not limited to:

      (a) A historical perspective of parole, including the objectives of and reasons for using parole within the criminal justice system;

      (b) The role and function of the board within the criminal justice system;

      (c) The responsibilities of members of the board and case hearing representatives;

      (d) The goals and objectives of the board;

      (e) The programs administered by the board;

      (f) The policies and procedures of the board; and

      (g) The laws and regulations governing parole, including the standards for granting, denying, revoking and continuing parole.

      3.  The chairman of the board shall develop a written plan for the continuing education of members of the board and case hearing representatives. The plan must require that:


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

ê1997 Statutes of Nevada, Page 3341 (Chapter 671, SB 17)ê

 

      (a) Each member of the board shall attend not less than 16 hours of courses for continuing education during each year of the member’s term.

      (b) Each case hearing representative shall attend not less than 16 hours of courses for continuing education during each year that the representative is on the list of persons eligible to serve as a case hearing representative.

      4.  A member of the board or a case hearing representative may meet the requirement for continuing education by successfully completing courses in any combination of the following subjects:

      (a) The role and function of the board within the criminal justice system;

      (b) Changes in the law, including judicial decisions affecting parole;

      (c) Developing skills in communicating, making decisions and solving problems;

      (d) The interpretation and use of research, data and reports;

      (e) Correctional policies and programs, including programs for the treatment of prisoners and parolees;

      (f) Alternative punishments for disobedience;

      (g) The selection of prisoners for parole;

      (h) The supervision of parolees;

      (i) The designation of and programs for repeating or professional offenders;

      (j) Problems related to gangs;

      (k) The abuse of alcohol and drugs;

      (l) The acquired immune deficiency syndrome;

      (m) Domestic violence; and

      (n) Mental illness and mental retardation.

      5.  The board shall, within the limits of legislative appropriations, pay the expenses of members of the board and case hearing representatives attending courses for continuing education.

      Sec. 5.  NRS 213.10885 is hereby amended to read as follows:

      213.10885  1.  The board shall adopt by regulation specific standards for each type of convicted person to assist the board in determining whether to [release on parole or revoke the parole of a convicted person who is otherwise eligible for parole or on parole, including, without limitation,] grant or revoke parole. The regulations must include standards for determining whether to [release on parole] grant or revoke the parole of a convicted person:

      (a) Who committed a capital offense.

      (b) Who was sentenced to serve a term of imprisonment for life.

      (c) Who was convicted of a sexual offense involving the use or threat of use of force or violence.

      (d) Who was convicted as a habitual criminal.

      (e) Who is a repeat offender.

      (f) Who was convicted of any other type of offense.

The standards must be based upon objective criteria for determining the person’s probability of success on parole.

      2.  In establishing the standards, the board shall [first consider all] consider the information on decisions regarding parole that is compiled and maintained pursuant to section 1 of this act and all other factors which are relevant in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued.


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

ê1997 Statutes of Nevada, Page 3342 (Chapter 671, SB 17)ê

 

maintained pursuant to section 1 of this act and all other factors which are relevant in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued. [Such considerations] The other factors the board considers must include, [without limitation:] but are not limited to:

      (a) The severity of the crime committed;

      (b) The criminal history of the person;

      (c) Any disciplinary action taken against the person while incarcerated;

      (d) Any previous parole violations or failures;

      (e) Any potential threat to society or himself; and

      (f) The length of his incarceration.

      3.  The standards adopted by the board must provide for a greater punishment for a convicted person who has a history of repetitive criminal conduct or who commits a serious crime, with a violent crime considered the most serious, than for a convicted person who does not have a history of repetitive crimes and did not commit a serious crime.

      4.  [When adopting regulations pursuant to this section, the board shall follow the procedure set forth in chapter 233B of NRS for the adoption of regulations.

      5.]  The board shall make available to the public a sample of the form the board uses in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued.

      5.  On or before January 1 of each even-numbered year, the board shall review comprehensively the standards adopted by the board. The review must include a determination of whether the standards are effective in predicting the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued. If a standard is found to be ineffective, the board shall not use that standard in its decisions regarding parole and shall adopt revised standards as soon as practicable after the review.

      6.  The board shall report to each regular session of the legislature:

      (a) The number and percentage of the board’s decisions [regarding parole which] that conflicted with the standards; [and

      (b) Any recommendations regarding the standards.]

      (b) The results and conclusions from the board’s review pursuant to subsection 5; and

      (c) Any changes in the board’s standards, policies, procedures, programs or forms that have been or will be made as a result of the review.

      Sec. 6.  NRS 233B.039 is hereby amended to read as follows:

      233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter:

      (a) The governor.

      (b) The department of prisons.

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

      (d) The office of the military.

      (e) The state gaming control board.


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ê1997 Statutes of Nevada, Page 3343 (Chapter 671, SB 17)ê

 

      (f) The Nevada gaming commission.

      (g) [The state board of parole commissioners.

      (h)] The welfare division of the department of human resources.

      [(i)] (h) The state board of examiners acting pursuant to chapter 217 of NRS.

      [(j)] (i) Except as otherwise provided in NRS 533.365, the office of the state engineer.

      2.  Except as otherwise provided in NRS 391.323, the department of education, the committee on benefits and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      3.  The special provisions of:

      (a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;

      (b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

      (c) Chapter 703 of NRS for the judicial review of decisions of the public service commission of Nevada;

      (d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and

      (e) NRS 90.800 for the use of summary orders in contested cases,

prevail over the general provisions of this chapter.

      4.  The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

      5.  The provisions of this chapter do not apply to:

      (a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or

      (b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.

      6.  The state board of parole commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      Sec. 7.  Notwithstanding the provisions of subsection 1 of NRS 213.1087, at the expiration of the terms of the seven members of the state board of parole commissioners on June 30, 1997, and July 1, 1997, the governor shall appoint as soon as practicable after July 1, 1997:

      1.  One member whose term of office expires on July 1, 1998;

      2.  Two members whose terms of office expire on July 1, 1999;


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

ê1997 Statutes of Nevada, Page 3344 (Chapter 671, SB 17)ê

 

      3.  Two members whose terms of office expire on July 1, 2000; and

      4.  Two members whose terms of office expire on July 1, 2001.

      Sec. 8.  1.  This section and sections 1 to 6, inclusive, of this act become effective on July 1, 1997.

      2.  Section 7 of this act becomes effective on June 30, 1997.

________

 

CHAPTER 672, SB 80

Senate Bill No. 80–Committee on Judiciary

CHAPTER 672

AN ACT relating to civil actions; making a person who abuses, neglects or exploits certain older persons or vulnerable persons liable for two times the actual damages incurred by the older person or vulnerable person; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 3, if an older person or a vulnerable person suffers a personal injury or death that is caused by abuse or neglect or suffers a loss of money or property caused by exploitation, the person who caused the injury, death or loss is liable to the older person or vulnerable person for two times the actual damages incurred by the older person or vulnerable person.

      2.  If it is established by a preponderance of the evidence that a person who is liable for damages pursuant to this section acted with recklessness, oppression, fraud or malice, the court shall order the person to pay the attorney’s fees and costs of the person who initiated the lawsuit.

      3.  The provisions of this section do not apply to a person who caused injury, death or loss to a vulnerable person if he did not know or have reason to know that the harmed person was a vulnerable person.

      4.  For the purposes of this section:

      (a) “Abuse” means willful and unjustified:

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

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

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


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ê1997 Statutes of Nevada, Page 3345 (Chapter 672, SB 80)ê

 

does not include the normal influence that one member of a family has over another.

      (c) “Neglect” means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for an older person or a vulnerable person, or who has voluntarily assumed responsibility for his care, to provide food, shelter, clothing or services within the scope of his responsibility or obligation, which are necessary to maintain the physical or mental health of the older person or vulnerable person. For the purposes of this paragraph, a person voluntarily assumes responsibility to provide care for an older or vulnerable person only to the extent that he has expressly acknowledged his responsibility to provide such care.

      (d) “Older person” means a person who is 60 years of age or older.

      (e) “Vulnerable person” means a person who:

             (1) Has a physical or mental impairment that substantially limits one or more of the major life activities of the person; and

             (2) Has a medical or psychological record of the impairment or is otherwise regarded as having the impairment.

The term includes, without limitation, a person who is mentally retarded, a person who has a severe learning disability, a person who suffers from a severe mental or emotional illness or a person who suffers from a terminal or catastrophic illness or injury.

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

________

 

CHAPTER 673, SB 365

Senate Bill No. 365–Senator Rawson

CHAPTER 673

AN ACT relating to taxation; increasing and providing for the adjustment of the amount of household income allowed for a senior citizen to qualify for a refund of a portion of the property tax on his primary residence; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  NRS 361.833 is hereby amended to read as follows:

      361.833  1.  A senior citizen whose home is placed upon the secured or unsecured tax roll, who has owned the home and maintained it as his primary residence since July 1 immediately preceding the filing of his claim and whose household income is [not more than $19,100] within one of the income ranges for which assistance is provided pursuant to this subsection is entitled to a refund of the property tax accrued against his home to the extent determined by the percentage shown opposite his household income range on the schedule below [:] , as that income range is adjusted pursuant to subsection 3:

 


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

ê1997 Statutes of Nevada, Page 3346 (Chapter 673, SB 365)ê

 

                                                                                                                          PERCENT TAX

                                                                                                                               Percent of

    INCOME RANGE                                                                                           Claimant’s

     If the Amount of                                                                                          Property Tax

Applicant’s Household                       But Not                                       Accrued Allowable

       Income Is Over                                  Over                                             as Assistance Is

 

                    $0                        —              [$8,000] $12,700                                        90

              [8,000                        —              12,700                                                          80]

             12,700                        —              14,800                                                   [50] 80

             14,800                        —              17,000                                                   [25] 50

             17,000                        —              19,100                                                   [10] 25

           19,100                        —              21,500                                                         10

 

      2.  The amount of the refund must not exceed the amount of the accrued property tax or $500, whichever is less.

      3.  The monetary amounts shown for each income range in subsection 1 must be adjusted for each fiscal year by adding to each amount the product of the amount shown multiplied by the percentage increase in the Consumer Price Index from December 1997 to the December preceding the fiscal year for which the adjustment is calculated.

      Sec. 2.  NRS 361.835 is hereby amended to read as follows:

      361.835  1.  A senior citizen who has rented and maintained his primary residence in a home or on a mobile home lot since July 1 of the preceding calendar year and whose household income is [not more than $19,100] within one of the income ranges for which assistance is provided in NRS 361.833 is entitled to a refund as determined in accordance with the schedule [in NRS 361.833.] of income ranges as adjusted pursuant to that section.

      2.  The amount of the refund provided pursuant to subsection 1 must not exceed an amount equal to that portion of the rent which is rent deemed to constitute accrued property tax, even if the rental property is exempt from property tax.

      Sec. 3.  This act becomes effective on July 1, 1999.

________

 


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

ê1997 Statutes of Nevada, Page 3347ê

 

CHAPTER 674, SB 372

Senate Bill No. 372–Committee on Commerce and Labor

CHAPTER 674

AN ACT relating to industrial insurance; authorizing the administrators of jails and other local detention facilities to request participation in a modified program of industrial insurance for prisoners; requiring the division of industrial relations of the department of business and industry to adopt regulations setting forth such a program; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  Chapter 616B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any offender confined in a county jail, city jail or other local detention facility, while engaged in work in a work program directed by the administrator of the jail or other detention facility, whether the work program is operated by contract with a public entity or by a private employer, may receive coverage under the modified program of industrial insurance established by regulations adopted by the division if the administrator of the jail or other detention facility requests such coverage and complies with the provisions of the regulations.

      2.  An offender is limited to the rights and remedies established by the provisions of the modified program of industrial insurance established by regulations adopted by the division. The offender is not entitled to any rights and remedies established by the provisions of chapters 616A to 617, inclusive, of NRS.

      3.  The division, in cooperation with the various administrators of jails and other detention facilities, shall adopt regulations setting forth a modified program of industrial insurance to provide offenders with industrial insurance against personal injuries arising out of and in the course of their work in a work program.

      4.  As used in this section, “administrator of the jail or other detention facility” means the sheriff of a county jail, chief of police of a city jail or director of a local detention facility.

      Sec. 2.  NRS 616C.440 is hereby amended to read as follows:

      616C.440  1.  Except as otherwise provided in this section and NRS 616C.175, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, or his dependents as defined in chapters 616A to 616D, inclusive, of NRS, is entitled to receive the following compensation for permanent total disability:

      (a) In cases of total disability adjudged to be permanent, compensation per month of 66 2/3 percent of the average monthly wage.

      (b) If there is a previous disability, as the loss of one eye, one hand, one foot or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury, but such a deduction for a previous award for permanent partial disability must be made in a reasonable manner and must not be more than the total amount which was paid for the previous award for permanent partial disability.


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ê1997 Statutes of Nevada, Page 3348 (Chapter 674, SB 372)ê

 

disability as it existed at the time of the subsequent injury, but such a deduction for a previous award for permanent partial disability must be made in a reasonable manner and must not be more than the total amount which was paid for the previous award for permanent partial disability.

      (c) If the character of the injury is such as to render the employee so physically helpless as to require the service of a constant attendant, an additional allowance may be made so long as such requirements continue, but the allowance may not be made while the employee is receiving benefits for care in a hospital or facility for intermediate care pursuant to the provisions of NRS 616C.255 and 616C.265.

      2.  Except as otherwise provided in NRS 616B.185, and section 1 of this act, an injured employee or his dependents are not entitled to accrue or be paid any benefits for a permanent total disability during the time the injured employee is incarcerated. The injured employee or his dependents are entitled to receive such benefits when the injured employee is released from incarceration if he is certified as permanently totally disabled by a physician or chiropractor.

      3.  An employee is entitled to receive compensation for a permanent total disability only so long as the permanent total disability continues to exist. The insurer has the burden of proving that the permanent total disability no longer exists.

      4.  If an employee who has received compensation in a lump sum for a permanent partial disability pursuant to NRS 616C.495 is subsequently determined to be permanently and totally disabled, the compensation for the permanent total disability must be reduced as follows:

      (a) If the employee has not received a minimum lump sum, the employee’s insurer shall deduct from the compensation for the permanent total disability an amount equal to the monthly installment rate for awards for permanent partial disability until the employee reaches the age upon which his disability was calculated; or

      (b) If the employee received a minimum lump sum, the employee’s insurer shall deduct from the compensation for the permanent total disability an amount of not more than 10 percent of the rate of compensation for a permanent total disability until the lump sum is recovered.

The provisions of this subsection are retroactive for all claims for compensation for a permanent total disability remaining open on July 1, 1995.

      Sec. 3.  NRS 616C.475 is hereby amended to read as follows:

      616C.475  1.  Except as otherwise provided in this section, NRS 616C.175 and 616C.390, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, or his dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.

      2.  Except as otherwise provided in NRS 616B.185, and section 1 of this act, an injured employee or his dependents are not entitled to accrue or be paid any benefits for a temporary total disability during the time the injured employee is incarcerated. The injured employee or his dependents are entitled to receive such benefits when the injured employee is released from incarceration if he is certified as temporarily totally disabled by a physician or chiropractor.


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

ê1997 Statutes of Nevada, Page 3349 (Chapter 674, SB 372)ê

 

are entitled to receive such benefits when the injured employee is released from incarceration if he is certified as temporarily totally disabled by a physician or chiropractor.

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

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

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

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

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

      (c) Except as otherwise provided in NRS 616B.185, and section 1 of this act, the employee is incarcerated.

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

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

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

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

      (c) Be signed by the treating physician or chiropractor authorized pursuant to NRS 616B.515 or 616B.527.

      8.  If certification of disability specifies that the physical limitations or restrictions are temporary, the employer of the employee at the time of his accident is not required to comply with NRS 616C.545 to 616C.575, inclusive, and 616C.590 or the regulations adopted by the division governing vocational rehabilitation services if the employer offers the employee a position that is substantially similar to the employee’s position at the time of his injury in relation to the location of the employment, the hours he is required to work and the salary he will be paid.

      Sec. 4.  NRS 616C.500 is hereby amended to read as follows:

      616C.500  1.  Except as otherwise provided in subsection 2 and NRS 616C.175, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, is entitled to receive for a temporary partial disability the difference between the wage earned after the injury and the compensation which the injured person would be entitled to receive if temporarily totally disabled when the wage is less than the compensation, but for a period not to exceed 24 months during the period of disability.


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

ê1997 Statutes of Nevada, Page 3350 (Chapter 674, SB 372)ê

 

      2.  Except as otherwise provided in NRS 616B.185, and section 1 of this act, an injured employee or his dependents are not entitled to accrue or be paid any benefits for a temporary partial disability during the time the employee is incarcerated. The injured employee or his dependents are entitled to receive such benefits if the injured employee is released from incarceration during the period of disability specified in subsection 1 and he is certified as temporarily partially disabled by a physician or chiropractor.

      Sec. 5.  NRS 616C.590 is hereby amended to read as follows:

      616C.590  1.  Except as otherwise provided in this section, an injured employee is not eligible for vocational rehabilitation services, unless:

      (a) The treating physician or chiropractor approves the return of the injured employee to work but imposes permanent restrictions that prevent the injured employee from returning to the position that he held at the time of his injury;

      (b) The injured employee’s employer does not offer employment that the employee is eligible for considering the restrictions imposed pursuant to paragraph (a); and

      (c) The injured employee is unable to return to gainful employment at a gross wage that is equal to or greater than 80 percent of the gross wage that he was earning at the time of his injury.

      2.  If the treating physician or chiropractor imposes permanent restrictions on the injured employee for the purposes of paragraph (a) of subsection 1, he shall specify in writing:

      (a) The medically objective findings upon which his determination is based; and

      (b) A detailed description of the restrictions.

The treating physician or chiropractor shall mail a copy of the findings and the description of the restrictions to the insurer.

      3.  If there is a question as to whether the restrictions imposed upon the injured employee are permanent, the employee may receive vocational rehabilitation services until a final determination concerning the duration of the restrictions is made.

      4.  Vocational rehabilitation services must cease as soon as the injured employee is no longer eligible for the services pursuant to subsection 1.

      5.  An injured employee is not entitled to vocational rehabilitation services solely because the position that he held at the time of his injury is no longer available.

      6.  An injured employee or his dependents are not entitled to accrue or be paid any money for vocational rehabilitation services during the time the injured employee is incarcerated.

      7.  Any injured employee eligible for compensation other than accident benefits may not be paid those benefits if he refuses counseling, training or other vocational rehabilitation services offered by the insurer. Except as otherwise provided in NRS 616B.185, and section 1 of this act, an injured employee shall be deemed to have refused counseling, training and other vocational rehabilitation services while he is incarcerated.

      8.  If an insurer cannot locate an injured employee for whom it has ordered vocational rehabilitation services, the insurer may close his claim 21 days after the insurer determines that the employee cannot be located.


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

ê1997 Statutes of Nevada, Page 3351 (Chapter 674, SB 372)ê

 

21 days after the insurer determines that the employee cannot be located. The insurer [must] shall make a reasonable effort to locate the employee.

      9.  The reappearance of the injured employee after his claim has been closed does not automatically reinstate his eligibility for vocational rehabilitation benefits. If the employee wishes to reestablish his eligibility for such benefits, he must file a written application with the insurer to reinstate his claim. The insurer shall reinstate the employee’s claim if good cause is shown for the employee’s absence.

      Sec. 6.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 675, SB 378

Senate Bill No. 378–Committee on Finance

CHAPTER 675

AN ACT making an appropriation for the Governor’s “Classroom on Wheels” program; and providing other matters properly relating thereto.

 

[Approved July 17, 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 Department of Education the sum of $177,975 for the Governor’s “Classroom on Wheels” program.

      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.

________

 


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

ê1997 Statutes of Nevada, Page 3352ê

 

CHAPTER 676, SB 367

Senate Bill No. 367–Senators Wiener, Townsend, Titus, Adler, Jacobsen, Mathews, O’Donnell, Porter, Rawson, Regan, Schneider and Shaffer

CHAPTER 676

AN ACT relating to hazardous substances; prohibiting the use under certain circumstances of any substance or material that contains a diisocyanate in the maintenance or repair of a building owned or operated by a school district, a private school or the University and Community College System of Nevada; requiring schools to maintain and use certain information regarding hazardous chemicals; requiring the division of environmental protection of the state department of conservation and natural resources to prepare and distribute an informational pamphlet concerning diisocyanates; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  Chapter 393 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  It is unlawful for a person who knows or in the exercise of reasonable care should know that a substance or material contains at least one-tenth of 1 percent by weight or volume of a diisocyanate to use, or cause or permit another person to use, the substance or material in the maintenance or repair of a building owned or operated by a school district while any person who is not necessary to the maintenance or repair is present in the building.

      2.  A person who knows or in the exercise of reasonable care should know that a substance or material which contains at least one-tenth of 1 percent by weight or volume of a diisocyanate has been used in the maintenance or repair of a building owned or operated by a school district shall ensure that the building is not occupied for at least 4 hours following the use of that substance or material by any person who is not necessary to the maintenance or repair.

      3.  A person who violates subsection 1 or 2 is guilty of a gross misdemeanor.

      4.  For the purposes of this section, “diisocyanate” includes, without limitation, toluene diisocyanate (TDI), methylene bisphenyl isocyanate (MDI) or hexamethylene diisocyanate (HDI).

      Sec. 3.  1.  The board of trustees of a school district shall ensure that each school under its management and control:

      (a) Maintains at the school a material safety data sheet for each hazardous chemical used on the buildings or grounds of the school;

      (b) Complies with any safety precautions contained in those sheets; and

      (c) Makes those sheets available to all the personnel of the school and the parents of each pupil attending the school.

      2.  For the purposes of this section, “material safety data sheet” has the meaning ascribed to it in 29 C.F.R. § 1910.1200.


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

ê1997 Statutes of Nevada, Page 3353 (Chapter 676, SB 367)ê

 

      Sec. 4.  Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

      Sec. 5.  1.  It is unlawful for a person who knows or in the exercise of reasonable care should know that a substance or material contains at least one-tenth of 1 percent by weight or volume of a diisocyanate to use, or cause or permit another person to use, the substance or material in the maintenance or repair of a building owned or operated by a private school while any person who is not necessary to the maintenance or repair is present in the building.

      2.  A person who knows or in the exercise of reasonable care should know that a substance or material which contains at least one-tenth of 1 percent by weight or volume of a diisocyanate has been used in the maintenance or repair of a building owned or operated by a private school shall ensure that the building is not occupied for at least 4 hours following the use of that substance or material by any person who is not necessary to the maintenance or repair.

      3.  A person who violates subsection 1 or 2 is guilty of a gross misdemeanor.

      4.  For the purposes of this section, “diisocyanate” includes, without limitation, toluene diisocyanate (TDI), methylene bisphenyl isocyanate (MDI) or hexamethylene diisocyanate (HDI).

      Sec. 6.  1.  A private school shall:

      (a) Maintain at the school a material safety data sheet for each hazardous chemical used on the buildings or grounds of the school;

      (b) Comply with any safety precautions contained in those sheets; and

      (c) Make those sheets available to all the personnel of the school and the parents of each pupil attending the school.

      2.  For the purposes of this section, “material safety data sheet” has the meaning ascribed to it in 29 C.F.R. § 1910.1200.

      Sec. 7.  Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.

      Sec. 8.  1.  It is unlawful for a person who knows or in the exercise of reasonable care should know that a substance or material contains at least one-tenth of 1 percent by weight or volume of a diisocyanate to use, or cause or permit another person to use, the substance or material in the maintenance or repair of a building owned or operated by the system while any person who is not necessary to the maintenance or repair is present in the building.

      2.  A person who knows or in the exercise of reasonable care should know that a substance or material which contains at least one-tenth of 1 percent by weight or volume of a diisocyanate has been used in the maintenance or repair of a building owned or operated by the system shall ensure that the building is not occupied for at least 4 hours following the use of that substance or material by any person who is not necessary to the maintenance or repair.

      3.  A person who violates subsection 1 or 2 is guilty of a gross misdemeanor.


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

ê1997 Statutes of Nevada, Page 3354 (Chapter 676, SB 367)ê

 

      4.  For the purposes of this section, “diisocyanate” includes, without limitation, toluene diisocyanate (TDI), methylene bisphenyl isocyanate (MDI) or hexamethylene diisocyanate (HDI).

      Sec. 9.  1.  The board of regents shall ensure that each university and community college within the system:

      (a) Maintains at the university or community college a material safety data sheet for each hazardous chemical used on the buildings or grounds of the university or community college;

      (b) Complies with any safety precautions contained in those sheets; and

      (c) Makes those sheets available to all the personnel of the university or community college and the parents of each student attending the university or community college.

      2.  For the purposes of this section, “material safety data sheet” has the meaning ascribed to it in 29 C.F.R. § 1910.1200.

      Sec. 10.  The division of environmental protection of the state department of conservation and natural resources shall, as soon as practicable:

      1.  Prepare an informational pamphlet that:

      (a) Includes a list of common substances and materials which contain diisocyanates;

      (b) Describes the dangers associated with the use of and exposure to diisocyanates; and

      (c) Specifies the safety precautions that should be taken when working with or in the vicinity of substances or materials which contain diisocyanates.

      2.  Distribute copies of the pamphlet to the board of trustees of each county school district, the administrator of each private school in this state and the board of regents of the University of Nevada.

      Sec. 11.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

      Sec. 12.  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. 13.  1.  This section and section 10 of this act become effective upon passage and approval.

      2.  Sections 1 to 9, inclusive, 11 and 12 of this act become effective on October 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 3355ê

 

CHAPTER 677, SB 396

Senate Bill No. 396–Committee on Government Affairs

CHAPTER 677

AN ACT relating to public works; providing a civil penalty for the failure of a contractor engaged on a public work to report each workman employed on the public work to the labor commissioner and the public body awarding the contract; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  NRS 338.060 is hereby amended to read as follows:

      338.060  1.  A contractor engaged on public works shall forfeit, as a penalty to the public body in behalf of which the contract has been made and awarded to the contractor, not less than $10 nor more than $25 for [each workman employed for] each calendar day or portion thereof that [the workman is] each workman employed on the public work:

      (a) Is paid less than the designated rate for any work done under the contract, by [him] the contractor or any subcontractor under him.

      (b) Is not reported to the labor commissioner and the public body awarding the contract as required pursuant to NRS 338.070.

The public body awarding the contract shall cause a stipulation to this effect to be inserted in the contract.

      2.  The labor commissioner shall, by regulation, establish a sliding scale based on the size of the contractor’s business to determine the amount of the penalty to be imposed pursuant to subsection 1.

      3.  If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the labor commissioner.

________

 


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

ê1997 Statutes of Nevada, Page 3356ê

 

CHAPTER 678, SB 402

Senate Bill No. 402–Senator Titus

CHAPTER 678

AN ACT relating to the criminal justice system; revising certain provisions concerning admitting a person to bail; revising certain provisions relating to conditions of probation; authorizing the state board of parole commissioners to impose certain conditions of parole; revising certain provisions relating to residential confinement; increasing the fee that parolees and probationers must pay to defray the cost of supervision; imposing such a fee on certain offenders in residential confinement; providing for the formation of multidisciplinary teams to review and investigate the death of a victim of domestic violence; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  NRS 171.178 is hereby amended to read as follows:

      171.178  1.  Except as otherwise provided in subsections 5 and 6, a peace officer making an arrest under a warrant issued upon a complaint or without a warrant shall take the arrested person without unnecessary delay before the magistrate who issued the warrant or the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.

      2.  A private person making an arrest without a warrant shall take the arrested person without unnecessary delay before the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada or deliver the arrested person to a peace officer.

      3.  If an arrested person is not brought before a magistrate within 72 hours after arrest, excluding nonjudicial days, the magistrate:

      (a) Shall give the prosecuting attorney an opportunity to explain the circumstances leading to the delay; and

      (b) May release the arrested person if he determines that the person was not brought before a magistrate without unnecessary delay.

      4.  When a person arrested without a warrant is brought before a magistrate, a complaint must be filed forthwith.

      5.  Except as otherwise provided in NRS 178.484 and 178.487, where the defendant can be admitted to bail without appearing personally before a magistrate, he must be so admitted with the least possible delay, and required to appear before a magistrate at the earliest convenient time thereafter.

      6.  A peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant if the peace officer is satisfied that there are insufficient grounds for issuing a criminal complaint against the person arrested. Any record of the arrest of a person released pursuant to this subsection must also include a record of the release. A person so released shall be deemed not to have been arrested but only detained.


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

ê1997 Statutes of Nevada, Page 3357 (Chapter 678, SB 402)ê

 

      Sec. 2.  NRS 176.1853 is hereby amended to read as follows:

      176.1853  1.  In issuing an order granting probation, the court may fix the terms and conditions thereof, including, without limitation [, a] :

      (a) A requirement for restitution [or an] ;

      (b) An order that the probationer dispose of all the weapons he possesses [.] ; or

      (c) Any reasonable conditions to protect the health, safety or welfare of the community or to ensure that the probationer will appear at all times and places ordered by the court, including, without limitation:

             (1) Requiring the probationer to remain in this state or a certain county within this state;

             (2) Prohibiting the probationer from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on his behalf;

             (3) Prohibiting the probationer from entering a certain geographic area; or

             (4) Prohibiting the probationer from engaging in specific conduct that may be harmful to his own health, safety or welfare, or the health, safety or welfare of another person.

      2.  In issuing an order granting probation to a person who is found guilty of a category C, D or E felony, the court may require the person as a condition of probation to participate in and complete to the satisfaction of the court any alternative program, treatment or activity deemed appropriate by the court.

      3.  The court shall not suspend the execution of a sentence of imprisonment after the defendant has begun to serve it.

      4.  In placing any defendant on probation or in granting a defendant a suspended sentence, the court shall direct that he be placed under the supervision of the chief parole and probation officer.

      Sec. 3.  NRS 178.484 is hereby amended to read as follows:

      178.484  1.  Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.

      2.  A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:

      (a) A court issues an order directing that the person be admitted to bail;

      (b) The state board of parole commissioners directs the detention facility to admit the person to bail; or

      (c) The division of parole and probation of the department of motor vehicles and public safety directs the detention facility to admit the person to bail.

      3.  A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

      4.  A person arrested for a battery upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person, must not be admitted to bail sooner than 12 hours after his arrest.


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

ê1997 Statutes of Nevada, Page 3358 (Chapter 678, SB 402)ê

 

or a minor child of that person, must not be admitted to bail sooner than 12 hours after his arrest. If the person is admitted to bail more than 12 hours after his arrest, pursuant to subsection 5 of NRS 171.178, without appearing personally before a magistrate, the amount of bail must be:

      (a) Three thousand dollars, if the person has no previous convictions of battery upon a person listed in this subsection and there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm;

      (b) Five thousand dollars, if the person has:

             (1) No previous convictions of battery upon a person listed in this subsection, but there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

             (2) One previous conviction of battery upon a person listed in this subsection, but there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

      (c) Fifteen thousand dollars, if the person has:

             (1) One previous conviction of battery upon a person listed in this subsection and there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

             (2) Two or more previous convictions of battery upon one or more persons listed in this subsection.

The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court.

      5.  The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.

      6.  Before releasing a person arrested for any crime, the court may impose such reasonable conditions on the person as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court, including, without limitation:

      (a) Requiring the person to remain in this state or a certain county within this state;

      (b) Prohibiting the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on his behalf;

      (c) Prohibiting the person from entering a certain geographic area; or

      (d) Prohibiting the person from engaging in specific conduct that may be harmful to his own health, safety or welfare, or the health, safety or welfare of another person.

In determining whether a condition is reasonable, the court shall consider the factors listed in NRS 178.4853.

      7.  If a person fails to comply with a condition imposed pursuant to subsection 6, the court may, after providing the person with reasonable notice and an opportunity for a hearing:

      (a) Deem such conduct a contempt pursuant to NRS 22.010; or

      (b) Increase the amount of bail pursuant to NRS 178.499.


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ê1997 Statutes of Nevada, Page 3359 (Chapter 678, SB 402)ê

 

      8.  An order issued pursuant to this section that imposes a condition on a person admitted to bail must include a provision ordering any law enforcement officer to arrest the person if he has probable cause to believe that the person has violated a condition of his bail.

      9.  Before a person may be admitted to bail, he must sign a document stating that:

      (a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;

      (b) He will comply with the other conditions which have been imposed by the court and are stated in the document; and

      (c) If he fails to appear when so ordered and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.

The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.

      10.  If a person admitted to bail fails to appear as ordered by a court and the jurisdiction incurs any cost in returning the person to the jurisdiction to stand trial, the person who failed to appear is responsible for paying those costs as restitution.

      Sec. 4.  NRS 178.4851 is hereby amended to read as follows:

      178.4851  1.  Upon a showing of good cause, a court may release without bail any person entitled to bail if it appears to the court that it can impose conditions on the person that will adequately protect the health, safety and welfare of the community and ensure that he will appear at all times and places ordered by the court.

      2.  In releasing a person without bail the court may impose such conditions as it deems necessary to protect the health, safety and welfare of the community and to ensure that he will appear at all times and places ordered by the court [.] , including, without limitation, any condition set forth in subsection 6 of NRS 178.484.

      3.  Upon a showing of good cause, a sheriff or chief of police may release without bail any person charged with a misdemeanor pursuant to standards established by a court of competent jurisdiction.

      4.  Before [any] a person may be released without bail, he must file with the clerk of the court of competent jurisdiction a signed document stating that:

      (a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;

      (b) He will comply with the other conditions which have been imposed by the court and are stated in the document;

      (c) If he fails to appear when so ordered and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings; and

      (d) He understands that any court of competent jurisdiction may revoke the order of release without bail and may order him into custody or require him to furnish bail or otherwise ensure the protection of the health, safety and welfare of the community or his appearance.


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ê1997 Statutes of Nevada, Page 3360 (Chapter 678, SB 402)ê

 

      5.  If a jurisdiction incurs any costs in returning a person to the jurisdiction to stand trial, the person failing to appear is responsible for paying those costs as restitution.

      6.  An order issued pursuant to this section that imposes a condition on a person who is released without bail must include a provision ordering a law enforcement officer to arrest the person if he has probable cause to believe that the person has violated a condition of his release.

      Sec. 5.  NRS 178.4853 is hereby amended to read as follows:

      178.4853  In deciding whether there is good cause to release a person without bail, the court as a minimum shall consider the following factors concerning the person:

      1.  The length of his residence in the community;

      2.  The status and history of his employment;

      3.  His relationships with his spouse and children, parents or other members of his family and with his close friends;

      4.  His reputation, character and mental condition;

      5.  His prior criminal record, including , without limitation, any record of his appearing or failing to appear after release on bail or without bail;

      6.  The identity of responsible members of the community who would vouch for the [defendant’s reliability;] reliability of the person;

      7.  The nature of the offense with which he is charged, the apparent probability of conviction and the likely sentence, insofar as these factors relate to the risk of his not appearing;

      8.  The nature and seriousness of the danger to the alleged victim, any other person or the community that would be posed by the person’s release;

      9.  The likelihood of more criminal activity by [the person] him after he is released; and

      10.  Any other factors concerning his ties to the community or bearing on the risk that he may willfully fail to appear.

      Sec. 6.  NRS 4.3762 is hereby amended to read as follows:

      4.3762  1.  In lieu of imposing any punishment other than a minimum sentence mandated by statute, a justice of the peace may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the justice of the peace shall consider the criminal record of the defendant and the seriousness of the crime committed.

      2.  In sentencing a convicted person to a term of residential confinement, the justice of the peace shall:

      (a) Require the defendant to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the justice of the peace; and

      (b) Require intensive supervision of the convicted person, including , but not limited to, electronic surveillance and unannounced visits to his residence or other locations where he is expected to be to determine whether he is complying with the terms of his sentence.

      3.  An electronic device [approved by the division of parole and probation of the department of motor vehicles and public safety] may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [person’s] presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person’s] activities of the person while inside his residence.


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ê1997 Statutes of Nevada, Page 3361 (Chapter 678, SB 402)ê

 

presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person’s] activities of the person while inside his residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the [person’s] activities of the person while inside his residence,

must not be used.

      4.  A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.

      Sec. 7.  NRS 5.076 is hereby amended to read as follows:

      5.076  1.  In lieu of imposing any punishment other than a minimum sentence mandated by statute, a municipal judge may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the municipal judge shall consider the criminal record of the defendant and the seriousness of the crime committed.

      2.  In sentencing a convicted person to a term of residential confinement, the municipal judge shall:

      (a) Require the defendant to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the municipal judge; and

      (b) Require intensive supervision of the convicted person, including , but not limited to, electronic surveillance and unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his sentence.

      3.  An electronic device [approved by the division of parole and probation of the department of motor vehicles and public safety] may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [person’s] presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person’s] activities of the person while inside his residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the [person’s] activities of the person while inside his residence,

must not be used.

      4.  A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.

      Sec. 8.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

      The board may, as a condition of releasing a prisoner on parole, impose any reasonable conditions on the parolee to protect the health, safety and welfare of the community, including, without limitation:

      1.  Requiring the parolee to remain in this state or a certain county within this state;


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ê1997 Statutes of Nevada, Page 3362 (Chapter 678, SB 402)ê

 

      2.  Prohibiting the parolee from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on his behalf;

      3.  Prohibiting the parolee from entering a certain geographic area; and

      4.  Prohibiting the parolee from engaging in specific conduct that may be harmful to his own health, safety or welfare, or the health, safety or welfare of another person.

      Sec. 9.  NRS 213.107 is hereby amended to read as follows:

      213.107  As used in NRS 213.107 to 213.157, inclusive, [and] section 1 of [this act,] Assembly Bill No. 240 of this session and section 8 of this act, unless the context otherwise requires:

      1.  “Board” means the state board of parole commissioners.

      2.  “Chief ” means the chief parole and probation officer.

      3.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

      4.  “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.

      5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

      6.  “Sexual offense” means:

      (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;

      (b) An attempt to commit any offense listed in paragraph (a); or

      (c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

      7.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief.

      Sec. 10.  NRS 213.1076 is hereby amended to read as follows:

      213.1076  1.  The division shall:

      (a) Except as otherwise provided in this section, charge each parolee , [or] probationer or person supervised by the division through residential confinement a fee to defray the cost of his supervision.

      (b) Adopt by regulation a schedule of fees to defray the costs of supervision of a parolee [or probationer.] , probationer or person supervised by the division through residential confinement. The regulation must provide for a monthly fee of at least [$12.] $30.

      2.  The chief may waive the fee to defray the cost of supervision, in whole or in part, if he determines that payment of the fee would create an economic hardship on the parolee [or probationer.] , probationer or person supervised by the division through residential confinement.

      3.  Unless waived pursuant to subsection 2, the payment by a parolee , [or] probationer or person supervised by the division through residential confinement of a fee charged pursuant to subsection 1 is a condition of his parole [or probation.] , probation or residential confinement.


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ê1997 Statutes of Nevada, Page 3363 (Chapter 678, SB 402)ê

 

      Sec. 11.  Chapter 217 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A court or an agency of a local government may organize or sponsor one or more multidisciplinary teams to review the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018.

      2.  If a multidisciplinary team is organized or sponsored pursuant to subsection 1, the court or agency shall review the death of a victim upon receiving a written request from a person related to the victim within the third degree of consanguinity, if the request is received by the court or agency within 1 year after the date of death of the victim.

      3.  Members of a team that is organized or sponsored pursuant to subsection 1 serve at the pleasure of the court or agency that organizes or sponsors the team and must include, without limitation, representatives of organizations concerned with law enforcement, issues related to physical or mental health, or the prevention of domestic violence and assistance to victims of domestic violence.

      4.  Each organization represented on such a team may share with other members of the team information in its possession concerning the victim who is the subject of the review or any person who was in contact with the victim and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential.

      5.  A team organized pursuant to this section may, upon request, provide a report concerning its review to a person related to the victim within the third degree of consanguinity.

      6.  Before establishing a team to review the death of a victim pursuant to this section, a court or an agency shall adopt a written protocol describing its objectives and the structure of the team.

      7.  A team organized pursuant to this section may, if appropriate, meet with a multidisciplinary team to review the death of a child organized pursuant to NRS 432B.405.

      8.  Each member of a team organized pursuant to this section is immune from civil or criminal liability for an activity related to the review of the death of a victim.

      9.  The results of the review of the death of a victim pursuant to this section are not admissible in any civil action or proceeding.

      Sec. 12.  NRS 217.400 is hereby amended to read as follows:

      217.400  As used in NRS 217.400 to 217.460, inclusive [:] , and section 11 of this act:

      1.  “Division” means the division of child and family services of the department of human resources.

      2.  “Domestic violence” means:

      (a) The attempt to cause or the causing of bodily injury to a family or household member or the placing of the member in fear of imminent physical harm by threat of force.

      (b) Any of the following acts committed by a person against a family or household member, a person with whom he had or is having a dating relationship or with whom he has a child in common, or upon his minor child or a minor child of that person:


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ê1997 Statutes of Nevada, Page 3364 (Chapter 678, SB 402)ê

 

             (1) A battery.

             (2) An assault.

             (3) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.

             (4) A sexual assault.

             (5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, [but is not limited to:] without limitation:

                   (I) Stalking.

                   (II) Arson.

                   (III) Trespassing.

                   (IV) Larceny.

                   (V) Destruction of private property.

                   (VI) Carrying a concealed weapon without a permit.

             (6) False imprisonment.

             (7) Unlawful entry of the other’s residence, or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other from the entry.

      3.  “Family or household member” means a spouse, a former spouse, a parent or other adult person who is related by blood or marriage or is or was actually residing with the person committing the act of domestic violence.

      4.  “Victim of domestic violence” includes the dependent children of the victim.

      Sec. 13.  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. 14.  1.  The amendatory provisions of sections 1, 3, 4 and 5 of this act do not apply to a person who is admitted to bail before October 1, 1997.

      2.  The amendatory provisions of section 2 of this act do not apply to an offender who is granted probation before October 1, 1997.

      3.  The amendatory provisions of section 8 of this act do not apply to an offender who is released on parole before October 1, 1997.

      Sec. 15.  Section 9 of this act becomes effective at 12:01 a.m. on October 1, 1997.

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ê1997 Statutes of Nevada, Page 3365ê

 

CHAPTER 679, SB 409

Senate Bill No. 409–Committee on Judiciary

CHAPTER 679

AN ACT relating to eminent domain; revising the provisions governing the exercise of the power of eminent domain for certain purposes; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  NRS 37.010 is hereby amended to read as follows:

      37.010  Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public purposes:

      1.  Federal activities. All public purposes authorized by the Government of the United States.

      2.  State activities. Public buildings and grounds for the use of the state, the University and Community College System of Nevada and all other public purposes authorized by the legislature.

      3.  County, city, town and school district activities. Public buildings and grounds for the use of any county, incorporated city or town, or school district, reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, incorporated city or town, for draining any county, incorporated city or town, for raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels, for roads, streets and alleys, and all other public purposes for the benefit of any county, incorporated city or town, or the inhabitants thereof.

      4.  Bridges, toll roads, railroads, street railways and similar uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, roads for transportation by traction engines or locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation.

      5.  Ditches, canals, aqueducts for smelting, domestic uses, irrigation and reclamation. Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines, mills, smelters or other works for the reduction of ores, with water for domestic and other uses, for irrigating purposes, for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.

      6.  Mining, smelting and related activities. Mining, smelting and related activities as follows:

      (a) Mining and related activities, which are recognized as the paramount interest of this state.

      (b) Roads, railroads, tramways, tunnels, ditches, flumes, pipes , reservoirs, dams, water gates, canals, aqueducts and dumping places to facilitate the milling, smelting or other reduction of ores, [or] the working , reclamation or dewatering of mines, and for all mining purposes, outlets, natural or otherwise, for the deposit or conduct of tailings, refuse, or water from mills, smelters, or other work for the reduction of ores from mines, mill dams, pipe lines, tanks or reservoirs for natural gas or oil, an occupancy in common by the owners or possessors of different mines, mills, smelters or other places for the reduction of ores, or any place for the flow, deposit or conduct of tailings or refuse matter and the necessary land upon which to erect smelters and to operate them successfully, including the deposit of fine flue dust, fumes and smoke.


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ê1997 Statutes of Nevada, Page 3366 (Chapter 679, SB 409)ê

 

mill dams, pipe lines, tanks or reservoirs for natural gas or oil, an occupancy in common by the owners or possessors of different mines, mills, smelters or other places for the reduction of ores, or any place for the flow, deposit or conduct of tailings or refuse matter and the necessary land upon which to erect smelters and to operate them successfully, including the deposit of fine flue dust, fumes and smoke.

      7.  Byroads. Byroads leading from highways to residences and farms.

      8.  Public utilities. Lines for telegraph, telephone, electric light and electric power and sites for plants for electric light and power.

      9.  Sewerage. Sewerage of any city, town, settlement of not less than 10 families or any public building belonging to the state or college or university.

      10.  Water for generation and transmission of electricity. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and storing water for the operation of machinery to generate and transmit electricity for power, light or heat.

      11.  Cemeteries, public parks. Cemeteries or public parks.

      12.  Pipe lines of beet sugar industry. Pipe lines to conduct any liquids connected with the manufacture of beet sugar.

      13.  Pipe lines for petroleum products, natural gas. Pipe lines for the transportation of crude petroleum, petroleum products or natural gas, whether interstate or intrastate.

      14.  Aviation. Airports, facilities for air navigation and aerial rights of way.

      15.  Monorails. Monorails and any other overhead or underground system used for public transportation.

      16.  Community antenna television companies. Community antenna television companies which have been granted a franchise from the governing body of the jurisdictions in which they provide services. The exercise of the power of eminent domain may include the right to use the wires, conduits, cables or poles of any public utility if:

      (a) It creates no substantial detriment to the service provided by the utility;

      (b) It causes no irreparable injury to the utility; and

      (c) The public service commission of Nevada, after giving notice and affording a hearing to all persons affected by the proposed use of the wires, conduits, cables or poles, has found that it is in the public interest.

      17.  Redevelopment. The acquisition of property pursuant to NRS 279.382 to 279.685, inclusive.

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ê1997 Statutes of Nevada, Page 3367ê

 

CHAPTER 680, SB 426

Senate Bill No. 426–Committee on Transportation

CHAPTER 680

AN ACT relating to traffic laws; requiring certain persons convicted of driving while under the influence of intoxicating liquor or a controlled substance to install a device to prevent him from starting a motor vehicle if he has consumed intoxicating liquor under certain circumstances; prohibiting such persons from operating a motor vehicle which does not have such a device installed or from tampering with such a device; making various other changes; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  NRS 483.460 is hereby amended to read as follows:

      483.460  1.  Except as otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

      (a) For a period of 3 years if the offense is:

             (1) A violation of subsection 2 of NRS 484.377 . [or NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.]

             (2) A third or subsequent violation within 7 years of NRS 484.379.

             (3) A violation of NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.

The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume upon completion of the period of imprisonment or when the person is placed on residential confinement.

      (b) For a period of 1 year if the offense is:

             (1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             (2) Failure to stop and render aid as required [under] pursuant to the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.

             (3) Perjury or the making of a false affidavit or statement under oath to the department [under] pursuant to NRS 483.010 to 483.630, inclusive, or [under] pursuant to any other law relating to the ownership or driving of motor vehicles.

             (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

             (5) A second violation within 7 years of NRS 484.379 and , except as otherwise provided in subsection 3 of NRS 483.490, the driver is not eligible for a restricted license during any of that period.


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ê1997 Statutes of Nevada, Page 3368 (Chapter 680, SB 426)ê

 

             (6) A violation of NRS 484.348.

      (c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.

      2.  The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege.

      3.  When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794 , the department shall reduce by [half] one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

      4.  The department shall revoke the license, permit or privilege of a driver who is required to install a device pursuant to NRS 484.3943 but operates a motor vehicle without such a device:

      (a) For [1 year] 3 years if it is his first such offense during the period of required use of the device.

      (b) For 5 years if it is his second such offense during the period of required use of the device.

      5.  A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever is applicable.

      6.  When the department is notified that a court has:

      (a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, or section 2 of [this act,] Assembly Bill No. 176 of this session, ordered the suspension or delay in issuance of a child’s license;

      (b) Pursuant to NRS 206.330, ordered the suspension or delay in issuance of a person’s license; or

      (c) Pursuant to NRS 62.227, ordered the revocation of a child’s license,

the department shall take such actions as are necessary to carry out the court’s order.

      7.  As used in this section, “device” has the meaning ascribed to it in NRS 484.3941.

      Sec. 2.  NRS 483.490 is hereby amended to read as follows:

      483.490  1.  Except as otherwise provided in [subsections 2 and 3,] this section, after a driver’s license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and [half] one-half of the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) To and from work or in the course of his work, or both; or

      (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.

Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.


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ê1997 Statutes of Nevada, Page 3369 (Chapter 680, SB 426)ê

 

hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.

      2.  A person who has been ordered to install a device in a motor vehicle which he owns or operates pursuant to NRS 484.3943:

      (a) Shall install the device not later than 21 days after the date on which the order was issued; and

      (b) May not receive a restricted license pursuant to this section until:

             (1) After at least 180 days of the period during which he is not eligible for a license, if he was convicted of a violation of subsection 2 of NRS 484.377, a violation of NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance or if he was convicted of a third violation within 7 years of NRS 484.379;

             (2) After at least 90 days of the period during which he is not eligible for a license, if he was convicted of a second violation within 7 years of NRS 484.379; or

             (3) After at least 45 days of the period during which he is not eligible for a license, if he was convicted of a first violation within 7 years of NRS 484.379.

      3.  If the department has received a copy of an order requiring a person to install a device in a motor vehicle which he owns or operates pursuant to NRS 484.3943, the department shall not issue a restricted driver’s license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.

      4.  After a driver’s license has been revoked pursuant to subsection 1 of NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, or section 2 of [this act,] Assembly Bill No. 176 of this session, the department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his work, or both; and

      (b) If applicable, to and from school.

      [3.] 5.  After a driver’s license has been suspended pursuant to NRS 483.443, the department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his work, or both;

      (b) To receive regularly scheduled medical care for himself or a member of his immediate family; and

      (c) If applicable, as necessary to exercise a court-ordered right to visit a child.

      [4.] 6.  A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or a homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.


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ê1997 Statutes of Nevada, Page 3370 (Chapter 680, SB 426)ê

 

the same conduct, he shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.

      [5.] 7.  The periods of suspensions and revocations required pursuant to this chapter and NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

      [6.] 8.  Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.

      Sec. 3.  NRS 484.3941 is hereby amended to read as follows:

      484.3941  As used in NRS 484.3941 to 484.3947, inclusive, unless the context otherwise requires [:

      1.  “Device”] , “device” means a mechanism [which:

      (a)] that:

      1.  Tests a person’s breath to determine the [percent by weight] concentration of alcohol in his breath; [and

      (b)] 2.  If the results of the test indicate that the person has [0.05 percent or more by weight] a concentration of alcohol in his [blood,] breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of breath, prevents the motor vehicle in which it is installed from starting.

      [2.  The phrase “0.05 percent or more by weight of alcohol in his blood” includes a concentration of alcohol in the blood or breath of a person of 0.05 gram or more by weight of alcohol:

      (a) Per 100 milliliters of his blood; or

      (b) Per 210 liters of his breath.]

      Sec. 4.  NRS 484.3943 is hereby amended to read as follows:

      484.3943  1.  Except as otherwise provided in subsection 5, a court [may require any] :

      (a) May order a person convicted of [driving under the influence of intoxicating liquor in] a first violation of NRS 484.379 [or 484.3795, who has served the term of confinement imposed upon him or has had his sentence suspended pursuant to NRS 4.373 and 5.055 after serving the mandatory minimum sentence,] , for a period of not less than 3 months nor more than 6 months;

      (b) Shall order a person convicted of a second violation of NRS 484.379, for a period of not less than 6 months nor more than 12 months; and

      (c) Shall order a person convicted of a third or subsequent violation of NRS 484.379 or a violation of NRS 484.3795, for a period of not less than 12 months nor more than 36 months,

to install at his own expense a device in any motor vehicle which he owns or operates [:

      (a) As] as a condition to obtaining a restricted license pursuant to subsection 3 of NRS 483.490.

      2.  A court may order a person convicted of a violation of NRS 484.379 or 484.3795, for a period determined by the court, to install at his own expense a device in any motor vehicle which he owns or operates as a condition of reinstatement of his driving privilege . [;

      (b) As a condition of the suspension of his sentence; or


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ê1997 Statutes of Nevada, Page 3371 (Chapter 680, SB 426)ê

 

      (c) As a condition of the suspension of his sentence and reinstatement of his driving privilege.

      2.  Upon imposing such a requirement, the]

      3.  If the court orders a person to install a device pursuant to subsection 1 or 2:

      (a) The court shall immediately prepare and transmit a copy of its order to the director. The order must include a statement that a device is required and the specific period for which it is required. The director shall cause this information to be incorporated into the records of the department and noted as a restriction on the person’s driver’s license.

      [3.  If the court requires the use of a device, the]

      (b) The person who is required to install the device shall provide proof of compliance to the department before [the reinstatement of] he may receive a restricted license or before his driving privilege [.] may be reinstated, as applicable. Each model of a device installed pursuant to this section must have been certified by the committee on testing for intoxication.

      4.  [The] A person whose driving privilege is restricted pursuant to this section shall :

      (a) If he was ordered to install a device pursuant to paragraph (a) of subsection 1, have the device inspected by the manufacturer of the device or [his agent every 90] its agent at least one time during the period in which he is required to use the device; or

      (b) If he was ordered to install a device pursuant to paragraph (b) or (c) of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time each 90 days ,

to determine whether the device is operating properly. An inspection required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484.3888. The manufacturer or its agent shall submit a report to the director indicating whether the device is operating properly and whether it has been tampered with. If the device has been tampered with, the director shall notify the court that ordered the installation of the device.

      5.  If a person is required to operate a motor vehicle in the course and scope of his employment and the motor vehicle is owned by his employer, the person may operate that vehicle without the installation of a device, if:

      (a) The employee notifies his employer that the employee’s driving privilege has been so restricted; and

      (b) The employee has proof of that notification in his possession or the notice, or a facsimile copy thereof, is with the motor vehicle.

This exemption does not apply to a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.

      Sec. 5.  NRS 484.3945 is hereby amended to read as follows:

      484.3945  1.  A person required to install a device pursuant to NRS 484.3943 [, who operates] shall not operate a motor vehicle without a device or [tampers] tamper with the device . [must]

      2.  A person who violates any provision of subsection 1:

      (a) Must have his driving privilege revoked in the manner set forth in subsection 4 of NRS 483.460 [and, if the installation of a device is a condition of the suspension of his sentence, the court upon notification shall order him to begin serving that portion of his original sentence which the court determines is appropriate under the circumstances.]


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ê1997 Statutes of Nevada, Page 3372 (Chapter 680, SB 426)ê

 

condition of the suspension of his sentence, the court upon notification shall order him to begin serving that portion of his original sentence which the court determines is appropriate under the circumstances.] ; and

      (b) Shall be:

             (1) Punished by imprisonment in jail for not less than 30 days nor more than 6 months; or

             (2) Sentenced to a term of not less than 60 days in residential confinement nor more than 6 months, and by a fine of not less than $500 nor more than $1,000.

No person who is punished pursuant to this section may be granted probation and no sentence imposed for such a violation may be suspended. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty, of guilty but mentally ill or of nolo contendere to a lesser charge or for any other reason unless, in his judgment, the charge is not supported by probable cause or cannot be proved at trial.

      Sec. 6.  NRS 484.3947 is hereby amended to read as follows:

      484.3947  1.  The committee on testing for intoxication shall on or before January 1, 1990, adopt regulations which:

      (a) Provide for the certification of each model of those devices, described by manufacturer and model, which it approves as designed and manufactured to be accurate and reliable to test a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s [blood] breath and, if the results of the test indicate that the person has [0.05 percent or more by weight] a concentration of alcohol in his [blood,] breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of breath, prevent the motor vehicle in which it is installed from starting.

      (b) Prescribe the form and content of records respecting the calibration of devices, which must be kept by the director or his agent, and [any] other records respecting the maintenance and operation of the devices which it finds should be kept by the director or his agent.

      2.  The committee shall establish its own standards and procedures for evaluating the models of the devices and obtain evaluations of those models from the director or his agent.

      3.  If a model of a device has been certified by the committee to be accurate and reliable pursuant to subsection 1, it is presumed that, as designed and manufactured, [any] each device of that model is accurate and reliable to test a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s [blood] breath and, if the results of the test indicate that the person has [0.05 percent or more by weight] a concentration of alcohol in his [blood,] breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of breath, will prevent the motor vehicle in which it is installed from starting.

      Sec. 7.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

________

 


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ê1997 Statutes of Nevada, Page 3373ê

 

CHAPTER 681, SB 443

Senate Bill No. 443–Committee on Transportation

CHAPTER 681

AN ACT relating to motor carriers; revising provisions governing the amount of liability insurance or other surety required of motor carriers; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  NRS 706.291 is hereby amended to read as follows:

      706.291  1.  The commission shall require every fully regulated carrier and every operator of a tow car, within such time and in such amounts as the commission may designate, to file with the commission in a form required and approved by the commission a liability insurance policy, or a certificate of insurance in lieu thereof, or a bond of a surety company, or other surety, in such reasonable sum as the commission may deem necessary to protect adequately the interests of the public.

      2.  The department shall require every other common and contract motor carrier and every private carrier, within such time and in such amounts as the department may designate, to file with the department in a form required and approved by the department a liability insurance policy, or a certificate of insurance in lieu thereof, a bond of a surety company, or other surety, in such reasonable sum as the department may deem necessary to protect adequately the interests of the public. In determining the amount of liability insurance or other surety required of a carrier pursuant to this subsection, the department shall create a separate category for vehicles with a manufacturer’s gross vehicle weight rating of less than 26,000 pounds and impose a lesser requirement with respect to such vehicles.

      3.  The liability insurance policy or certificate, policy or bond of a surety company or other surety must bind the obligors thereunder to pay the compensation for injuries to persons or for loss or damage to property resulting from the negligent operation of the carrier.

      4.  The commission and the department may jointly prescribe by regulation the respective amounts and forms required by subsections 1 and 2.

________

 


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ê1997 Statutes of Nevada, Page 3374ê

 

CHAPTER 682, SB 194

Senate Bill No. 194–Senator Neal

CHAPTER 682

AN ACT relating to bail bondsmen; requiring a person to be licensed by the commissioner of insurance to act in the capacity of a bail enforcement agent; revising the qualifications for licensure as a bail agent, bail solicitor or general agent; eliminating the requirement that a person obtain a license to act in the capacity of a property bondsman; revising the fees that may be charged by a bail agent for his services; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  NRS 679A.160 is hereby amended to read as follows:

      679A.160  [Unless otherwise provided,] Except as otherwise provided by specific statute, no provision of this code applies to:

      1.  Fraternal benefit societies, as identified in chapter 695A of NRS, except as stated in chapter 695A of NRS.

      2.  Hospital, medical or dental service corporations, as identified in chapter 695B of NRS, except as stated in chapter 695B of NRS.

      3.  Motor clubs, as identified in chapter 696A of NRS, except as stated in chapter 696A of NRS.

      4.  Bail [bondsmen,] agents, as identified in chapter 697 of NRS, except as stated in NRS 680B.025 to 680B.039, inclusive, and chapter 697 of NRS.

      5.  Risk retention groups, as identified in chapter 695E of NRS, except as stated in chapter 695E of NRS.

      6.  Health and welfare plans arising out of collective bargaining under chapter 288 of NRS, except that the commissioner may review the plan to ensure that the benefits are reasonable in relation to the premiums and that the fund is financially sound.

      Sec. 2.  NRS 679B.240 is hereby amended to read as follows:

      679B.240  [For the purpose of ascertaining] To ascertain compliance with law, or relationships and transactions between any [such] person and any insurer or proposed insurer, the commissioner may, as often as he deems advisable, examine the accounts, records, documents and transactions relating to such compliance or relationships of:

      1.  Any insurance agent, solicitor, broker, surplus lines broker, general agent, adjuster, insurer representative, bail [bondsman,] agent, motor club agent or any other licensee or any other person the commissioner has reason to believe may be acting as or holding himself out as any of the foregoing.

      2.  Any person having a contract under which he enjoys in fact the exclusive or dominant right to manage or control an insurer.

      3.  Any insurance holding company or other person holding the shares of voting stock or the proxies of policyholders of a domestic insurer, [for the purpose of controlling] to control the management thereof, as voting trustee or otherwise.

      4.  Any subsidiary of the insurer.


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ê1997 Statutes of Nevada, Page 3375 (Chapter 682, SB 194)ê

 

      5.  Any person engaged in this state in, or proposing to be engaged in this state in, or holding himself out in this state as so engaging or proposing, or in this state assisting in, the promotion, formation or financing of an insurer or insurance holding corporation, or corporation or other group to finance an insurer or the production of its business.

      Sec. 3.  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 shall pay to the commissioner, fees and miscellaneous charges as follows:

      1.  Insurer’s certificate of authority:

      (a) Filing initial application........................................................................              $2,450

      (b) Issuance of certificate:

             (1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive             283

             (2) For two or more kinds of insurance as so defined.....................                   578

             (3) For a reinsurer..................................................................................                2,450

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

      (d) Reinstatement pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.

      (e) Registration of additional title pursuant to NRS 680A.240.............                     50

      (f) Annual renewal of the registration of additional title pursuant to NRS 680A.240              25

      2.  Charter documents, other than those filed with an application for a 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......................................................                     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 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


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ê1997 Statutes of Nevada, Page 3376 (Chapter 682, SB 194)ê

 

             (2) Triennial renewal of each license..................................................                   258

      (c) Surplus lines brokers:

             (1) Application and license ................................................................                     78

             (2) Triennial renewal of each license..................................................                     78

      7.  Solicitors’ licenses, appointments and renewals:

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

      (b) Triennial renewal of each license........................................................                     78

      (c) Initial appointment................................................................................                       5

      8.  Managing general agents’ licenses, appointments and renewals:

      (a) Resident managing general agents:

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

             (2) Initial appointment, each insurer..................................................                       5

             (3) Triennial renewal of each license..................................................                     78

      (b) Nonresident managing general agents:

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

             (2) Initial appointment, each insurer..................................................                     25

             (3) Triennial renewal of each license..................................................                   138

      9.  Adjusters’ licenses and renewals:

      (a) Independent and public adjusters:

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

             (2) Triennial renewal of each license..................................................                     78

      (b) Associate adjusters:

             (1) Application and license ................................................................                     78

             (2) Initial appointment..........................................................................                       5

             (3) Triennial renewal of each license..................................................                     78

      10.  Licenses and renewals for appraisers of physical damage to motor vehicles:

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

      (b) Triennial renewal of each license........................................................                     78

      11.  Additional title and property insurers pursuant to NRS 680A.240:

      (a) Original registration..............................................................................                   $50

      (b) Annual renewal.....................................................................................                     25

      12.  Insurance vending machines:

      (a) Application and license, for each machine........................................                   $78

      (b) Triennial renewal of each license........................................................                     78

      13.  Permit for solicitation for securities:

      (a) Application for permit...........................................................................                 $100

      (b) Extension of permit...............................................................................                     50

      14.  Securities salesmen for domestic insurers:

      (a) Application and license .......................................................................                   $25

      (b) Annual renewal of license...................................................................                     15

      15.  Rating organizations:

      (a) Application and license .......................................................................                 $500

      (b) Annual renewal.....................................................................................                   500


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ê1997 Statutes of Nevada, Page 3377 (Chapter 682, SB 194)ê

 

      16.  Certificates and renewals for administrators licensed pursuant to chapter 683A of NRS:

      (a) Resident administrators:

             (1) Application and certificate of registration .................................                   $78

             (2) Triennial renewal.............................................................................                     78

      (b) Nonresident administrators:

             (1) Application and certificate of registration .................................                   138

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

      17.  For copies of the insurance laws of Nevada, a fee which is not less than the cost of producing the copies.

      18.  Certified copies of certificates of authority and licenses issued pursuant to the insurance code....................................................................................................                   $10

      19.  For copies and amendments of documents on file in the 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.......................................                   $10

      21.  Certificate of status as a licensed agent or broker.........................                   $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:] bail enforcement agents:

      (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


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ê1997 Statutes of Nevada, Page 3378 (Chapter 682, SB 194)ê

 

             (2) Triennial renewal of each license..................................................                     78

      (b) Nonresident agents:

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

             (2) Triennial renewal of each license..................................................                   138

      29.  Licenses, appointments and renewals for agents for fraternal benefit societies:

      (a) Resident agents:

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

             (2) Appointment....................................................................................                       5

             (3) Triennial renewal of each license..................................................                     78

      (b) Nonresident agents:

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

             (2) Triennial renewal of each license..................................................                   138

      30.  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. 4.  NRS 683A.400 is hereby amended to read as follows:

      683A.400  1.  All funds of others received by any person in any way licensed or acting as an insurance agent, broker, solicitor, surplus lines broker, motor club agent or bail [bondsman] agent under any insurance policy or undertaking of bail, are received and held by such person in a fiduciary capacity. Any such person who diverts or appropriates such fiduciary funds to his own use is guilty of embezzlement.

      2.  Each such person who does not make immediate remittance of such funds to the insurer or other person entitled thereto, shall elect and follow with respect to funds received for the account of a particular insurer or person either of the following methods:

      (a) Remit received premiums , [(] less applicable commissions, if any , [)] and return premiums to the insurer or other person entitled thereto within 15 days after such receipt; or

      (b) Establish and maintain in a commercial bank or other established financial institution depositary in this state one or more accounts, separate from accounts holding his general personal, firm or corporate funds, and forthwith deposit and retain therein pending transmittal to the insurer or other person entitled thereto, all such premiums , [(] net of applicable commissions, if any , [)] and return premiums.


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ê1997 Statutes of Nevada, Page 3379 (Chapter 682, SB 194)ê

 

from accounts holding his general personal, firm or corporate funds, and forthwith deposit and retain therein pending transmittal to the insurer or other person entitled thereto, all such premiums , [(] net of applicable commissions, if any , [)] and return premiums. Funds belonging to more than one principal may be so deposited and held in the same such account [so long as] if the amount so held for each such principal is readily ascertainable from the records of the depositor. The depositor may commingle with such fiduciary funds in a particular [such] account such additional funds as he may deem prudent [for the purpose of advancing premiums, establishing] to advance premiums, establish reserves for the payment of return commissions, or for other contingencies arising in his business of receiving and transmitting premiums or return premiums.

      3.  Such a person may commingle with his own funds to an unlimited amount funds of a particular principal if the principal in writing in advance has specifically waived the segregation requirements of subsection 2.

      4.  Any commingling of funds with funds of any such person permitted under this section [shall] does not alter the fiduciary capacity of such person with respect to the funds of others.

      Sec. 5.  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] person for whom a license is issued or continued must:

      (a) Be at least 18 years of age;

      (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 before his application for the license;

      (c) Be competent, trustworthy, financially responsible and of good reputation;

      (d) Never 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;

      (e) Have had at least 2 years’ recent experience with respect to the handling of loss claims of sufficient character reasonably to enable him to fulfill the responsibilities of an adjuster;

      (f) Pass all examinations required under this chapter; and

      (g) Not be concurrently licensed as an agent, broker, solicitor or surplus lines broker, except as a bail [bondsman.] agent.

      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] a firm or corporation with whom he is employed that is 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.] Assembly Bill No. 578 of this session.


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ê1997 Statutes of Nevada, Page 3380 (Chapter 682, SB 194)ê

 

      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. 6.  Chapter 697 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 14, inclusive, of this act.

      Sec. 7.  “Bail enforcement agent” means a person who has contracted with or is employed by a surety or bail agent as a special agent to enforce the terms and conditions of a defendant’s release from custody on bail in a criminal proceeding, to locate a defendant and to apprehend a defendant or surrender a defendant to custody, or both, if appropriate.

      Sec. 8.  1.  Except as otherwise provided in subsection 2, a person is entitled to receive, renew or hold a license as a bail enforcement agent if he:

      (a) Is a natural person not less than 21 years of age.

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

      (c) Has a high school diploma or a general equivalency diploma or has an equivalent education as determined by the commissioner.

      (d) Has submitted to the commissioner a report of an investigation of his criminal history from the central repository for Nevada records of criminal history which indicates that he possesses the qualifications for licensure as a bail enforcement agent.

      (e) Has submitted to the commissioner the results of an examination conducted by a psychiatrist or psychologist licensed to practice in this state which indicate that he does not suffer from a psychological condition that would adversely affect his ability to carry out his duties as a bail enforcement agent.

      (f) Has passed any written examination required by this chapter.

      (g) Submits to the commissioner the results of a test to detect the presence of a controlled substance in his system that was administered no earlier than 30 days before the date of the application for the license which do not indicate the presence of any controlled substance for which he does not possess a current and lawful prescription issued in his name.

      (h) Successfully completes the training required by section 9 of this act.

      2.  A person is not entitled to receive, renew or hold a license of a bail enforcement agent if he:

      (a) Has been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; or

      (b) Has been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

      Sec. 9.  1.  Except as otherwise provided in this section, an applicant for a license as a bail enforcement agent must satisfactorily complete a basic course of training for bail enforcement agents that is approved by the commissioner.

      2.  The basic course of training must consist of at least 80 hours of training which includes instruction in:


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ê1997 Statutes of Nevada, Page 3381 (Chapter 682, SB 194)ê

 

      (a) The following areas of the law:

             (1) Constitutional law;

             (2) Procedures for arresting defendants and surrendering defendants into custody;

             (3) Civil liability;

             (4) The civil rights of persons who are detained in custody;

             (5) The use of force; and

             (6) The history and principles of bail;

      (b) Procedures for field operations, including, without limitation:

             (1) Safety and survival techniques;

             (2) Searching buildings;

             (3) Handling persons who are mentally ill or under the influence of alcohol or a controlled substance; and

             (4) The care and custody of prisoners;

      (c) The skills required of bail enforcement agents, including, without limitation:

             (1) Writing reports, completing forms and procedures for exoneration;

             (2) Methods of arrest;

             (3) Nonlethal weapons;

             (4) The retention of weapons;

             (5) Qualifications for the use of firearms; and

             (6) Defensive tactics;

      (d) Principles of investigation, including, without limitation:

             (1) The basic principles of locating defendants who have not complied with the terms and conditions established by a court for their release from custody or the terms and conditions of a contract entered into with a surety; and

             (2) Ethics; and

      (e) The following subjects:

             (1) Demeanor in a courtroom;

             (2) First aid used in emergencies; and

             (3) Cardiopulmonary resuscitation.

An applicant may complete the 80 hours of training required by this subsection by completing 16 hours of training each weekend for 5 weeks.

      3.  In lieu of completing the basic course of training required by subsection 1, an applicant may submit proof to the commissioner that he has completed a course of training required by a municipal, state or federal law enforcement agency or a branch of the armed forces to carry out the duties of a peace officer.

      4.  An applicant for a license as a bail enforcement agent must complete the training required by this section within 9 months after the date he is employed by a bail agent as a bail enforcement agent. The commissioner shall issue a temporary license to an applicant who has not completed the training if he is otherwise qualified to be issued a license as a bail enforcement agent. The temporary license:

      (a) Authorizes the person to whom it is issued to act as a bail enforcement agent while employed by a licensed bail agent.


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ê1997 Statutes of Nevada, Page 3382 (Chapter 682, SB 194)ê

 

      (b) Is valid for 9 months or until the person to whom it is issued completes the training required by this section, whichever occurs first.

      (c) May not be renewed.

      Sec. 10.  An application for a license as a bail agent must be accompanied by:

      1.  Proof of the completion of a 6-hour course of instruction in bail bonds that is:

      (a) Offered by a state or national organization of bail agents or another organization that administers training programs for bail agents; and

      (b) Is approved by the commissioner.

      2.  A written appointment by an authorized insurer as agent for bail bonds, subject to the issuance of the license.

      3.  A letter from a local law enforcement agency in the applicant’s county of residence which indicates that the applicant:

      (a) Has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and

      (b) Has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

      Sec. 11.  1.  An application for a license as a general agent must be accompanied by:

      (a) Proof of the completion of a 6-hour course of instruction in bail bonds that is:

             (1) Offered by a state or national organization of bail agents or another organization that administers training programs for general agents; and

             (2) Is approved by the commissioner.

      (b) A written appointment by an authorized insurer as general agent, subject to the issuance of the license.

      (c) A letter from a local law enforcement agency in the applicant’s county of residence which indicates that the applicant:

             (1) Has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and

             (2) Has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

      2.  If the applicant for a license as a general agent is a firm or corporation, the application must include the names of the members, officers and directors and designate each natural person who is to exercise the authority granted by the license. Each person so designated must furnish information about himself as though the application were for an individual license.

      Sec. 12.  An application for a license as a bail solicitor must be accompanied by:

      1.  Proof of the completion of a 6-hour course of instruction in bail bonds that is:

      (a) Offered by a state or national organization of bail agents or another organization that administers training programs for bail solicitors; and

      (b) Is approved by the commissioner.


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ê1997 Statutes of Nevada, Page 3383 (Chapter 682, SB 194)ê

 

      2.  An appointment by a licensed bail agent and a statement by the agent that he will exercise reasonable supervision over the conduct of the applicant and be responsible for the applicant’s conduct in the bail bond business.

      3.  A letter from a local law enforcement agency in the applicant’s county of residence which indicates that the applicant:

      (a) Has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and

      (b) Has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

      Sec. 13.  An application for a license as a bail enforcement agent must be accompanied by:

      1.  Proof of compliance with the requirements set forth in section 8 of this act.

      2.  A letter from a local law enforcement agency in the applicant’s county of residence which indicates that the applicant:

      (a) Has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and

      (b) Has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

      Sec. 14.  A person who is licensed as a general agent, bail agent or bail solicitor on October 1, 1997, is entitled to renew his license after that date if he is otherwise qualified to be issued such a license and submits to the commissioner a letter from a local law enforcement agency in his county of residence which indicates that he:

      1.  Has not, on or after October 1, 1997, been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and

      2.  Has not, on or after October 1, 1997, been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

      Sec. 15.  NRS 697.020 is hereby amended to read as follows:

      697.020  As used in this code, unless the context otherwise requires, the words and terms defined in NRS 697.030 to 697.080, inclusive, and section 7 of this act, have the meanings ascribed to them in [NRS 697.030 to 697.080, inclusive.] those sections.

      Sec. 16.  NRS 697.030 is hereby amended to read as follows:

      697.030  “Bail” means [that which is deposited] a deposit made with a court or other governmental agency to secure or continue the release from custody and to guarantee the appearance of the defendant in a criminal proceeding. [Bail] The term includes bail bonds, undertakings of bail and any pledge or deposit of the matters described in NRS 697.320.

      Sec. 17.  NRS 697.060 is hereby amended to read as follows:

      697.060  “Bail solicitor” means [an individual] a person employed by a bail [bondsman] agent to solicit bail transactions as a representative of [such bail bondsman.] the bail agent.


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ê1997 Statutes of Nevada, Page 3384 (Chapter 682, SB 194)ê

 

      Sec. 18.  NRS 697.090 is hereby amended to read as follows:

      697.090  1.  [No individual] A person in this state shall not act in the capacity of a bail [bondsman] agent, bail enforcement agent or bail solicitor, or perform any of the functions, duties or powers prescribed for a bail [bondsman] agent, bail enforcement agent or bail solicitor under the provisions of this chapter , unless that [individual] person is qualified and licensed as provided in this chapter.

      2.  [No] A person, whether or not located in this state, shall [be,] not act as or hold himself out to be a general agent unless qualified and licensed as such under the provisions of this chapter.

      3.  For the protection of the people of this state, the commissioner shall not issue [nor renew, nor] or renew, or permit to exist, any license except in compliance with this chapter. The commissioner shall not issue [nor renew, nor] or renew, or permit to exist, a license for any [individual] person found to be untrustworthy or incompetent, or who has not established to the satisfaction of the commissioner that he is qualified therefor in accordance with this chapter.

      Sec. 19.  NRS 697.100 is hereby amended to read as follows:

      697.100  1.  [No] Except as otherwise provided in this section, no license may be issued [except] :

      (a) Except in compliance with this chapter . [and none may be issued to a bail bondsman]

      (b) To a bail agent, bail enforcement agent or bail solicitor [except to] , unless he is a natural person.

      2.  A corporation may be licensed as a bail agent or bail enforcement agent if ownership and control of the corporation is retained by one or more licensed agents.

      3.  This section does not prohibit two or more licensed bail [bondsmen] agents from entering into a partnership for the conduct of their bail business. No person may be a member of such a partnership unless he is licensed pursuant to this chapter in the same capacity as all other members of the partnership. [Limited partnerships are prohibited and no] A limited partnership or a natural person may not have any proprietary interest , directly or indirectly , in a partnership or the conduct of business thereunder except licensed bail [bondsmen] agents as provided in this chapter.

      Sec. 20.  NRS 697.120 is hereby amended to read as follows:

      697.120  This chapter [shall] does not:

      1.  Prevent any [duly] licensed general lines agent, as defined in NRS 683A.050, from writing bail bonds for any insurer authorized to write surety which he represents as agent, providing [such agent shall be] the agent is subject to and governed by all laws, rules and regulations relating to bail [bondsmen] agents when engaged in the activities thereof.

      2.  Affect the negotiation for or the execution or delivery of a bail bond which is authorized by chapter 696A of NRS . [(motor clubs).]

      Sec. 21.  NRS 697.150 is hereby amended to read as follows:

      697.150  [A]

      1.  Except as otherwise provided in subsection 2, a person is [not] entitled to receive, renew or hold a license as a bail agent [unless he:


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ê1997 Statutes of Nevada, Page 3385 (Chapter 682, SB 194)ê

 

      1.  Is a bona fide resident of and resides within this state, and must have so] if he:

      (a)Is a resident of this state and has resided in this state for not less than 1 year immediately preceding the date of the application for the license.

      [2.](b) Is a natural person not less than 18 years of age.

      [3.](c) Has been appointed as a bail agent by an authorized surety insurer, subject to the issuance of the license.

      [4.](d) 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. 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.](e) Has passed any written examination required under this chapter.

      [6.](f) Has filed the bond required by NRS 697.190.

      (g) Has, on or after July 1, 1999, successfully completed a 6-hour course of instruction in bail bonds that is:

             (1) Offered by a state or national organization of bail agents or another organization that administers training programs for bail agents; and

             (2) Approved by the commissioner.

      2.  A person is not entitled to receive, renew or hold a license as a bail agent if he 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. 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 license of the agent.

      Sec. 22.  NRS 697.170 is hereby amended to read as follows:

      697.170  [A]

      1.  Except as otherwise provided in subsection 2, a person is [not] entitled to receive, renew or hold a license as a bail solicitor [unless he:

      1.]if he:

      (a) Is a natural person not less than 18 years of age.

      [2.  Is and has been a bona fide resident within]

      (b) Is a resident of this state and has resided in this state for not less than 3 months immediately preceding the date of the application for the license.

      [3.](c) Is the bona fide employee of a licensed bail [bondsman] agent as a bail solicitor, or is to be so employed subject to the issuance of the license.

      [4.](d) Has successfully completed a 6-hour course of instruction in bail bonds that is:

             (1) Offered by a state or national organization of bail agents or another organization that administers training programs for bail solicitors; and

             (2) Is approved by the commissioner.

      (e) Has passed any written examination required under this chapter.


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ê1997 Statutes of Nevada, Page 3386 (Chapter 682, SB 194)ê

 

      2.  Except as otherwise provided in section 14 of this act, a person is not entitled to receive, renew or hold a license as a bail solicitor if he:

      (a) Has been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; or

      (b) Has been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

      Sec. 23.  NRS 697.180 is hereby amended to read as follows:

      697.180  1.  [Written] A written application for a [bail agent’s, general agent’s, property bondsman’s or bail solicitor’s] license as a bail agent, general agent, bail enforcement agent or bail solicitor must be filed with the commissioner by the applicant, accompanied by the applicable fees. The application form must be accompanied by the applicant’s fingerprints, and must require full answers to questions reasonably necessary to determine the applicant’s:

      (a) Identity and residence.

      (b) Business record or occupations for not less than the 2 years [next preceding,] immediately preceding the date of the application, with the name and address of each employer, if any.

      (c) [Experience or instruction in the bail bond business and relative to the laws of this state governing bail.] Prior criminal history, if any.

      2.  The commissioner may [reasonably] require the submission of such other [facts] information as may be required to determine the applicant’s qualifications for the license for which he applied . [for.

      3.  If for a bail agent’s license, the application must be accompanied by a written appointment by an authorized insurer as agent for bail bonds, subject to issuance of the license.

      4.  If for a general agent’s license, the application must be accompanied by a written appointment by an authorized insurer as general agent, subject to issuance of the license.

      5.  If for a bail solicitor’s license, the application must be accompanied by an appointment by a licensed bail agent and a statement by the agent that he will exercise reasonable supervision over the conduct of the applicant and be responsible for the applicant’s conduct in the bail bond business.

      6.  If the applicant for a general agent’s license is a firm or corporation, the application must also name all members, officers and directors, and designate each natural person who is to exercise the license powers. Each person so designated must furnish information about himself as though for an individual license.

      7.] 3.  The applicant must verify his application. An applicant for a license under this chapter shall not knowingly misrepresent or withhold any fact or information called for in the application form or in connection therewith.

      Sec. 24.  NRS 697.190 is hereby amended to read as follows:

      697.190  1.  Every applicant for a [property bondsman’s,] bail agent’s or bail solicitor’s license [shall] must file with the application, and thereafter maintain in force while so licensed, a bond in favor of the people of the State of Nevada executed by an authorized surety insurer. The bond may be continuous in form with total aggregate liability limited to payment as follows:

 


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ê1997 Statutes of Nevada, Page 3387 (Chapter 682, SB 194)ê

 

continuous in form with total aggregate liability limited to payment as follows:

      (a) [Property bondsman.............................................................................            $50,000

      (b)] Bail agent..............................................................................................            $25,000

      [(c)] (b) Bail solicitor..................................................................................              10,000

      2.  The bond must be conditioned upon full accounting and payment to the person entitled thereto of money, property or other matters coming into the licensee’s possession through bail bond transactions under the license.

      3.  The bond must remain in force until released by the commissioner, or canceled by the surety. Without prejudice to any liability previously incurred under the bond, the surety may cancel the bond upon 30 days’ advance written notice to [both] the licensee and the commissioner.

      Sec. 25.  NRS 697.200 is hereby amended to read as follows:

      697.200  1.  Any natural person who intends to apply for a license as a bail [bondsman] agent, bail enforcement agent or bail solicitor must personally take and pass a written examination of his competence to act as [a bail bondsman or bail solicitor.] such. After passing the examination, the person may apply to the commissioner for such a license.

      2.  The scope of the examination must be as broad as the bail bond business.

      3.  The examination must be administered by the commissioner or an entity approved by the commissioner.

      Sec. 26.  NRS 697.220 is hereby amended to read as follows:

      697.220  1.  [The license shall] A license must state the name and address of the licensee, the date of issue, general conditions relative to expiration or termination, and such other information and conditions as the commissioner may deem proper and consistent with law.

      2.  The license of a bail solicitor [shall show] must also state the name and address of the [employer bail bondsman.] bail agent who is the employer of the bail solicitor.

      Sec. 27.  NRS 697.230 is hereby amended to read as follows:

      697.230  1.  [Each general agent’s, bail bondsman’s and bail solicitor’s] Except as otherwise provided in section 9 of this act, each license issued to a general agent, bail agent, bail enforcement agent or bail solicitor under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon payment of the applicable fee for renewal to the commissioner on or before the last day of the month in which the license is renewable. The fee must be accompanied by [a] :

      (a) Proof that the licensee has completed a 3-hour program of continuing education that is:

             (1) Offered by the authorized surety insurer from whom he received his written appointment, if any, a state or national organization of bail agents or another organization that administers training programs for general agents, bail agents, bail enforcement agents or bail solicitors; and

             (2) Approved by the commissioner; and

      (b) A written request for renewal of the license. The request must be made and signed:


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ê1997 Statutes of Nevada, Page 3388 (Chapter 682, SB 194)ê

 

      [(a)](1) By the licensee in the case of the renewal of a [general agent’s or property bondsman’s license.

      (b)]license as a general agent, bail enforcement agent or bail agent.

             (2) By the bail solicitor and the bail [bondsman] agent who employs the solicitor in the case of [a bail solicitor’s license.] the renewal of a license as a bail solicitor.

      2.  Any license [referred to in subsection 1 and not so] that is not renewed on or before the last day specified for its renewal expires at midnight on that day. The commissioner may accept a request for renewal received by him within 30 days after the date of expiration [,] if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required.

      3.  A bail agent’s license continues in force while there is in effect an appointment of him as a bail agent of one or more authorized insurers. Upon termination of all the bail agent’s appointments and his failure to replace any appointment within [60] 30 days thereafter, his license expires and he shall promptly deliver his license to the commissioner.

      4.  The commissioner shall terminate the license of a general agent for a particular insurer upon a written request by the insurer.

      5.  [Any property bondsman who discontinues writing bail bonds during the period for which he is licensed shall notify the clerk of the district court and the sheriff with whom he has registered and return his license to the commissioner for cancellation within 30 days after the discontinuance.

      6.]  This section does not apply to temporary licenses issued under section 9 of this act or NRS 683A.300.

      Sec. 28.  NRS 697.250 is hereby amended to read as follows:

      697.250  1.  An insurer may terminate an appointment at any time. The insurer shall promptly give written notice of termination and the effective date thereof to the commissioner, on forms furnished by the commissioner, and to the bail agent if reasonably possible. The commissioner may require of the insurer reasonable proof that the insurer has also given such a notice to the agent if reasonably possible.

      2.  Accompanying each notice of termination given to the commissioner, the insurer shall file with him a statement of the cause, if any, for the termination. Any information or documents so disclosed to the commissioner shall be deemed an absolutely privileged communication, and the information or documents are not admissible as evidence in any action or proceedings unless their use as evidence is permitted by the insurer in writing.

      3.  A bail [bondsman] agent terminating the appointment and license as such of a bail solicitor shall give [like] notice of termination [, with like status as a privileged communication] in the manner prescribed by subsections 1 and 2. Any information or documents disclosed to the commissioner shall be deemed an absolutely privileged communication, unless the privilege is waived in writing by the bail agent.

      4.  No agreement between an insurer and a bail agent or between an employing bail [bondsman] agent and a licensed bail solicitor affects the commissioner’s termination of the appointment or license if the termination is requested by the insurer or the employing bail agent, as the case may be.


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ê1997 Statutes of Nevada, Page 3389 (Chapter 682, SB 194)ê

 

      Sec. 29.  NRS 697.260 is hereby amended to read as follows:

      697.260  1.  A bail solicitor shall not concurrently be employed or licensed as to more than one bail [bondsman.] agent.

      2.  The bail [bondsman shall be] agent is responsible for the acts or omissions of the bail solicitors within the scope of his employment.

      3.  The bail solicitor shall maintain his office with that of the [employer bail bondsman.] bail agent with whom he is employed.

      4.  The bail solicitor’s license [shall] must remain in the custody of the [employer bail bondsman.] bail agent with whom he is employed. Upon termination of such employment as a bail solicitor, the bail [bondsman] agent shall give written notice thereof to the commissioner, as provided in NRS 697.250, and deliver the license to the commissioner for cancellation.

      Sec. 30.  NRS 697.270 is hereby amended to read as follows:

      697.270  [No bail bondsman shall] A bail agent shall not become a surety on an undertaking unless he has registered in the office of the sheriff and with the clerk of the district court in which the [bondsman] agent resides, and he may register in [like] the same manner in any other county. Any bail agent shall file a certified copy of his appointment by power of attorney from each insurer which he represents as agent with each of such officers. [Registration and filing of] The bail agent shall register and file a certified copy of renewed power of attorney [shall be performed] annually on July 1. The clerk of the district court and the sheriff shall not permit the registration of a bail [bondsman unless such bondsman is duly] agent unless the agent is licensed by the commissioner.

      Sec. 31.  NRS 697.280 is hereby amended to read as follows:

      697.280  1.  Every bail [bondsman] agent shall have and maintain in this state a place of business accessible to the public, wherein the licensee principally conducts transactions under his license. The address of [such place shall] his principal place of business must appear upon the application for a license and upon the license, when issued, and the licensee shall promptly notify the commissioner [relative to] of any change [thereof. Nothing in this section prohibits the maintenance of such place in the licensee’s] in that address. This subsection does not prohibit a licensee from conducting business in his residence in this state.

      2.  The licenses of the licensee, and those of others employed by him, [shall] and the fees charged for services rendered must be conspicuously displayed in [such] his principal place of business in a part or area customarily open to the public.

      3.  The bail [bondsman] agent shall keep at [such] his principal place of business the records required under NRS 697.290.

      Sec. 32.  NRS 697.290 is hereby amended to read as follows:

      697.290  Every bail [bondsman] agent must maintain in his office such records of bail bonds, and such additional information as the commissioner may reasonably require, executed or countersigned by him to enable the public to obtain all necessary information concerning [such] the bail bonds for at least 1 year after the liability of the surety has been terminated. [Such records shall] The records must be open to examination by the commissioner or his representatives at all times, and the commissioner at any time may require the licensee to furnish to him, in such manner or form as he requires, any information kept or required to be kept in [such] the records.


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as he requires, any information kept or required to be kept in [such] the records.

      Sec. 33.  NRS 697.300 is hereby amended to read as follows:

      697.300  [No bail bondsman shall,]

      1.  A bail agent shall not, in any bail transaction or in connection therewith, directly or indirectly, charge [,] or collect money or other valuable consideration from any person except for the following purposes:

      [1.](a) To pay the premium at the rates established by the insurer, in accordance with chapter 686B of NRS, or to pay the charges for the bail bond filed in connection with [such] the transaction at the rates filed in accordance with the provisions of this code.

      [2.]The rates must be not less than 10 percent or more than 15 percent of the amount of the bond or $50, whichever is greater.

      (b) To provide collateral.

      [3.](c) To reimburse himself for actual expenses incurred in connection with the [individual bail transaction, including:

      (a) Guard and like fees;

      (b)]transaction. Such expenses are limited to:

             (1) Guard fees.

             (2) Notary public fees, recording fees, expenses incurred for necessary long distance telephone [expenses, telegram charges and travel] calls and charges for telegrams.

             (3) Travel expenses incurred more than 25 miles from the [bondsman’s] agent’s principal place of business . [, such travel expense not to exceed a charge of 10 cents per mile in excess of such 25 miles; and

      (c)]Such expenses:

                   (I) May be billed at the rate provided for state officers and employees generally; and

                   (II) May not be charged in areas where bail agents advertise a local telephone number.

             (4)Expenses incurred to verify underwriting information.

             (5) Any other actual expenditure necessary to the [bail] transaction which is not usually and customarily incurred in connection with bail transactions.

      [4.](d) To reimburse himself, or have a right of action against the principal or any indemnitor, for actual expenses incurred in good faith, by reason of breach by the defendant of any of the terms of the written agreement under which and pursuant to which the undertaking of bail or bail bond was written. [Should there be] If there is no written agreement, or an incomplete writing, the surety may, at law, enforce its equitable rights against the principal and his indemnitors, in exoneration. Such reimbursement [,] or right of action [, shall] must not exceed the principal sum of the bond or undertaking [and reasonable attorney’s fees and] , plus any reasonable expenses that may be verified by receipt in a total amount of not more than the principal sum of the bond or undertaking, incurred in good faith by the surety, its agents, licensees and employees by reason of the principal’s breach.

      [5.  Nothing in this section shall be construed as preventing]


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      2.  This section does not prevent the full and unlimited right of a bail agent to execute undertaking of bail on behalf of a nonresident agent of the surety he represents. The licensed resident bail agent [shall be] is entitled to a minimum countersignature [charge] fee of $5, with a maximum countersignature fee [not to exceed $10 per $1,000 on the face amount of the bond] of $100, plus expenses incurred in accordance with [subsections 3 and 4.] paragraphs (c) and (d) of subsection 1. Such countersignature fees may be charged in addition to the premium of the undertaking.

      Sec. 34.  NRS 697.310 is hereby amended to read as follows:

      697.310  Except to the extent permitted by [subsections 3, 4 and 5] paragraphs (c) and (d) of subsection 1 of NRS 697.300 and subsection 2 of NRS 697.300, [no bail] a licensee shall not make any charge for his services in a bail transaction in addition to the premium or the charge for a bail bond at the rates filed in accordance with the provisions of this code.

      Sec. 35.  NRS 697.320 is hereby amended to read as follows:

      697.320  1.  A bail [bondsman] agent may accept collateral security in connection with a bail transaction [, provided such] if the collateral security is reasonable in relation to the face amount of the bond.

      2.  [Such collateral security shall] The collateral security must be received by the bail [bondsman] agent in his fiduciary capacity, and [prior to] before any forfeiture of bail [shall] must keep it separate and apart from any other funds or assets of [such] the licensee. Any collateral received [shall] must be returned to the person who deposited it with the bail [bondsman] agent or any assignee other than the bail [bondsman] agent as soon as the obligation, the satisfaction of which was secured by the collateral, is discharged [.] and all fees owed to the bail agent have been paid. If the collateral is deposited to secure the obligation of a bond, it [shall] must be returned [upon] within 30 days after the entry of any order by an authorized official by virtue of which liability under the bond is terminated [.] or upon payment of all fees owed to the bail agent, whichever is later. A certified copy of the minute order from the court wherein the bail or undertaking was ordered exonerated shall be deemed prima facie evidence of exoneration or termination of liability.

      3.  [When] If a bail [bondsman] agent accepts collateral , he shall give a written receipt for the [same, and this receipt shall give] collateral. The receipt must include in detail a full account of the collateral received.

      Sec. 36.  NRS 697.330 is hereby amended to read as follows:

      697.330  If a bail [bondsman] agent or bail solicitor, without good cause, surrenders a defendant to custody [prior to] before the time specified in the undertaking of bail or the bail bond for the appearance of the defendant, or [prior to] before any other occasion where the presence of the defendant in court is lawfully required, the premium [shall be] is returnable in full.

      Sec. 37.  NRS 697.340 is hereby amended to read as follows:

      697.340  1.  A bail [bondsman,] agent, general agent or bail solicitor shall not:

      (a) Suggest or advise the employment of or name for employment any particular attorney to represent his principal.


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      (b) Solicit business in or about any place where prisoners are confined or in or about any court.

      (c) Pay a fee or rebate or give or promise anything of value to any person in order to secure a settlement, compromise, remission or reduction of the amount of any undertaking or bail bond.

      (d) Pay a fee or rebate or give anything of value to an attorney in bail bond matters, except for legal services actually rendered.

      (e) Pay a fee or rebate or give or promise anything of value to the principal or anyone in his behalf.

      (f) Participate in the capacity of an attorney at a trial or hearing of [one] a person on whose bond he is surety, except for the purposes of surrendering the defendant, making motions to set aside orders of bail forfeitures and motions to exonerate bails and protecting his financial interest in such a bond.

      2.  The following persons [or classes shall] may not be bail [bondsmen] agents, bail enforcement agents or bail solicitors and shall not , directly or indirectly , receive any benefits from the execution of any bail bond:

      (a) Jailers;

      (b) Police officers;

      (c) Justices of the peace;

      (d) Municipal judges;

      (e) Sheriffs, deputy sheriffs and constables;

      (f) Any person having the power to arrest or having anything to do with the control of federal, state, county or municipal prisoners; and

      (g) Trustees or prisoners incarcerated in any jail, prison or any other place used for the incarceration of persons.

      3.  A bail [bondsman] agent shall not sign [nor] or countersign in blank any bond, [nor shall he] or give the power of attorney to, or otherwise authorize, anyone to countersign his name to bonds unless the person so authorized is a licensed [bondsman] agent directly employed by the [bondsman giving such] agent giving the power of attorney.

      4.  A bail [bondsman,] agent, bail enforcement agent, bail solicitor or general agent shall not advertise or hold himself out to be a surety insurance company.

      Sec. 38.  NRS 697.350 is hereby amended to read as follows:

      697.350  [1.  A property bondsman shall justify the sufficiency of his undertaking by attaching to each bail bond only United States currency, a United States postal money order, a cashier’s check or other security acceptable to the court as security in the amount of such bond.

      2.]  A bail agent shall justify his suretyship by attaching a copy of the power of attorney issued to him by the surety insurer to each bond.

      Sec. 39.  NRS 697.360 is hereby amended to read as follows:

      697.360  Licensed bail [bondsmen,] agents, bail solicitors and general agents [shall also be] are also subject to the following provisions of this code, to the extent reasonably applicable:

      1.  Chapter 679A of NRS .[(scope and definitions).]

      2.  Chapter 679B of NRS . [(commissioner of insurance).]

      3.  NRS 683A.240 . [(true, fictitious names).]

      4.  NRS 683A.300 . [(temporary license).]


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ê1997 Statutes of Nevada, Page 3393 (Chapter 682, SB 194)ê

 

      5.  NRS 683A.400 . [(fiduciary funds).]

      6.  NRS 683A.410 . [(remittance of premiums).]

      7.  NRS 683A.450 to 683A.480, inclusive . [(grounds, procedure for suspension, revocation, refusal of license).]

      8.  NRS 686A.010 to 686A.310, inclusive . [(trade practices and frauds).]

      Sec. 40.  NRS 171.153 is hereby amended to read as follows:

      171.153  1.  Any person arrested has the right to make a reasonable number of completed telephone calls from the police station or other place at

which he is booked immediately after he is booked and, except where physically impossible, no later than 3 hours after his arrest. Such telephone calls may be limited to local calls, except that long distance calls may be made by the arrested person at his own expense.

      2.  A reasonable number of calls [shall] must include one completed call to a friend or bail [bondsman] agent and one completed call to an attorney.

      Sec. 41.  NRS 176.18523 is hereby amended to read as follows:

      176.18523  For the purpose of surrendering a probationer, a surety, at any time before it is finally discharged, and at any place within the state, may , [arrest the probationer or,] by a written authority endorsed on a certified copy of the undertaking, [may empower a person of suitable age and discretion to do so.] cause the probationer to be arrested by a bail agent or bail enforcement agent who is licensed pursuant to chapter 697 of NRS.

      Sec. 42.  NRS 178.526 is hereby amended to read as follows:

      178.526  For the purpose of surrendering [the defendant, the sureties,] a defendant, a surety, at any time before [they are] he is finally discharged, and at any place within the state, may , [themselves arrest him, or] by a written authority [,] endorsed on a certified copy of the undertaking, [may empower any person of suitable age and discretion to do so.] cause the defendant to be arrested by a bail agent or bail enforcement agent who is licensed pursuant to chapter 697 of NRS.

      Sec. 43.  NRS 697.010, 697.050, 697.080, 697.110 and 697.160 are hereby repealed.

      Sec. 44.  Notwithstanding the amendatory provisions of section 18 of this act, a person performing any of the functions, duties or powers prescribed for a bail enforcement agent is not required to be licensed pursuant to the provisions of this act before January 1, 1998.

      Sec. 45.  The commissioner of insurance shall, not later than January 1, 1998, release the bond of a property bondsman filed pursuant to NRS 697.190.

      Sec. 46.  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. 47.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

      Sec. 48.  Sections 3, 5 and 21 of this act become effective at 12:01 a.m. on October 1, 1997.

________

 


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ê1997 Statutes of Nevada, Page 3394ê

 

CHAPTER 683, SB 472

Senate Bill No. 472–Committee on Natural Resources

CHAPTER 683

AN ACT relating to grazing fees; establishing the minimum amount of fees that may be charged for certain leases of state land used for grazing livestock under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  Chapter 322 of NRS is hereby amended by adding thereto a new section to read as follows:

      Unless the fee for the term or any portion of the term of a lease of land for grazing livestock is determined pursuant to NRS 322.060:

      1.  The fee for the term or any portion of the term of the lease must be based on the fair market value of the interest leased, but must not be less than:

      (a) The minimum grazing fee determined pursuant to subsection 2; or

      (b) The base value specified in subsection 3,

whichever is greater, for each animal unit month leased.

      2.  To determine the minimum grazing fee for the purposes of subsection 1, the administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar, shall:

      (a) For each of the 3 years immediately preceding the year in which the land is leased:

             (1) Divide the price of beef cattle as set forth in the beef price index for that year by the cost to produce livestock as set forth in the production price index for that year; and

             (2) Multiply the quotient calculated pursuant to subparagraph (1) by the base value specified in subsection 3 for that year; and

      (b) Upon determining an amount for each year pursuant to paragraph (a), add each of those amounts and divide the sum by 3.

      3.  For the purposes of this section, the base value is $1.94 for the period beginning on July 1, 1997, and ending on December 31, 2003. On January 1, 2004, and every 6 years thereafter, the administrator shall revise the base value to adjust for inflation.

      4.  As used in this section:

      (a) “Animal unit month” means the amount of forage required to sustain one cow for one month.

      (b) “Beef price index” means the index that:

             (1) Indicates the price of beef cattle in this state; and

             (2) Is calculated by the administrator from data published annually by the United States Department of Agriculture.

      (c) “Production price index” means the index that:

             (1) Indicates the cost to produce livestock, including the costs related to interest, taxes and wages; and


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ê1997 Statutes of Nevada, Page 3395 (Chapter 683, SB 472)ê

 

             (2) Is published annually by the United States Department of Agriculture.

      Sec. 2.  The amendatory provisions of this act do not apply to a lease specified in section 1 of this act that is executed before July 1, 1997.

      Sec. 3.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 684, SB 434

Senate Bill No. 434–Committee on Taxation

CHAPTER 684

AN ACT relating to taxes; requiring that the tax imposed on certain special fuel be collected by special fuel dealers; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  Chapter 366 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  “Special fuel dealer” means a person who sells compressed natural gas or liquefied petroleum gas and delivers any part thereof into the tank for the supply of fuel of a motor vehicle that is not owned or controlled by him.

      Sec. 3.  A special fuel dealer shall not collect the tax on special fuel from a purchaser who is exempt from the tax on special fuel pursuant to NRS 366.200.

      Sec. 4.  1.  On or before the last day of each month, a special fuel dealer shall file with the department a tax return for the preceding month, regardless of the amount of tax collected, on a form prescribed by the department.

      2.  The tax return must:

      (a) Include information required by the department for the administration and enforcement of this chapter; and

      (b) Be accompanied by a remittance, payable to the department, for the amount of the tax due.

      Sec. 5.  1.  If the department determines that the failure of a special fuel supplier, special fuel dealer or special fuel user to file a timely return or pay a tax or fee imposed pursuant to this chapter is due to circumstances beyond his control and occurred notwithstanding the exercise of ordinary care and in the absence of willful neglect, the department may relieve the supplier, dealer or user of all or part of any penalty or interest due.

      2.  A special fuel supplier, special fuel dealer or special fuel user who requests relief from the payment of a penalty or interest must submit to the department a statement, signed under penalty of perjury, that sets forth the facts upon which he bases his claim for relief.

      Sec. 6.  The department may:


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ê1997 Statutes of Nevada, Page 3396 (Chapter 684, SB 434)ê

 

      1.  Enter into a written agreement with a special fuel supplier, special fuel dealer or special fuel user for the payment of delinquent taxes, interest or penalties imposed pursuant to this chapter.

      2.  Adopt regulations providing for:

      (a) The payment of delinquent taxes, interest or penalties upon the execution of a written agreement between the department and a special fuel supplier, special fuel dealer or special fuel user; and

      (b) The cancellation of such an agreement if the special fuel supplier, special fuel dealer or special fuel user becomes delinquent in his payment of the delinquent taxes, interest or penalties owed to the department pursuant to the provisions of this chapter.

      Sec. 7.  If a check submitted to the department for payment of the taxes imposed pursuant to this chapter is dishonored upon presentment for payment, the department may require that any future payments be made by cashier’s check, traveler’s check, money order or cash.

      Sec. 8.  1.  A special fuel user may, in lieu of causing a motor vehicle that has a declared gross weight in excess of 26,000 pounds to be licensed pursuant to the provisions of NRS 366.220, obtain a temporary permit for special fuel from a vendor authorized to issue permits pursuant to NRS 481.051 before entering the state or immediately upon entering the state. The fee for a temporary permit for special fuel is $30 and is not refundable.

      2.  Except as otherwise provided in subsection 3, a temporary permit for special fuel authorizes the operation of such a motor vehicle over the highways of this state from point of entry to point of exit for not more than 24 consecutive hours.

      3.  The department may issue to the owner or operator of a common motor carrier of passengers a temporary permit for special fuel that authorizes the operation of the motor carrier for not more than 120 consecutive hours.

      4.  The department may adopt regulations relating to the issuance of a temporary permit for special fuel pursuant to this section.

      Sec. 9.  NRS 366.020 is hereby amended to read as follows:

      366.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 366.025 to 366.100, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 10.  NRS 366.140 is hereby amended to read as follows:

      366.140  1.  Every special fuel supplier, special fuel dealer or special fuel user and every person transporting or storing special fuel in this state shall keep such records, receipts, invoices and other pertinent papers with respect thereto as the department requires.

      2.  [These] The records, receipts, invoices and other pertinent papers used in the preparation of a report or return required pursuant to this chapter must be preserved [intact for 36 months.

      3.  Any special fuel supplier, special fuel exporter or special fuel user who:

      (a) Fails to file the returns required pursuant to this chapter; or

      (b) Files the returns required pursuant to this chapter and indicates that no taxable fuel was sold, distributed or used or that he conducted no taxable operation, shall keep the records required by this section for 7 years after their making or until the department gives him written authorization to destroy the records.


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shall keep the records required by this section for 7 years after their making or until the department gives him written authorization to destroy the records.

      4.] for 4 years after the report or return is filed with the department.

      3.  The records, receipts, invoices and other pertinent papers must be available at all times during business hours to the department or its authorized agents.

      Sec. 11.  NRS 366.150 is hereby amended to read as follows:

      366.150  1.  The department or its authorized agents may:

      (a) Examine the books, papers, records and equipment of any special fuel supplier, special fuel dealer, special fuel user or person transporting or storing special fuel as defined in NRS 366.060; and

      (b) Investigate the character of the disposition which any person makes of that fuel,

to determine whether all excise taxes due pursuant to this chapter are being properly reported and paid.

      2.  The fact that [such] those books, papers, records and equipment are not maintained in this state at the time of demand [shall] does not cause the department to lose any right of examination pursuant to this chapter [when and where] at the time and place those books, papers, records and equipment become available.

      Sec. 12.  NRS 366.160 is hereby amended to read as follows:

      366.160  1.  All records of mileage operated, origin and destination points within this state, equipment operated in this state, gallons or cubic feet consumed, and tax paid must at all reasonable times be open to the public.

      2.  All supporting schedules, invoices and other pertinent papers relative to the business affairs and operations of any special fuel supplier , special fuel dealer or special fuel user, and any information obtained by an investigation of the records and equipment of any special fuel supplier , special fuel dealer or special fuel user, shall be deemed confidential and must not be revealed to any person except as necessary to administer this chapter or as otherwise provided by law.

      Sec. 13.  NRS 366.170 is hereby amended to read as follows:

      366.170  The department may, upon request from officials to whom is entrusted the enforcement of the special fuel tax law of any other state, the District of Columbia, the United States, its territories or possessions, or any foreign country, forward to those officials any information which it may have relative to the receipt, storage, delivery, sale, use or other disposition of special fuel by any special fuel supplier, special fuel exporter , special fuel dealer or special fuel user, if [,] such other state, district, territory or possession furnishes similar information to this state.

      Sec. 14.  NRS 366.199 is hereby amended to read as follows:

      366.199  1.  Except as otherwise provided in subsection 2, a person shall not import, sell, distribute, use or store special fuel in this state to which dye has not been added pursuant to NRS 366.203 or for which the tax imposed pursuant to NRS 366.190 has not been paid.


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ê1997 Statutes of Nevada, Page 3398 (Chapter 684, SB 434)ê

 

      2.  A special fuel supplier or special fuel dealer may import or store special fuel which has not been dyed and for which the tax imposed pursuant to NRS 366.190 has not been paid.

      Sec. 15.  NRS 366.203 is hereby amended to read as follows:

      366.203  1.  Special fuel , other than compressed natural gas, liquefied petroleum gas or kerosene, which is exempt from the tax pursuant to subsection 1 of NRS 366.200 must be dyed before it is removed for distribution from a rack. The dye added to the exempt special fuel must be of the color and concentration required by the regulations adopted by the Secretary of the Treasury pursuant to 26 U.S.C. § 4082.

      2.  A person shall not operate or maintain on any highway in this state a motor vehicle which contains in the fuel tank of that vehicle special fuel which has been dyed.

      3.  There is a rebuttable presumption that all special fuel which has not been dyed and which is sold or distributed in this state is for the purpose of propelling a motor vehicle.

      Sec. 16.  NRS 366.207 is hereby amended to read as follows:

      366.207  1.  Except as otherwise provided in subsections 2 and 3, each special fuel supplier who sells or distributes special fuel to which dye has not been added shall, at the time the special fuel is purchased, collect the tax imposed pursuant to NRS 366.190.

      2.  A special fuel supplier may sell special fuel to a purchaser without collecting the tax imposed pursuant to NRS 366.190 if the purchaser of the special fuel:

      (a) Has been issued a permit by the department pursuant to NRS 366.397; and

      (b) Elects to defer payment of the tax.

      3.  A special fuel supplier shall not collect the tax imposed pursuant to NRS 366.190 if the purchaser of the special fuel is:

      (a) A special fuel supplier; [or]

      (b) A special fuel exporter [.] ; or

      (c) A special fuel dealer.

      4.  A special fuel supplier who sells special fuel to any other special fuel supplier or special fuel dealer shall keep such records of the transaction as the department may require. The department shall adopt regulations setting forth:

      (a) The records which must be kept by the special fuel supplier pursuant to this subsection; and

      (b) The period for which those records must be kept by the special fuel supplier.

      5.  If, within a period of 6 months, a person purchases not less than 200 gallons of special fuel in this state which is used for a purpose that is exempt from the payment of the tax on special fuel pursuant to NRS 366.200, he may apply to the department for a refund in the manner prescribed in subsection 6 of NRS 366.650.

      Sec. 17.  NRS 366.220 is hereby amended to read as follows:

      366.220  1.  Except as otherwise provided in this chapter, it is unlawful for any special fuel supplier , special fuel dealer or special fuel user to sell or use special fuel within this state unless the special fuel supplier , special fuel dealer or special fuel user is the holder of a special fuel supplier’s , special fuel dealer’s or special fuel user’s license issued to him by the department.


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ê1997 Statutes of Nevada, Page 3399 (Chapter 684, SB 434)ê

 

fuel dealer or special fuel user is the holder of a special fuel supplier’s , special fuel dealer’s or special fuel user’s license issued to him by the department.

      2.  The department may adopt regulations relating to the issuance of any special fuel supplier’s , special fuel dealer’s or special fuel user’s license and the collection of fees therefor.

      Sec. 18.  NRS 366.240 is hereby amended to read as follows:

      366.240  1.  The department shall:

      (a) Upon receipt of the application and bond in proper form, issue to the applicant a special fuel supplier’s or special fuel dealer’s license.

      (b) Upon receipt of the application in proper form, issue to the applicant a special fuel user’s license.

      2.  The department may refuse to issue a special fuel supplier’s , special fuel dealer’s license or special fuel user’s license to any person:

      (a) Who formerly held a special fuel [supplier’s] license in this state, any other state, the District of Columbia, the United States, a territory or possession of the United States or any foreign country which, before the time of filing the application, has been revoked for cause;

      (b) Who applies as a subterfuge for the real party in interest whose license, before the time of filing the application, has been revoked for cause;

      (c) Who, if he is a special fuel supplier [,] or special fuel dealer, neglects or refuses to furnish a bond as required by this chapter;

      (d) Who is in default in the payment of a tax on special fuel in this state, any other state, the District of Columbia, the United States, [its territories or possessions,] a territory or possession of the United States or any foreign country; or

      (e) Upon other sufficient cause being shown.

      Sec. 19.  NRS 366.250 is hereby amended to read as follows:

      366.250  Any applicant whose application for a special fuel supplier’s license , special fuel dealer’s license or special fuel user’s license has been denied may petition the department for a hearing. The department shall:

      1.  Grant the applicant a hearing.

      2.  Provide to the person, not less than 10 days before the hearing, written notice of the time and place of the hearing.

      Sec. 20.  NRS 366.260 is hereby amended to read as follows:

      366.260  1.  Each special fuel supplier’s license or special fuel dealer’s license is valid until suspended or revoked for cause or otherwise canceled.

      2.  Each special fuel user’s license is valid for the calendar year unless suspended or revoked for cause or otherwise canceled.

      3.  The license of a special fuel supplier , special fuel dealer or special fuel user is not transferable.

      Sec. 21.  NRS 366.270 is hereby amended to read as follows:

      366.270  Whenever any person ceases to be a special fuel supplier , special fuel dealer or special fuel user within the state by reason of discontinuance, sale or transfer of his business, he shall:

      1.  Notify the department in writing at the time the discontinuance, sale or transfer takes effect. The notice must give the date of discontinuance and, in the event of a sale, the date thereof and the name and address of the purchaser or transferee.


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

ê1997 Statutes of Nevada, Page 3400 (Chapter 684, SB 434)ê

 

and, in the event of a sale, the date thereof and the name and address of the purchaser or transferee.

      2.  Surrender to the department the license issued to him by the department.

      3.  If he is a special fuel user, file a quarterly tax return and pay all taxes, interest and penalties pursuant to NRS 366.370 and 366.380, except that both the filing and payment are due on or before the last day of the month following the month of discontinuance, sale or transfer of the business.

      4.  If he is a special fuel supplier, file a monthly tax return and pay all taxes, interest and penalties pursuant to NRS 366.370 and 366.383 on or before the last day of the month following the month of discontinuance, sale or transfer of the business.

      5.  If he is a special fuel dealer, file a monthly tax return and pay all taxes, interest and penalties pursuant to NRS 366.370 and section 4 of this act on or before the last day of the month following the month of discontinuance, sale or transfer of the business.

      Sec. 22.  NRS 366.350 is hereby amended to read as follows:

      366.350  1.  The department may revoke the license of any special fuel dealer, special fuel supplier or special fuel user for reasonable cause.

      2.  Before revoking a license, the department shall send a notice by registered or certified mail to the licensee at his last known address ordering him to appear before the department at a time not less than 10 days after the mailing of the notice and show cause why the license should not be revoked.

      Sec. 23.  NRS 366.360 is hereby amended to read as follows:

      366.360  1.  The department shall cancel any license to act as a special fuel supplier , special fuel dealer or [a] special fuel user immediately upon the surrender thereof by the holder.

      2.  If a surety has lodged with the department a written request to be released and discharged of liability, the department shall immediately notify the special fuel supplier or special fuel dealer who furnished the bond, and unless he files a new bond as required by the department within 30 days or makes a deposit in lieu thereof as provided in NRS 366.550, the department may cancel his license.

      3.  If a special fuel supplier or special fuel dealer becomes delinquent in the payment of excise taxes as prescribed by this chapter to the extent that his liability exceeds the total amount of bond furnished by him, the department may cancel his license immediately.

      Sec. 24.  NRS 366.370 is hereby amended to read as follows:

      366.370  1.  Except as otherwise provided in [subsection 4,] subsections 4 and 5 and NRS 366.380, the excise tax imposed by this chapter with respect to the use or sale of special fuel during any calendar quarter is due on or before the last day of the first month following the quarterly period to which it relates.

      2.  If the due date falls on a Saturday, Sunday or legal holiday, the next business day is the final due date.

      3.  Payment shall be deemed received on the date shown by the cancellation mark stamped by the United States Postal Service or the postal service of any other country upon an envelope containing payment properly addressed to the department.


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

ê1997 Statutes of Nevada, Page 3401 (Chapter 684, SB 434)ê

 

service of any other country upon an envelope containing payment properly addressed to the department.

      4.  A special fuel supplier shall pay the tax imposed by this chapter at the time he files his monthly tax return pursuant to NRS 366.383.

      5.  A special fuel dealer shall pay the tax imposed by this chapter at the time he files his monthly tax return pursuant to section 4 of this act.

      Sec. 25.  NRS 366.380 is hereby amended to read as follows:

      366.380  1.  [On] Except as otherwise provided in subsection 2, on or before the last day of January, April, July and October in each year, each special fuel user shall file with the department a quarterly tax return for the preceding quarter, regardless of the amount of excise tax due, on a form prescribed by the department.

      2.  A special fuel user may, upon the issuance or renewal of a special fuel license, request to file a tax return annually with the department. If the request is approved by the department, the special fuel user shall file with the department a tax return for the preceding year on or before the last day of January of each year, regardless of the amount of excise tax due, on a form prescribed by the department.

      3.  The return must show such information as the department may reasonably require for the proper administration and enforcement of this chapter.

      Sec. 26.  NRS 366.390 is hereby amended to read as follows:

      366.390  1.  [The] Except as otherwise provided in subsection 3, the department shall allow each special fuel supplier or special fuel dealer to retain an amount equal to 2 percent of the amount of the tax collected by the special fuel supplier or special fuel dealer as a fee for making the collection.

      2.  If the special fuel for which the tax was collected by the special fuel supplier is sold to a purchaser who has been issued a permit pursuant to NRS 366.397, the special fuel supplier:

      (a) Is entitled to retain one-half of the fee; and

      (b) Shall distribute one-half of the fee to the purchaser. If the fuel is resold by that purchaser to another purchaser who has been issued a permit pursuant to NRS 366.397, the purchaser who sells the special fuel to the subsequent purchaser shall distribute to that subsequent purchaser one-half of the fee he received from the special fuel supplier.

      3.  A special fuel supplier who fails to submit a tax return pursuant to NRS 366.383 or a special fuel dealer who fails to submit a tax return pursuant to section 4 of this act is not entitled to the fee authorized pursuant to subsection 1 for any month for which a tax return is not filed.

      Sec. 27.  NRS 366.395 is hereby amended to read as follows:

      366.395  1.  Any person who fails to pay any excise tax, except taxes assessed pursuant to the provisions of NRS 366.405, within the time prescribed by this chapter shall pay , in addition to the tax , a penalty of [10 percent of the amount thereof,] :

      (a) If the amount of the tax owed is $50 or more, 10 percent of the amount owed or $50, whichever is greater; or

      (b) If the amount of the tax owed is less than $50, 10 percent of the amount owed, plus interest on the amount of the tax at the rate of 1 percent per month or fraction thereof, from the date the tax became finally due until the date of payment.


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

ê1997 Statutes of Nevada, Page 3402 (Chapter 684, SB 434)ê

 

plus interest on the amount of the tax at the rate of 1 percent per month or fraction thereof, from the date the tax became finally due until the date of payment.

      2.  [Any person who fails to submit a quarterly or monthly tax return as required by the provisions of NRS 366.380 or 366.383, respectively, or a statement as required by NRS 366.387, shall pay a penalty of $50 for each delinquent tax return, in addition to any other penalty provided by the provisions of this chapter.

      3.]  A tax return or statement is considered delinquent when it has not been received by the department by the date the tax return or statement is due, as prescribed by the provisions of this chapter.

      Sec. 28.  NRS 366.405 is hereby amended to read as follows:

      366.405  1.  If the department is not satisfied with the records or statements of, or with the amount of tax paid by, any person pursuant to the provisions of this chapter, or the department does not receive a return from a person who is required to file a return pursuant to this chapter, it may make an additional or estimated assessment of tax due from that person based upon any information available to it. Every additional or estimated assessment bears interest at the rate of [2] 1 percent per month, or fraction thereof, from the date the [additional assessment is imposed] tax became due until it is paid.

      2.  If [any part of a deficiency for which] an additional assessment is imposed , [is found to be caused by negligence or intentional disregard of the provisions of this chapter or the regulations of the department adopted pursuant to those provisions,] a penalty of 10 percent of the amount of the additional assessment must be added thereto. If any part of the deficiency is found to be caused by fraud or an intent to evade the provisions of this chapter or the regulations adopted pursuant to those provisions, a penalty of 25 percent of the amount of the additional assessment must be added thereto.

      3.  The department shall give the person written notice of the additional assessment. The notice may be served personally or by mail in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to the person at his address as it appears in the records of the department. [Except for reports filed pursuant to subsection 3 of NRS 366.140, every] Every notice of additional assessment proposed to be assessed pursuant to the provisions of this chapter must be served within [36 months] 4 years after the claimed erroneous report was filed.

      4.  If a special fuel user , special fuel dealer or special fuel supplier refuses or fails to make available to the department, upon request, such records, reports or other information as determined by the department to be necessary to enable it to determine that the amount of tax paid by the user or supplier is correct, the additional or estimated assessment made pursuant to the provisions of this section is presumed to be correct and the burden is upon the person challenging the assessment to establish that it is erroneous.

      5.  Any person against whom an assessment has been made pursuant to the provisions of this section may petition the department in writing for a redetermination within 30 days after service of the notice. If a petition is not filed with the department within that period, the assessment becomes final.


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

ê1997 Statutes of Nevada, Page 3403 (Chapter 684, SB 434)ê

 

      6.  If a petition for redetermination is filed within 30 days, the department shall reconsider the assessment and send the petitioner, by certified mail, notice of its decision and the reasons therefor. A petitioner aggrieved by the department’s decision may appeal the decision by submitting a written request to the department for a hearing not later than 30 days after notice of the decision was mailed by the department. The department shall schedule an administrative hearing and provide to the petitioner, not less than 10 days before the hearing, notice of the time and place of the hearing. The department may continue the hearing as it deems necessary.

      7.  The order of the department upon a petition becomes final 30 days after service of notice thereof. [If any additional assessment is not paid on or before the date it becomes final, there must be added thereto in addition to any other penalty provided for in this chapter a penalty of 10 percent of the amount of the additional assessment.]

      Sec. 29.  NRS 366.540 is hereby amended to read as follows:

      366.540  1.  The tax provided for by this chapter must be paid by special fuel suppliers , special fuel dealers and special fuel users. A special fuel supplier or special fuel dealer shall pay to the department the excise tax he collects from purchasers of special fuel with the monthly return filed pursuant to NRS 366.383 [.] or section 4 of this act, respectively. The tax paid by a special fuel user must be computed by multiplying the tax rate per gallon provided in this chapter by the [difference between the number of gallons purchased by the special fuel user and] amount that the number of gallons of special fuel consumed by [him] the special fuel user in the propulsion of motor vehicles on the highways of this state [.] exceeds the number of gallons of special fuel purchases by him.

      2.  Except as otherwise provided in subsection 3, in computing the amount of tax on special fuel a special fuel supplier owes to the department, the special fuel supplier may deduct from the amount due pursuant to subsection 1 any amount which is due but has not been paid by a purchaser who is authorized by the department to defer payment of the tax pursuant to NRS 366.397. If such a deduction is claimed, the claim must identify the purchaser and the amount of taxes that he failed to pay.

      3.  A special fuel supplier shall not deduct from the amount he owes the department pursuant to subsection 1 any amount which has not been paid by a person whose permit to defer the payment of the tax has been revoked pursuant to subsection 4 of NRS 366.397 if, before the special fuel was purchased, the special fuel supplier had been notified by the department pursuant to subsection 5 of NRS 366.397 that it had revoked the purchaser’s permit.

      Sec. 30.  NRS 366.550 is hereby amended to read as follows:

      366.550  1.  An applicant for or holder of a special fuel supplier’s or special fuel dealer’s license shall provide a bond executed by him as principal, and by a corporation qualified pursuant to the laws of this state as surety, payable to the State of Nevada, and conditioned upon the faithful performance of all of the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due to the State of Nevada. The total amount of the bond or bonds of any holder of a special fuel supplier’s or special fuel dealer’s license must be fixed by the department at not less than three times the estimated maximum monthly tax, determined in such a manner as the department deems proper, but the amount must not be less than $1,000.


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

ê1997 Statutes of Nevada, Page 3404 (Chapter 684, SB 434)ê

 

fuel supplier’s or special fuel dealer’s license must be fixed by the department at not less than three times the estimated maximum monthly tax, determined in such a manner as the department deems proper, but the amount must not be less than $1,000. If the department determines that a person is habitually delinquent in the payment of amounts due to the department, it may increase the amount of his security to not more than five times the estimated maximum monthly tax. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount required must be rounded off to the next larger integral multiple of $100.

      2.  No recovery on any bond, nor the execution of any new bond, nor the suspension or revocation of any special fuel supplier’s or special fuel dealer’s license affects the validity of any bond.

      3.  In lieu of a bond or bonds , an applicant for or holder of a special fuel supplier’s or special fuel dealer’s license may deposit with the state treasurer, under such terms as the department may prescribe, a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the department.

      4.  If the holder of a special fuel supplier’s or special fuel dealer’s license is required to provide a bond of more than $5,000, the department may reduce the requirements for the bond to not less than $5,000 upon the supplier’s or dealer’s faithful performance of all the requirements of this chapter and the punctual payment of all taxes due the State of Nevada for the 3 preceding calendar years.

      5.  The department shall immediately reinstate the original requirements for a bond for a holder of a special fuel supplier’s or special fuel dealer’s license upon his:

      (a) Lack of faithful performance of the requirements of this chapter; or

      (b) Failure to pay punctually all taxes, fees, penalties and interest due the State of Nevada.

      Sec. 31.  NRS 366.560 is hereby amended to read as follows:

      366.560  Whenever any special fuel user , special fuel dealer or special fuel supplier is delinquent in the payment of any obligation imposed pursuant to this chapter, the department may transmit notice of the delinquency to the attorney general or the district attorney of the proper county, who shall proceed at once, by appropriate legal action, to collect all money due the state from the special fuel user , special fuel dealer or special fuel supplier.

      Sec. 32.  NRS 366.650 is hereby amended to read as follows:

      366.650  1.  If illegally or through error the department collects or receives any excise tax, penalty or interest imposed pursuant to this chapter, the excise tax, penalty or interest must be refunded to the person who paid the tax, penalty or interest. Except as otherwise provided in NRS 360.235, a written application for a refund, stating the specific grounds therefor, must be made within 36 months after the date of payment, whether or not the excise tax, penalty or interest was paid voluntarily or under protest.


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

ê1997 Statutes of Nevada, Page 3405 (Chapter 684, SB 434)ê

 

      2.  Refunds must be made to a successor, assignee, estate or heir of the person if written application is made within the time limit.

      3.  Any amount determined to be refundable by the department must be refunded or credited to any amounts then due from the special fuel supplier [.] or special fuel dealer.

      4.  All amounts refunded pursuant to the provisions of this chapter must be paid from the state highway fund on claims presented by the department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.

      5.  Licensed special fuel users operating interstate who can prove to the satisfaction of the department that their special fuel purchases in Nevada exceed their use over the highways of this state for a certain quarter must apply credit to any excise taxes, penalties or interest required by this chapter or fees, taxes, penalties or interest applicable pursuant to chapter 706 of NRS and any balance may be refunded or credited to succeeding reports.

      6.  A person who wishes to apply for a refund of the tax on special fuel paid by him pursuant to subsection 5 of NRS 366.207 must:

      (a) Submit an application for the refund on a form prescribed by the department; and

      (b) Establish to the satisfaction of the department that within a period of 6 months he purchased not less than 200 gallons of special fuel in this state which was used for a purpose that is exempt from the tax on special fuel pursuant to NRS 366.200.

The department shall refund to an applicant who complies with the provisions of this subsection a refund in an amount equal to the tax paid by that person when he purchased the special fuel.

      Sec. 33.  NRS 366.660 is hereby amended to read as follows:

      366.660  1.  No injunction, writ of mandate or other legal or equitable process [shall] may issue in any suit, action or proceeding in any court against this state or any officer thereof to prevent or enjoin the collection pursuant to this chapter of any excise tax or other amount required to be collected.

      2.  After payment of any such excise tax or other amount under protest, verified and setting forth the grounds of objection to the legality thereof, filed with the department at the time of payment of the tax or other amount protested, the special fuel supplier , special fuel dealer or special fuel user making the payment may bring an action against the state treasurer in the district court in and for Carson City for the recovery of the amount so paid under protest.

      Sec. 34.  NRS 366.715 is hereby amended to read as follows:

      366.715  1.  The department may seal a special fuel pump of a special fuel dealer or the metered pipes and hoses of a rack if [a] the special fuel dealer or special fuel supplier:

      (a) Becomes delinquent in payment of any amount due pursuant to the provisions of this chapter;

      (b) Operates without the license required by the provisions of this chapter; or


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

ê1997 Statutes of Nevada, Page 3406 (Chapter 684, SB 434)ê

 

      (c) Operates without the bond or cash deposit required by the provisions of this chapter.

      2.  [The] A special fuel pump of a special fuel dealer or the metered pipes and hoses of the rack may be sealed until all required reports are filed, the tax, penalties and interest are paid in full, the required license is obtained and the bond or cash deposit is provided.

      3.  Before sealing the fuel pump or metered pipes and hoses of a rack, the department must send a notice by registered or certified mail to the licensed special fuel supplier or special fuel dealer at his last known address ordering him to appear before the department at a time not less than 10 days after the mailing of the notice and show cause why the fuel pump or the metered pipes and hoses of the rack should not be sealed.

      Sec. 35.  NRS 366.720 is hereby amended to read as follows:

      366.720  Any person who:

      1.  Fails or refuses to pay the tax imposed by this chapter;

      2.  Engages in business in this state as a special fuel user , special fuel dealer or special fuel supplier without being the holder of a license to engage in that business;

      3.  Fails to make any of the reports required by this chapter;

      4.  Makes any false statement in any application, report or statement required by this chapter;

      5.  Refuses to permit the department or any authorized agent to examine records as provided by this chapter;

      6.  Fails to keep proper records of quantities of special fuel received, produced, refined, manufactured, compounded, used or delivered in this state as required by this chapter; or

      7.  Makes any false statement in connection with an application for the refund of any money or taxes provided in this chapter,

is guilty of a misdemeanor.

      Sec. 36.  The amendatory provisions of this act do not apply to offenses that are committed before January 1, 1998.

      Sec. 37.  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. 38.  1.  This section becomes effective upon passage and approval.

      2.  For the purpose of adopting the regulations necessary to carry out the provisions of this act, sections 1 to 37, inclusive, of this act become effective upon passage and approval. For all other purposes:

      (a) Sections 1 and 8 of this act become effective on October 1, 1997.

      (b) Sections 2 to 7, inclusive, and 9 to 37, inclusive, of this act become effective on January 1, 1998.

________

 


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ê1997 Statutes of Nevada, Page 3407ê

 

CHAPTER 685, SB 403

Senate Bill No. 403–Senator Rawson

CHAPTER 685

AN ACT relating to taxation; requiring the state treasurer to establish a program for the issuance of allodial titles for certain property; creating the allodial title trust fund; providing that property for which allodial title has been established is entitled to an exemption from execution for certain debts and judgments; authorizing a waiver of the exemption under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  1.  A person who owns and occupies a single-family dwelling, its appurtenances and the land on which it is located, free and clear of all encumbrances, except any unpaid assessment for a public improvement, may apply to the county assessor to establish allodial title to the dwelling, its appurtenances and the land on which it is located. One or more persons who own such a home in any form of joint ownership may apply for the allodial title jointly if the dwelling is occupied by each person included in the application. The application must be made on a form prescribed by the state treasurer. The county assessor may require that the application be accompanied by a nonrefundable processing fee of not more than $25. If collected, the fee must be deposited in the county general fund and used to pay any expenses incurred by the county in carrying out the provisions of sections 2 to 6, inclusive, of this act.

      2.  Upon receipt of an application made pursuant to subsection 1, the county assessor shall transmit the application to the state treasurer. The county assessor shall transmit with the application any additional information required by the state treasurer.

      3.  Upon receipt of an application from a county assessor, the state treasurer shall determine the amount of money that would be required to be paid by the owner of the property to establish allodial title to the property using a tax rate of $5 for each $100 of assessed valuation on the date of the application. The amount must be separately calculated to produce an alternative for payment in a lump sum and an alternative for the payment of installments over a payment period of not more than 10 years. The amounts must be calculated to the best ability of the state treasurer so that the money paid plus the interest or other income earned on that money will be adequate to pay all future tax liability of the property for a period equal to the life expectancy of the youngest titleholder of the property. The state treasurer shall make a written record of the calculations upon which the amount was determined. The record must include an annual projection of the estimated interest and income that will be earned on the money.

      4.  Upon completion of the calculations required by subsection 3, the state treasurer shall notify the requester of the two amounts.


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

ê1997 Statutes of Nevada, Page 3408 (Chapter 685, SB 403)ê

 

      5.  If the homeowner pays the lump sum indicated by the state treasurer pursuant to subsection 4 and submits proof satisfactory to the state treasurer that the home is a single-family dwelling occupied by the homeowner and that the home, its appurtenances and the land on which it is located are owned free and clear of all encumbrances, except any unpaid assessment for a public improvement, the state treasurer shall issue a certificate of allodial title to the homeowner for the home, its appurtenances and the land on which it is located that is described in the deed for that property.

      6.  If the homeowner notifies the state treasurer that the homeowner wishes to enter into an agreement with the State of Nevada to establish allodial title to his residence by installments, the state treasurer shall execute such an agreement on behalf of the State of Nevada. The agreement must include a provision for rescission of the agreement by the homeowner at any time before the last payment is made and a guarantee, upon such a rescission, of a refund of the unused portion of the installment payments. The unused portion of the installment payments must be calculated by:

      (a) Determining the total amount of all installment payments made before the date of the rescission plus the income and interest actually accrued on that money; and

      (b) Subtracting from the amount determined pursuant to paragraph (a) a pro rata share of any expenses incurred by the state treasurer that are directly and indirectly related to the investment of the money in the allodial title trust fund and any costs directly and indirectly related to the administration of the allodial title program during the period for which the installment payments were made.

      7.  The homeowner shall pay the installments directly to the state treasurer and shall continue to pay the current property taxes directly to the county during the period for which the installment payments are made.

      8.  Upon receipt of the last installment payment, which must reflect any increase or decrease in the assessed valuation of the property since the date of the application, and submission of proof satisfactory to the state treasurer that the home is a single-family dwelling occupied by the homeowner and that the home, its appurtenances and the land on which it is located are owned free and clear of all encumbrances, except any unpaid assessment for a public improvement, the state treasurer shall issue a certificate of allodial title to the homeowner for the home, its appurtenances and the land on which it is located that is described in the deed for that property.

      Sec. 3.  1.  Immediately upon the issuance of a certificate of allodial title, the state treasurer shall transmit a copy of the certificate to the county assessor of the county in which the property is located.

      2.  Upon receipt of such a certificate, the county assessor shall make a notation on the tax roll and collect no further taxes from the allodial titleholder for the property, unless the allodial title is relinquished by the homeowner or his heirs.

      3.  The county assessor shall, in lieu of all requirements concerning notification of a taxpayer for the amount due pursuant to this chapter, notify the state treasurer of the annual taxes due based on the date of the certificate of allodial title. The state treasurer shall pay the amounts due for taxes pursuant to this chapter, as those amounts become due, from the trust fund for allodial title.


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

ê1997 Statutes of Nevada, Page 3409 (Chapter 685, SB 403)ê

 

taxes pursuant to this chapter, as those amounts become due, from the trust fund for allodial title.

      4.  If, at the time a payment becomes due, the account for the property upon which the taxes are due does not contain an amount sufficient to make the payment, the state treasurer shall make up the deficiency with money from the allodial title account for stabilization. If the money in the allodial title account for stabilization is not sufficient to make up the deficiency, the state treasurer shall use all money available in the account for the property and the allodial title account for stabilization, if any, to make a partial payment of the amount due. If no money is available in either account, the state treasurer shall notify the county treasurer. Any deficiency in tax proceeds resulting from the partial or nonpayment of taxes pursuant to this section must be borne by each of the entities that would have received the proceeds, including the state, in the same proportion as the tax rate of the entity bears to the total tax rate for the property.

      Sec. 4.  1.  Allodial title established pursuant to section 2 of this act is valid for as long as the homeowner continues to own the residence unless he chooses to relinquish the allodial title pursuant to section 5 of this act. The allodial title may be transferred to the heir of the allodial titleholder upon the death of the last surviving allodial titleholder if:

      (a) Within 60 days after taking possession of the home, the heir applies to the county assessor to reestablish allodial title in the name of the heir or the heir and one or more persons who own the home in any form of joint ownership with the heir and who also occupy the dwelling;

      (b) The heir occupies the home within 3 months after the death of the last surviving allodial titleholder;

      (c)The heir pays any additional amount due for reestablishment of allodial title as calculated by the state treasurer pursuant to subsection 4; and

      (d) The home, its appurtenances and the land on which it is located remains unencumbered, except any unpaid assessment for a public improvement.

      2.  The application to reestablish allodial title must be made on a form prescribed by the state treasurer. The county assessor may require that the application be accompanied by a nonrefundable processing fee of not more than $25. If collected, the fee must be deposited in the county general fund and used to pay any expenses incurred by the county in carrying out the provisions of sections 2 to 6, inclusive, of this act.

      3.  Upon receipt of an application made pursuant to subsection 2, the county assessor shall transmit the application to the state treasurer. The county assessor shall transmit with the application any additional information required by the state treasurer.

      4.  Upon receipt of an application for reestablishment of allodial title from a county assessor, the state treasurer shall determine the amount of money, if any, that would be required to be paid by the heir to reestablish allodial title to the property using a tax rate of $5 for each $100 of assessed valuation applied to the most recent assessment of the property. The amount must be separately calculated to produce an alternative for payment in a lump sum and an alternative for the payment of installments over a payment period of not more than 10 years.


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

ê1997 Statutes of Nevada, Page 3410 (Chapter 685, SB 403)ê

 

period of not more than 10 years. The amounts must be calculated to the best ability of the state treasurer so that the money paid by the heir, if necessary, plus the money paid by all previous allodial titleholders who did not relinquish the allodial title and the interest or other income earned on that money will be adequate to pay all future tax liability of the property for a period equal to the life expectancy of the youngest titleholder of the property. The state treasurer shall make a written record of the calculations upon which the amount was determined. The record must include an annual projection of the estimated interest and income that will be earned on the money.

      5.  Upon completion of the calculations required by subsection 4, the state treasurer shall notify the heir of the two amounts.

      6.  If the heir pays the lump sum indicated by the state treasurer pursuant to subsection 5 and submits proof satisfactory to the state treasurer that the home is still a single-family dwelling occupied by the heir who is the homeowner and that the home, its appurtenances and the land on which it is located are owned free and clear of all encumbrances, except any unpaid assessment for a public improvement, the state treasurer shall issue a certificate of allodial title to the heir for the home, its appurtenances and the land on which it is located that is described in the deed for that property.

      7.  If the heir notifies the state treasurer that he wishes to enter into an agreement with the State of Nevada to reestablish allodial title to his residence by installments, the state treasurer shall execute such an agreement on behalf of the State of Nevada. The agreement must include a provision for rescission of the agreement by the heir at any time before the last payment is made and a guarantee, upon such a rescission, of a refund of the unused portion of the installment payments. The unused portion of the installment payments must be calculated by:

      (a) Determining the total amount of all installment payments made before the date of the rescission and the amount paid by all previous allodial titleholders of the property who did not relinquish the title, plus the income and interest actually accrued on that money; and

      (b) Subtracting from the amount determined pursuant to paragraph (a) a pro rata share of any expenses incurred by the state treasurer that are directly and indirectly related to the investment of the money in the allodial title trust fund and any costs directly and indirectly related to the administration of the allodial title program during the period for which the installment payments were made.

      8.  The heir shall pay the installments directly to the state treasurer and shall pay the current property taxes directly to the county during the period for which the installment payments are made.

      9.  Upon receipt of the last installment payment, which must reflect any increase or decrease in the assessed valuation of the property since the date of the application, and submission of proof satisfactory to the state treasurer that the home is still a single-family dwelling occupied by the heir who is the homeowner and that the home, its appurtenances and the land on which it is located are owned free and clear of all encumbrances, except any unpaid assessment for a public improvement, the state treasurer shall issue a certificate of allodial title to the heir for the home, its appurtenances and the land on which it is located that is described in the deed for that property.


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ê1997 Statutes of Nevada, Page 3411 (Chapter 685, SB 403)ê

 

certificate of allodial title to the heir for the home, its appurtenances and the land on which it is located that is described in the deed for that property.

      Sec. 5.  1.  A homeowner or heir who has inherited the property may relinquish the allodial title to the home at any time and shall relinquish such title:

      (a) Upon the sale, lease or other transfer of the property during the lifetime of the last surviving allodial titleholder of the property;

      (b) Within 150 days after the date on which the last surviving allodial titleholder no longer occupies the dwelling if an heir has not submitted an application for reestablishment of allodial title pursuant to section 4 of this act; or

      (c) At the time the home is converted to anything other than a single-family dwelling occupied by the owner.

      2.  If the last surviving allodial titleholder, all allodial titleholders of the residence or all heirs are required by subsection 1 or choose to relinquish the allodial title, the state treasurer must be notified in a written document that is signed by each allodial titleholder or heir and notarized.

      3.  Upon receipt of a notice to relinquish allodial title, the state treasurer shall prepare a refund of the unused portion of the money in the allodial title trust fund that is attributable to the title being relinquished, if any, as required by subsection 4. The unused portion must be calculated by:

      (a) Determining the total amount paid by the allodial titleholder into the allodial title trust fund plus the income and interest actually accrued on that money; and

      (b) Subtracting from the amount determined pursuant to paragraph (a):

             (1) The amount which was paid out for taxes from the allodial title trust fund on behalf of the property during the period for which the allodial title was held;

             (2) A pro rata share of any expenses incurred by the state treasurer that are directly and indirectly related to the investment of the money in the allodial title trust fund and any costs directly and indirectly related to the administration of the allodial title program during the period for which the allodial title was held; and

             (3) Any money removed from the account for the property pursuant to subsection 3 of section 6 of this act.

      4.  If the result of the calculations made pursuant to subsection 3:

      (a) Is less than $25, the amount must be credited to the allodial title account for stabilization.

      (b) Is at least $25, but less than $50, $25 must be refunded to the allodial titleholders or heirs and the remaining amount must be credited to the allodial title account for stabilization.

      (c) Is at least $50, $25 must be credited to the allodial title account for stabilization and the remaining amount must be refunded to the allodial titleholders or heirs.

The state treasurer is required to prepare only one refund pursuant to this subsection.

      5.  Immediately upon the acceptance of a notice to relinquish allodial title, the state treasurer shall transmit a copy of the notice to the county assessor of the county in which the property is located. Upon receipt of such a notice, the county assessor shall make a notation on the tax roll and proceed to collect all future taxes directly from the homeowner.


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ê1997 Statutes of Nevada, Page 3412 (Chapter 685, SB 403)ê

 

a notice, the county assessor shall make a notation on the tax roll and proceed to collect all future taxes directly from the homeowner.

      6.  Allodial title may not be relinquished by less than all of the allodial titleholders or heirs of the residence. Application may be made to the county treasurer to delete or add a person as an additional allodial titleholder. The application must be made on a form prescribed by the state treasurer. The county assessor may require that the application be accompanied by a nonrefundable processing fee of not more than $10. If collected, the fee must be deposited in the county general fund and used to pay any expenses incurred by the county in carrying out the provisions of sections 2 to 6, inclusive, of this act. The county treasurer shall grant the application if the application is signed by all allodial titleholders of the residence, including the person to be deleted or added.

      Sec. 6.  1.  The allodial title trust fund is hereby created. The state treasurer shall administer the fund. The interest and income earned on the money in the trust fund must be credited to the fund. The state treasurer shall expend the money in the trust fund to make the payments of property tax on behalf of the residential properties for which allodial title has been established and not relinquished and for no other purposes except that not more than 2 percent of the money in the fund may be used as necessary to pay expenses of the state treasurer that are directly related to the cost to invest the money in the fund and to administer the program. The state treasurer shall not make any payment from the money in the trust fund more than 5 business days before the day on which the payment becomes due.

      2.  The state treasurer shall invest the money in the trust fund in obligations which would be legal investments for the state pursuant to NRS 355.140.

      3.  The state treasurer shall maintain a separate account in the trust fund for each allodial title and an allodial title account for stabilization. Any interest or other income earned on the money in an account that exceeds the projection of estimated interest and income made pursuant to subsection 3 of section 2 of this act for the fiscal year must be transferred to the allodial title account for stabilization as soon as practicable after June 30 of that year.

      4.  The state treasurer shall adopt such regulations as are necessary to carry out the provisions of this section and sections 2 to 5, inclusive, of this act to ensure that the allodial title trust fund is efficiently and securely maintained.

      Sec. 7.  NRS 21.075 is hereby amended to read as follows:

      21.075  1.  Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 


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ê1997 Statutes of Nevada, Page 3413 (Chapter 685, SB 403)ê

 

NOTICE OF EXECUTION

 

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 

       A court has determined that you owe money to ....................(name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.

       Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

       1.  Payments received under the Social Security Act.

       2.  Payments for benefits or the return of contributions under the public employees’ retirement system.

       3.  Payments for public assistance granted through the welfare division of the department of human resources.

       4.  Proceeds from a policy of life insurance.

       5.  Payments of benefits under a program of industrial insurance.

       6.  Payments received as unemployment compensation.

       7.  Veteran’s benefits.

       8.  A homestead in a dwelling or a mobile home, not to exceed $125,000, unless [the] :

       (a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

       (b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

       9.  A vehicle, if your equity in the vehicle is less than $4,500.

       10.  Seventy-five percent of the take-home pay for any pay period, unless the weekly take-home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

       11.  Money, not to exceed $500,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).

       12.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the state.

       13.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.


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ê1997 Statutes of Nevada, Page 3414 (Chapter 685, SB 403)ê

 

       14.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

       15.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through ....................(name of organization in county providing legal services to indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

       If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.

 

       IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

      Sec. 8.  NRS 21.090 is hereby amended to read as follows:

      21.090  1.  The following property is exempt from execution, except as otherwise specifically provided in this section:

      (a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.

      (b) Necessary household goods, as defined in 16 C.F.R. § 444.1(i) as that section existed on January 1, 1987, and yard equipment, not to exceed $3,000 in value, belonging to the judgment debtor to be selected by him.

      (c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.

      (d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.


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ê1997 Statutes of Nevada, Page 3415 (Chapter 685, SB 403)ê

 

      (e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.

      (f) Except as otherwise provided in paragraph (o), one vehicle if the judgment debtor’s equity does not exceed $4,500 or the creditor is paid an amount equal to any excess above that equity.

      (g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during that period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (n), (r) and (s), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, “disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.

      (h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.

      (i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

      (j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.

      (k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000. If the premium exceeds that amount, a similar exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.

      (l) The homestead as provided for by law [.] , including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.

      (m) The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed $125,000 in value and the dwelling is situate upon lands not owned by him.


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ê1997 Statutes of Nevada, Page 3416 (Chapter 685, SB 403)ê

 

      (n) All property in this state of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan.

      (o) Any vehicle owned by the judgment debtor for use by him or his dependent that is equipped or modified to provide mobility for a person with a permanent disability.

      (p) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.

      (q) Money, not to exceed $500,000 in present value, held in:

             (1) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

             (2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

             (3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code; and

             (4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).

      (r) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the state.

      (s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      2.  [No] Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

      3.  Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 (92 Stat. 2586) do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2, of this section.

      Sec. 9.  NRS 31.045 is hereby amended to read as follows:

      31.045  1.  Execution on the writ of attachment by attaching property of the defendant may occur only if:

      (a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or

      (b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.

If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 


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ê1997 Statutes of Nevada, Page 3417 (Chapter 685, SB 403)ê

 

NOTICE OF EXECUTION

 

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 

       Plaintiff, .................... (name of person), alleges that you owe him money. He has begun the procedure to collect that money. To secure satisfaction of judgment the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.

       Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

       1.  Payments received under the Social Security Act.

       2.  Payments for benefits or the return of contributions under the public employees’ retirement system.

       3.  Payments for public assistance granted through the welfare division of the department of human resources.

       4.  Proceeds from a policy of life insurance.

       5.  Payments of benefits under a program of industrial insurance.

       6.  Payments received as unemployment compensation.

       7.  Veteran’s benefits.

       8.  A homestead in a dwelling or a mobile home, not to exceed $125,000, unless [the] :

       (a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

       (b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

       9.  A vehicle, if your equity in the vehicle is less than $4,500.

       10.  Seventy-five percent of the take-home pay for any pay period, unless the weekly take-home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

       11.  Money, not to exceed $500,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).

       12.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the state.

       13.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.


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ê1997 Statutes of Nevada, Page 3418 (Chapter 685, SB 403)ê

 

       14.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

       15.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to the indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

       If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The hearing must be held within 10 days after the motion for a hearing is filed.

 

       IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

 

       If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.

 

       IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.


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ê1997 Statutes of Nevada, Page 3419 (Chapter 685, SB 403)ê

 

      Sec. 10.  NRS 115.010 is hereby amended to read as follows:

      115.010  1.  The homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2 [and 3.] , 3 and 5.

      2.  The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed $125,000 in value [.

      3.  The] , unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.

      3.  Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:

      (a) Any mortgage or deed of trust thereon executed and given; or

      (b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

by both husband and wife, when that relation exists.

      4.  If allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce the payment of obligations contracted for the purchase of the property, and for improvements made thereon, including any mechanic’s lien lawfully obtained, and for legal taxes levied by a state or local government, and for:

      (a) Any mortgage or deed of trust thereon; and

      (b) Any lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property.

      5.  Establishment of allodial title does not exempt the property from forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, or 207.350 to 207.520, inclusive.

      6.  Any declaration of homestead which has been filed before October 1, 1995, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before October 1, 1995.

      Sec. 11.  The provisions of this act do not affect contracts executed before July 1, 1998.

      Sec. 12.  This act becomes effective:

      1.  Upon passage and approval for purposes of the adoption of regulations and any other preparatory administrative tasks that are necessary to ensure the effective and efficient implementation of the allodial title program; and

 


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ê1997 Statutes of Nevada, Page 3420 (Chapter 685, SB 403)ê

 

to ensure the effective and efficient implementation of the allodial title program; and

      2.  On July 1, 1998, for all other purposes.

________

 

CHAPTER 686, SB 447

Senate Bill No. 447–Committee on Government Affairs

CHAPTER 686

AN ACT relating to elections; clarifying the application of Title 24 of NRS to city elections; requiring city clerks to appoint and train election board officers; requiring city clerks to maintain special polling places; requiring city clerks to extend the period for voting under certain circumstances; requiring city clerks to create a computer program and processing accuracy board; authorizing city clerks to create other election boards to assist in the processing of ballots; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  Title 24 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 92, inclusive, of this act.

      Sec. 2.  The provisions of this chapter apply only to city elections.

      Sec. 3.  1.  A primary city election must be held in each city of the first class, and in each city of the second class that has so provided by ordinance, on the first Tuesday after the first Monday in May of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be voted for at the next general city election.

      2.  A candidate for any office to be voted for at the primary city election must file a declaration of candidacy with the city clerk not less than 30 days nor more than 40 days before the date of the primary city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.

      3.  All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.

      4.  If, in a primary city election held in a city of the first or second class, one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, his name alone must be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.


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

ê1997 Statutes of Nevada, Page 3421 (Chapter 686, SB 447)ê

 

      Sec. 4.  1.  A general city election must be held in each city of the first and second classes on the first Tuesday after the first Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter as determined by law, ordinance or resolution, at which time there must be elected the elective city officers, the offices of which are required next to be filled by election. All candidates, except as otherwise provided in NRS 266.220, at the general city election must be voted upon by the electors of the city at large.

      2.  The terms of office of city councilmen are 4 years, which terms must be staggered. The councilmen elected to office immediately after incorporation shall decide, by lot, among themselves which of their offices expire at the next general city election, and thereafter the terms of office must be 4 years.

      Sec. 5.  1.  A general city election must be held in each city of the third class on the first Tuesday after the first Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter, as determined by ordinance.

      2.  There must be one mayor and three or five councilmen, as the city council shall provide, by ordinance, for each city of the third class. The terms of office of the mayor and the councilmen are 4 years, which terms must be staggered. The mayor and councilmen elected to office immediately after incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years. If a city council thereafter increases the number of councilmen, it shall, by lot, stagger the initial terms of the additional members.

      3.  A candidate for any office to be voted for at the general city election must file a declaration of candidacy with the city clerk not less than 30 days nor more than 40 days before the day of the general city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance.

      4.  Candidates for mayor must be voted upon by the electors of the city at large. Candidates for councilmen must be voted upon by the electors of their respective wards to represent the wards in which they reside or by the electors of the city at large in accordance with the provisions of chapter 266 of NRS.

      Sec. 6.  1.  If at 5 p.m. on the last day for filing a declaration of candidacy, there is only one candidate who has filed for nomination for an office, that candidate must be declared elected and no election may be held for that office.

      2.  Except as otherwise provided in subsection 1, if not more than twice the number of candidates to be elected have filed for nomination for an office, the names of those candidates must be omitted from all ballots for a primary city election and placed on all ballots for a general city election.

      3.  If more than twice the number of candidates to be elected have filed for nomination for an office, the names of the candidates must appear on the ballot for a primary city election. Except as otherwise provided in subsection 4 of section 3 of this act, those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.


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ê1997 Statutes of Nevada, Page 3422 (Chapter 686, SB 447)ê

 

highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.

      Sec. 7.  1.  Except as otherwise provided in section 8 of this act, a name may not be printed on a ballot to be used at a primary city election, unless the person named has filed a declaration of candidacy or an acceptance of candidacy and paid the fee established by the governing body of the city not earlier than 40 days before the primary city election and not later than 5 p.m. on the 30th day before the primary city election.

      2.  A declaration of candidacy required to be filed by this section must be in substantially the following form:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada....... }

                                     }ss.

City of........................ }

 

For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm that I reside at No. ........, ........ Street, in the City or Town of ................, County of .................., State of Nevada; that my actual residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that if nominated as a candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; and that I will qualify for the office if elected thereto; and my name will appear on all ballots as designated in this declaration.

 

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

                                                                                                    (Designation of name)

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

                                                                                          (Signature of candidate for office)

 

Subscribed and sworn to before

me this ..... day of ........, 19...

 

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

  Notary Public or other person

authorized to administer an oath

 

      3.  A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate’s name. The nickname must be in quotation marks and appear immediately before the candidate’s surname. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter concerning the person or principles for which he is voting.


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ê1997 Statutes of Nevada, Page 3423 (Chapter 686, SB 447)ê

 

social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter concerning the person or principles for which he is voting.

      4.  The address of a candidate that must be included in the declaration or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually resides, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidate’s address is listed as a post office box unless a street address has not been assigned to his residence.

      Sec. 8.  1.  A vacancy occurring in a nomination for a city office after the close of filing and before the first Tuesday after the first Monday in May in a year in which a general city election is held must be filled by filing a nominating petition that is signed by at least 1 percent of the persons who are registered to vote and who voted for that office at the last preceding general city election. The petition must be filed not earlier than 30 days before the date of the primary city election and not later than the third Tuesday after the third Monday in May. A candidate nominated pursuant to the provisions of this subsection may be elected only at a general city election and his name must not appear on the ballot for a primary city election.

      2.  A vacancy occurring in a nomination for a city office after a primary city election and before the second Tuesday after the second Monday in May must be filled by the person who received the next highest vote for the nomination in the primary city election.

      3.  Except to place a candidate nominated pursuant to subsection 1 on the ballot, no change may be made on the ballot after the second Tuesday after the second Monday in May of the year in which the general city election is held. If a nominee dies after that date, his name must remain on the ballot and, if elected, a vacancy exists.

      4.  All designations provided for in this section must be filed before 5 p.m. on the second Tuesday after the second Monday in May of the year in which the general city election is held. The filing fee must be paid and an acceptance of the designation must be filed before 5 p.m. on that date.

      Sec. 9.  A withdrawal of candidacy for a city office must be in writing and presented to the city clerk by the candidate in person within 2 days after the last day for filing a declaration of candidacy or an acceptance of candidacy.

      Sec. 10.  1.  In addition to any other requirement provided by law, no person may be a candidate for a city office unless, for at least 30 days before the close of filing of declarations or acceptances of candidacy for the office that he seeks, he has been a legal resident of the city or other area prescribed by law to which the office pertains and, if elected, over which he will have jurisdiction or which he will represent.

      2.  Any person who knowingly and willfully files a declaration of candidacy or an acceptance of candidacy that contains a false statement in this respect is guilty of a gross misdemeanor.


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ê1997 Statutes of Nevada, Page 3424 (Chapter 686, SB 447)ê

 

      3.  Any person convicted pursuant to the provisions of this section is disqualified from entering upon the duties of the office for which he was a candidate.

      Sec. 11.  1.  The conduct of any city election is under the control of the governing body of the city, and it shall, by ordinance, provide for the holding of the election, appoint the necessary election officers and election boards, and do all other things required to carry the election into effect.

      2.  Early voting is not allowed in a city election.

      Sec. 12.  The city clerk shall appoint and notify registered voters to act as election board officers for the various precincts and districts in the city as provided in NRS 293.220 to 293.227, inclusive, and sections 14 to 18, inclusive, and section 66 of this act, and shall conclude those duties not later than 31 days before the election. No candidate for nomination or election or his relative within the second degree of consanguinity or affinity may be appointed as an election board officer. Immediately after election board officers are appointed, if requested by the city clerk, the chief law enforcement officer of the city shall:

      1.  Appoint an officer for each polling place in the city and for the central election board or the absent ballot central counting board; or

      2.  Deputize, as an officer for the election, an election board officer for each polling place and for the central election board or the absent ballot central counting board. The deputized officer may not receive any additional compensation for the services he provides as an officer during the election for which he is deputized.

Officers so appointed and deputized shall preserve order during hours of voting and attend the closing of the polls.

      Sec. 13.  The city clerk may provide, by rule or regulation, for the:

      1.  Recommendation, by the persons selected as chairmen of election boards, of suitable persons to serve as members of election boards; and

      2.  Recommendation, by the chairmen, of suitable persons to serve in the case of vacancies.

      Sec. 14.  1.  In precincts or districts in a city where there are less than 200 registered voters and paper ballots are used, the election board shall perform all duties required from the time of preparing for the opening of the polls through delivering the supplies and result of votes cast to the city clerk.

      2.  Except as otherwise provided in section 16 of this act, one election board must be appointed by the city clerk for all mailing precincts within the city and must be designated the central election board. The city clerk shall deliver the mailed ballots to that board in his office and the board shall count the votes on those ballots in the manner required by law.

      Sec. 15.  In each precinct or district in a city where there are 200 or more registered voters and paper ballots are used, the city clerk shall appoint two election boards and designate one the voting board and the other the counting board. The officers of the counting board shall count the votes and make the record of the votes. The voting board shall account for the records at the time the polls are closed and deliver to the counting board the ballot box containing the voted ballots and all other books and supplies in its possession. Upon receipt of the ballot box, books and supplies, the counting board shall perform its duties.


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ê1997 Statutes of Nevada, Page 3425 (Chapter 686, SB 447)ê

 

board shall perform its duties. The time of service for the counting board must be from the closing of the polls through the returning of the supplies and the result of votes cast to the city clerk.

      Sec. 16.  1.  When it appears to the satisfaction of the city clerk that an absent ballot central counting board will expedite the work of tallying the absent ballot vote of the city, he may appoint such a board. If the city is located in a county that uses a computer to maintain records of registered voters, the county clerk shall appoint the board.

      2.  In a city where an absent ballot central counting board has been appointed, no central election board may be appointed. The absent ballot central counting board shall perform the duties of the central election board.

      Sec. 17.  1.  An absent ballot central counting board consists of election board officers appointed in such numbers as the city clerk determines to be required by the volume of absent ballots requested.

      2.  The city clerk’s deputies who perform duties in connection with elections shall be deemed officers of the absent ballot central counting board.

      3.  When requested by the city clerk, the chief law enforcement officer of the city shall appoint an officer to keep order during the counting of the absent ballot votes by the absent ballot central counting board.

      4.  The absent ballot central counting board is under the direction of the city clerk.

      Sec. 18.  When the city clerk determines it necessary to cause any precincts in the city to be designated absent ballot mailing precincts, the precinct’s ballots must be placed by the central election board or the absent ballot central counting board in the proper absent ballot mailing precinct ballot box.

      Sec. 19.  In any election regulated by this chapter, the names of candidates as printed on the ballot must not include any title, designation or other reference that indicates the profession or occupation of the candidates.

      Sec. 20.  For a primary city election there must appear at the top of each ballot the designation “Candidates for city offices.” Following this designation must appear the names of candidates grouped alphabetically under the title and length of term of the office for which those candidates filed.

      Sec. 21.  1.  Except as otherwise provided in section 4 of this act, ballots for a general city election must contain the names of candidates who were nominated at the primary city election.

      2.  The names of candidates must be grouped alphabetically under the title and length of term of the office for which those candidates filed.

      Sec. 22.  1.  The offices for which there are candidates, the names of the candidates therefor and the questions to be voted upon must be printed on ballots for a city election in the following order:

      (a) City offices:

             (1) Mayor;

             (2) Councilmen according to ward in numerical order, if no wards, in alphabetical order; and

             (3) Municipal judges.

      (b) Questions presented to the voters of a city or a portion of a city.


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ê1997 Statutes of Nevada, Page 3426 (Chapter 686, SB 447)ê

 

      2.  The city clerk may divide paper ballots into two sheets in a manner that provides a clear understanding and grouping of all measures and candidates.

      Sec. 23.  1.  Except as otherwise provided in subsection 2, a person who registered to vote pursuant to the provisions of NRS 293.5235, shall, for the first city election in which he votes at which that registration is valid, vote in person unless he has previously voted in the county in which he is registered to vote.

      2.  The provisions of subsection 1 do not apply to a person who:

      (a) Is entitled to vote in the manner prescribed in sections 53 to 57, inclusive, of this act;

      (b) Is entitled to vote an absent ballot pursuant to federal law or section 43 of this act;

      (c) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; or

      (d) Requests an absent ballot in person at the office of the city clerk.

      Sec. 24.  1.  Except as otherwise provided in subsection 2 and section 36 of this act, at all elections held pursuant to the provisions of this chapter, the polls must open at 7 a.m. and close at 7 p.m.

      2.  Whenever at any election all the votes of the precinct or district, as shown on the checklist and roster, have been cast, the election board officers shall close the polls and the counting of votes must begin and continue without unnecessary delay until the count is completed.

      3.  Upon opening the polls, one of the election board officers shall cause a proclamation to be made so that all present may be aware of the fact that applications of registered voters to vote will be received.

      4.  No person other than election board officers engaged in receiving, preparing or depositing ballots may be permitted inside the guardrail during the time the polls are open, except by authority of the election board as necessary to keep order and carry out the provisions of this chapter.

      Sec. 25.  1.  If a person’s name appears in the election board register or if he provides an affirmation pursuant to section 71 of this act, he is entitled to vote and must sign his name in the election board register when he applies to vote. His signature must be compared by an election board officer with the signature or a facsimile thereof on his original application to register to vote or one of the forms of identification listed in subsection 2.

      2.  The forms of identification that may be used to identify a voter at the polling place are:

      (a) The card issued to the voter at the time he registered to vote;

      (b) A driver’s license;

      (c) An identification card issued by the department of motor vehicles and public safety;

      (d) A military identification card; or

      (e) Any other form of identification issued by a governmental agency that contains the voter’s signature and physical description or picture.

      Sec. 26.  Any registered voter who is unable to sign his name must be identified by answering questions covering the personal data that is reported on the original application to register to vote. The officer in charge of the roster shall stamp, write or print “Identified as” to the left of the voter’s name.


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ê1997 Statutes of Nevada, Page 3427 (Chapter 686, SB 447)ê

 

roster shall stamp, write or print “Identified as” to the left of the voter’s name.

      Sec. 27.  1.  A registered voter who applies to vote must state his name to the election board officer in charge of the election board register, and the officer shall immediately announce the name and take the registered voter’s signature. After a registered voter is properly identified at a polling place where paper ballots are used, one ballot correctly folded, must be given to the voter and the number of the ballot must be written by an election board officer upon the pollbook, opposite the name of the registered voter receiving the ballot.

      2.  In pollbooks in which the names of the voters have been entered, election officers may indicate the application to vote without writing the name.

      Sec. 28.  1.  A registered voter who applies to vote at an election must give his name to the election board officer in charge of the election board register, and the officer shall immediately announce the name of the voter.

      2.  Any person’s right to vote may be challenged by a registered voter upon any of the grounds allowed for a challenge in section 34 of this act. Any such challenge must be disposed of in the manner provided in section 34 of this act.

      Sec. 29.  Where paper ballots are used for voting:

      1.  Except as otherwise provided in subsection 2, the voter shall mark his ballot in no other manner than by stamping a cross (X) in the square following the name of each candidate for whom he intends to vote for each office.

      2.  If a question is submitted to the registered voters, the cross must be placed in the square following the answer that the voter chooses to give.

      3.  Before leaving the booth, the voter shall fold his ballot in such a manner that the number of the ballot appears on the outside, without exposing how he voted, and shall keep it so folded until he has delivered it to the officer from whom he received it, who shall announce the number of the ballot in an audible voice.

      4.  The election board officer who is in charge of the pollbook shall repeat the number and mark in the column opposite the number the word “Voted” or a character indicating the word “Voted.”

      5.  The election board officer who receives the voted ballot shall separate from the ballot the strip bearing the number and shall deposit the ballot in the ballot box in the presence of the voter.

      6.  No ballot may be deposited in the ballot box until the slip containing the number of the ballot has been removed from the ballot by the election board officer. The strip bearing the number must be retained by the election board officer.

      Sec. 30.  1.  Any registered voter who, because of a physical disability or an inability to read or write English, is unable to mark a ballot or use any voting device without assistance is entitled to assistance from a consenting person of his own choice, except:

      (a) The voter’s employer or his agent; or

      (b) An officer or agent of the voter’s labor organization.


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ê1997 Statutes of Nevada, Page 3428 (Chapter 686, SB 447)ê

 

      2.  A person providing assistance to a disabled voter in casting his vote shall not disclose any information with respect to the casting of that ballot.

      3.  The right to assistance in casting a ballot may not be denied or impaired when the need for assistance is apparent or is known to the election board or any member thereof, but the election board may require a registered voter to sign a statement that he requires assistance in casting his vote because of a physical disability or an inability to read or write English when the need for assistance is not apparent or no member of the election board has knowledge thereof. The statement must be executed under penalty of perjury.

      Sec. 31.  1.  Except as otherwise provided in subsection 2:

      (a) Any voter who spoils his ballot may return the spoiled ballot to the election board and receive another in its place.

      (b) The election board officers shall indicate in the pollbook that the ballot is spoiled and shall enter the number of the ballot issued in its place.

      (c) Each spoiled ballot returned must be canceled by writing the word “Canceled” across the back of the ballot. A spoiled paper ballot must be canceled without unfolding it.

      (d) A record must be made of those canceled ballots at the closing of the polls and before counting. The ballots must be placed in a separate envelope and returned to the city clerk with the election supplies.

      2.  If ballots that are voted on a mechanical recording device which directly records the votes electronically are used, the voter must be able to change his vote before the mechanical recording device permanently records that vote.

      Sec. 32.  Except as otherwise provided in subsection 2 of section 31 of this act, a voter who does not vote the ballot delivered to him shall, before leaving the polling place, return that ballot to the election board and it must be canceled in the same manner as a spoiled ballot.

      Sec. 33.  1.  The city clerk shall require an election board officer to post an alphabetical listing of all registered voters for each precinct in a public area of each polling place in the city. Except as otherwise provided in NRS 293.558, the alphabetical listing must include the name and address of each voter. Not less than four times during the hours in which the polling place is open, an election board officer shall identify the name of each voter who voted since the last identification.

      2.  Each page of the alphabetical listing must contain a notice which reads substantially as follows:

 

       It is unlawful for any person to remove, tear, mark or otherwise deface this alphabetical listing of registered voters except an election board officer acting pursuant to section 33 of this act.

 

      3.  Any person who removes, tears, marks or otherwise defaces an alphabetical listing posted pursuant to this section with the intent to falsify or prevent others from readily ascertaining the name or address of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.


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ê1997 Statutes of Nevada, Page 3429 (Chapter 686, SB 447)ê

 

      Sec. 34.  1.  A person applying to vote may be challenged:

      (a) Orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed or has voted before at the same election; or

      (b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.

      2.  If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:

      (a) If the challenge is on the ground that he does not reside at the residence whose address is listed in the election board register, “I swear or affirm that I reside at the residence whose address is listed in the election board register”;

      (b) If the challenge is on the ground that he previously voted a ballot for the election, “I swear or affirm that I have not voted for any of the candidates or questions included on this ballot for this election”; or

      (c) If the challenge is on the ground that he is not the person he claims to be, “I swear or affirm that I am the person whose name is in this election board register.”

The oath or affirmation must be set forth on a form prepared by the secretary of state and signed by the challenged person under penalty of perjury.

      3.  If the challenged person refuses to execute the oath or affirmation so tendered, he must not be issued a ballot, and the officer in charge of the election board register shall write the words “Challenged ................” opposite his name in the election board register.

      4.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) of subsection 2, the election board officers shall inform him that he is entitled to vote only in the manner prescribed in section 35 of this act.

      5.  If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (c) of subsection 2, the election board officers shall issue him a ballot.

      6.  If the challenge is based on the ground set forth in paragraph (a) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he furnishes satisfactory identification that contains proof of the address at which he actually resides.

      7.  If the challenge is based on the ground set forth in paragraph (c) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless he:

      (a) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; or

      (b) Brings before the election board officers a person who is at least 18 years old who:

             (1) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; and

             (2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he swears he is.


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ê1997 Statutes of Nevada, Page 3430 (Chapter 686, SB 447)ê

 

      8.  The election board officers shall record the result of the challenge on the challenge list, and the election board officer in charge of the checklist shall indicate next to the name of the challenged person the result of the challenge.

      Sec. 35.  1.  If a person is successfully challenged on the ground set forth in paragraph (a) of subsection 2 of section 34 of this act or if a person refuses to provide an affirmation pursuant to section 71 of this act, the election board shall instruct the voter that he may vote only at the special polling place in the manner set forth in this section.

      2.  The city clerk shall maintain a special polling place in his office and at such other locations as he deems necessary during each election. The ballots voted at the special polling place must be kept separate from the ballots of voters who have not been so challenged or who have provided an affirmation pursuant to section 71 of this act in:

      (a) A special ballot box if the ballots are paper ballots or ballots that are voted by punching a card; or

      (b) A special sealed container if the ballots are ballots that are voted on a mechanical recording device which directly records the votes electronically.

      3.  A person who votes at a special polling place may place his vote only for the following offices and questions:

      (a) All officers for whom all voters in the city may vote; and

      (b) Questions that have been submitted to all voters of the city.

      4.  The ballots voted at the special polling place must be counted when other ballots are counted and:

      (a) If the ballots are paper ballots or ballots that are voted by punching a card, maintained in a separate ballot box; or

      (b) If the ballots are ballots that are voted on a mechanical recording device that directly records the votes electronically, maintained in a separate sealed container,

until any contest of election is resolved or the date for filing a contest of election has passed, whichever is later.

      Sec. 36.  1.  If at the hour of closing the polls there are any registered voters waiting to vote, the doors of the polling place must be closed after all those voters have been admitted to the polling place. Voting must continue until those voters have voted.

      2.  The officer appointed by the chief law enforcement officer of the city shall allow other persons to enter the polling place after the doors have been closed to observe or for any other lawful purpose if there is room within the polling place and their admittance will not interfere with the voting.

      Sec. 37.  After the last person entitled to vote has voted, the voting board shall, before adjourning, put the records and the account of ballots in order for the counting board.

      Sec. 38.  1.  The city clerk shall prepare an absent ballot for the use of registered voters who have requested absent ballots.

      2.  The ballot must be prepared and ready for distribution to a registered voter who resides within or outside this state, not later than 20 days before the election in which it will be used.

      3.  Any legal action that would prevent the ballot from being issued pursuant to subsection 2 is moot and of no effect.


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ê1997 Statutes of Nevada, Page 3431 (Chapter 686, SB 447)ê

 

      Sec. 39.  1.  Except as otherwise provided in section 48 of this act, a registered voter who requests and receives an absent voter’s ballot may vote only by absent ballot at the election for which the absent ballot was issued.

      2.  If a registered voter has requested an absent ballot and the ballot has been mailed or issued, the city clerk shall notify the precinct or district election board that the registered voter has requested an absent ballot.

      Sec. 40.  1.  Except as otherwise provided in section 23 of this act and NRS 293.502, a registered voter who provides sufficient written notice to the city clerk, may vote an absent ballot as provided in this chapter.

      2.  A registered voter who:

      (a) Is at least 65 years old; or

      (b) Has a physical disability or condition that substantially impairs his ability to go to the polling place,

may request an absent ballot for all elections held during the year he requests an absent ballot. The registered voter must include in his request a description of his physical disability or condition.

      3.  As used in this section, “sufficient written notice” means a:

      (a) Written request for an absent ballot that is signed by the registered voter and returned to the city clerk in person or by mail;

      (b) Form prescribed by the secretary of state that is completed and signed by the registered voter and returned to the city clerk in person or by mail; or

      (c) Form provided by the Federal Government.

      4.  A city clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for the primary city election and the general city election unless otherwise specified in the request.

      5.  It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates any provision of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 41.  1.  A registered voter referred to in section 40 of this act may, at any time before 5 p.m. on the Tuesday preceding any election, make an application to the city clerk for an absent voter’s ballot. The application must be made available for public inspection.

      2.  When the voter has identified himself to the satisfaction of the city clerk, he is entitled to receive the appropriate ballot or ballots, but only for his own use.

      3.  A city clerk who allows a person to copy information from an application for an absent ballot is immune from any civil or criminal liability for any damage caused by the distribution of that information, unless he knowingly and willingly allows a person who intends to use the information to further an unlawful act to copy the information.

      Sec. 42.  1.  Any registered voter of this state who resides outside the continental United States may use a facsimile machine to request an absent ballot.

      2.  The city clerk shall use a facsimile machine to send an absent ballot to the registered voter.


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

ê1997 Statutes of Nevada, Page 3432 (Chapter 686, SB 447)ê

 

      3.  The registered voter shall mail his absent ballot to the city clerk.

      4.  The secretary of state shall adopt regulations to carry out the provisions of this section.

      5.  As used in this section, “facsimile machine” means a device that sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.

      Sec. 43.  1.  Any registered voter unable to go to the polls because of illness or disability resulting in his confinement in a hospital, sanatorium, dwelling or nursing home may request in a written statement, signed by him, that the city clerk send him an absent ballot. The city clerk shall deliver the ballot, at the office of the city clerk, to any authorized representative of the voter possessing a written statement signed by the voter stating that he is confined to a dwelling or is a patient in a hospital, sanatorium or nursing home and that he will be confined therein on election day. If any registered voter is suddenly hospitalized or becomes seriously ill or is called away from home after the time has elapsed for requesting an absent ballot as provided in section 41 of this act and is unable to vote at the polling place, he may apply to the city clerk for an absent ballot at any time before 5 p.m. on the day of the election. The city clerk shall issue an absent ballot upon satisfactory proof of the emergency.

      2.  After marking his ballot the voter must place it in the identification envelope. The voter must affix his signature on the back of the envelope and return it to the office of the city clerk.

      3.  A request for a ballot pursuant to this section must be made, and the ballot delivered to the voter and returned to the city clerk, not later than the time the polls close on election day.

      4.  The procedure authorized by this section is subject to all other provisions of this chapter relating to absent ballot voting insofar as those provisions are not inconsistent with the provisions of this section.

      Sec. 44.  1.  The city clerk shall determine before issuing an absent ballot that the person making application is a registered voter in the proper city.

      2.  Armed Forces personnel who are not registered to vote and are applying for absent ballots must complete:

      (a) The application to register to vote required by NRS 293.517 for registration; or

      (b) The form provided by the Federal Government for registration and request of an absent ballot,

before receiving an absent ballot.

      Sec. 45.  1.  If the request for an absent ballot is made by mail or telegram, the city clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base, or by air mail if the absent voter is in a foreign country but not on a military base, postage prepaid:


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ê1997 Statutes of Nevada, Page 3433 (Chapter 686, SB 447)ê

 

      (a) Except as otherwise provided in paragraph (b), an absent ballot, a return envelope, a stamp for marking the ballot, a stamp pad and instructions.

      (b) In those cities using a mechanical voting system whereby a vote is cast by punching a card, a card attached to a sheet of foam plastic or similar backing material, a return envelope, a punching instrument, a sample ballot and instructions.

      2.  The return envelope must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.

      3.  Nothing may be enclosed or sent with an absent ballot except as required by subsection 1.

      4.  Before depositing the ballot with the United States Postal Service, the city clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, his precinct or district, the number of the ballot and any remarks he finds appropriate.

      Sec. 46.  1.  Except as otherwise provided in subsections 2 and 3, when an absent ballot is returned by a registered voter to the city clerk through the mails, and record thereof is made in the absent ballot record book, the city clerk shall deliver, or cause to be delivered, that ballot to the precinct or district election board.

      2.  If the city clerk has appointed an absent ballot central counting board, the city clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope against the original signature of the voter on the county clerk’s register. If the city clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. On election day the city clerk shall deliver the ballot box to the absent ballot counting board to be counted.

      3.  If the city uses a mechanical voting system, the city clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope against the original signature of the county clerk’s register. If the city clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. On election day the city clerk shall deliver the ballot box to the central counting place.

      Sec. 47.  1.  If a request for an absent ballot is made by a registered voter in person, the city clerk shall issue an absent ballot to the registered voter, and the ballot must be voted on the premises of the city clerk’s office and returned to the city clerk. The city clerk shall follow the same procedure as in the case of absent ballots received by mail.

      2.  At least 25 days before a primary city election or general city election until 5:00 p.m. the day before the election, each city clerk shall provide a voting booth, with suitable equipment for voting, on the premises of his office for use by registered voters who are issued absent ballots in accordance with this section.

      Sec. 48.  1.  When an absent voter receives his ballot, he must stamp and fold it, if it is a paper ballot, or punch it, if the ballot is voted by punching a card, in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.


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

ê1997 Statutes of Nevada, Page 3434 (Chapter 686, SB 447)ê

 

envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.

      2.  If the absent voter who has received a ballot by mail applies to vote the ballot in person at:

      (a) The city clerk’s office, he must stamp or punch the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the city clerk.

      (b) A polling place, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Spoiled.”

      3.  Except as otherwise provided in section 43 of this act, it is unlawful for any person other than the voter who requested an absent ballot to return it. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 49.  1.  On the day of an election, the precinct or district election boards receiving the absent voters’ ballots from the city clerk shall, in the presence of a majority of the election board officers, deposit the ballots in the ballot box in the following manner:

      (a) The name of the voter, as shown on the return envelope, must be called and checked as if the voter were voting in person; and

      (b) The signature on the back of the return envelope must be compared with that on the original application to register to vote.

      2.  If the board determines that the absent voter is entitled to cast his ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip or stub detached from the ballot and, if the numbers are the same, the ballot deposited in the regular ballot box.

      3.  The election board officers shall mark in the pollbook opposite the name of the voter the word “Voted.”

      Sec. 50.  When all absent ballots delivered to precinct or district election boards have been voted or rejected, the empty envelopes and the envelopes containing rejected ballots must be returned to the city clerk. On all envelopes containing the rejected ballots the cause of rejection must be noted and the envelope signed by a majority of the election board officers.

      Sec. 51.  The provisions of this chapter do not prohibit any registered voter who has applied for, but not received, an absent ballot from communicating that fact to the city clerk, receiving a certificate so stating and voting in person on election day in the manner provided in section 25 of this act.

      Sec. 52.  1.  In cities in which an absent ballot central counting board is appointed, the city clerk shall provide a ballot box in his office for each different ballot listing in the city.

      2.  On each box there must appear a statement indicating the precincts and district for which the box has been designated.

      3.  Each absent ballot voted must be deposited in a ballot box according to the precinct or district of the absent voter voting that ballot.

      Sec. 53.  1.  A registered voter who resides in an election precinct in which there were not more than 200 voters registered for the last preceding city general election, or in a precinct in which it appears to the satisfaction of the city clerk that there are not more than 200 registered voters, may vote at any election regulated by this chapter in the manner provided in sections 54 to 57, inclusive, of this act.


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

ê1997 Statutes of Nevada, Page 3435 (Chapter 686, SB 447)ê

 

of the city clerk that there are not more than 200 registered voters, may vote at any election regulated by this chapter in the manner provided in sections 54 to 57, inclusive, of this act.

      2.  Whenever the city clerk has designated a precinct as a mailing precinct, registered voters residing in that precinct may vote at any election regulated by this chapter in the manner provided in sections 54 to 57, inclusive, of this act.

      Sec. 54.  The city clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct, before 5 p.m. on the third Thursday in April and before 5 p.m. on the fourth Tuesday in May of any year in which a general city election is held, an official mailing ballot to be voted by him at the election.

      Sec. 55.  1.  The city clerk shall:

      (a) Make certain of the names and addresses of all voters registered to vote in mailing precincts and absent ballot mailing precincts;

      (b) Enroll the name and address of each voter found eligible to vote in those precincts in the mailing precinct record book;

      (c) Mark the number of the ballot on the return envelope; and

      (d) Mail the ballot to the registered voter.

      2.  Except as otherwise provided in subsection 3, the ballot must be accompanied by:

      (a) A stamp and stamp pad;

      (b) A return envelope;

      (c) A sample ballot; and

      (d) Instructions regarding the manner of stamping and returning the ballot.

      3.  In those cities using a mechanical voting system whereby a vote is cast by punching a card, the ballot must be accompanied by:

      (a) A sheet of foam plastic or similar backing material attached to the card;

      (b) A punching instrument;

      (c) A return envelope;

      (d) A sample ballot; and

      (e) Instructions concerning the manner of punching and returning the card.

      Sec. 56.  Upon receipt of a mailing ballot from the city clerk, the registered voter must:

      1.  Except as otherwise provided in subsection 2:

      (a) Immediately after opening the envelope, mark and fold the ballot;

      (b) Place the ballot in the return envelope;

      (c) Affix his signature on the back of the envelope; and

      (d) Mail or deliver the envelope to the city clerk.

      2.  In those cities using a mechanical voting system whereby a vote is cast by punching a card:

      (a) Immediately after opening the envelope, punch the card;

      (b) Place the unfolded card in the return envelope;

      (c) Affix his signature on the back of the envelope; and

      (d) Mail or deliver the envelope to the city clerk.


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

ê1997 Statutes of Nevada, Page 3436 (Chapter 686, SB 447)ê

 

      Sec. 57.  Upon receipt of the return envelope from the registered voter, the city clerk shall follow the same procedure as in the case of absent ballots.

      Sec. 58.  The city clerk shall make a record of the receipt at the central counting place of each sealed container used to transport official ballots pursuant to sections 85 and 86 of this act. The record must include the numbers indicated on the container and its seal pursuant to NRS 293.462.

      Sec. 59.  When the polls are closed, the counting board shall prepare to count the ballots voted that day. The counting procedure must be public and continue without adjournment until completed. If the ballots are paper ballots or ballots that are voted by punching a card, the counting board shall prepare in the following manner:

      1.  The pollbooks must be compared and errors corrected until the books agree.

      2.  The ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to determine whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If, on comparison of the count with the pollbook, a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the counting board officers and placed in the ballot box after the count is completed.

      3.  If the ballots in the box are found to exceed the number of names on the pollbooks, the ballots must be replaced in the box and a counting board officer shall, with his back turned to the box, draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope and returned to the city clerk with the other ballots rejected for any cause.

      4.  When it has been determined that the pollbook and the number of ballots agree with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.

      Sec. 60.  A counting board in any precinct or district in which paper ballots are used may not begin to count the votes until all ballots used or unused are accounted for.

      Sec. 61.  1.  The basic factor to be considered by an election board when making a determination of whether a particular ballot must be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected.

      2.  Regulations for counting ballots must include provisions that:

      (a) A vote on a paper ballot may not be counted unless indicated by a cross in the appropriate square.


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

ê1997 Statutes of Nevada, Page 3437 (Chapter 686, SB 447)ê

 

      (b) An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot.

      (c) If more choices than allowed by the instructions are marked for any office or question, the vote for that office or question may not be counted.

      (d) If it is impossible to determine a voter’s choice for any office or question, his vote or votes for that office or question may not be counted.

      (e) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.

      (f) Only devices provided for in this chapter, chapter 293 or 293B of NRS may be used in marking ballots.

      (g) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.

      (h) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it. Each election board officer shall sign the envelope.

      (i) In cities where mechanical voting systems are used whereby a vote is cast by punching a card, a superfluous punch into any card does not constitute grounds for rejection of the ballot unless the election board determines that the condition of the ballot justifies its exclusion pursuant to subsection 1.

      Sec. 62.  1.  Whenever a candidate whose name appears upon the ballot at a general city election dies after 5 p.m. of the third Tuesday in May and before the time of the closing of the polls on the day of the election, the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.

      2.  If the deceased candidate receives the majority of the votes cast for the office, he shall be deemed elected and the office to which he was elected shall be deemed vacant at the beginning of the term for which he was elected. The vacancy created must be filled in the same manner as if the candidate had died after taking office for that term.

      Sec. 63.  When all the votes have been tallied, the counting board officers shall enter on the tally lists by the name of each candidate the number of votes he received. The number must be expressed in words and figures. The vote for and against any question submitted to the electors must be entered in the same manner.

      Sec. 64.  If paper ballots or ballots which are voted by punching a card are used:

      1.  After the tally lists have been completed, the counting board officers shall:

      (a) File the voted ballots on a string, enclose and seal them in an envelope marked “Election returns, voted ballots.”

      (b) File the rejected ballots on a string, enclose and seal them in an envelope marked “Election returns, rejected ballots.”

      (c) Place one of the tally lists for regular ballots and one of the pollbooks in an envelope marked “Election returns” and seal the envelope.


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

ê1997 Statutes of Nevada, Page 3438 (Chapter 686, SB 447)ê

 

      2.  The voted ballots, rejected ballots, tally lists for regular ballots, tally list for rejected ballots, challenge list, stubs of used ballots, spoiled ballots and unused ballots must be sealed under cover by the counting board officers and addressed to the city clerk.

      3.  The other pollbooks, tally lists and election board register must be returned to the city clerk.

      Sec. 65.  1.  Except as otherwise provided in subsection 2, each counting board before it adjourns, shall post a copy of the voting results in a conspicuous place on the outside of the place where the votes were counted.

      2.  If votes are cast on ballots that are mechanically or electronically tabulated in accordance with the provisions of this chapter, chapter 293 or 293B of NRS, the city clerk shall, as soon as possible, post copies of the tabulated voting results in a conspicuous place on the outside of the counting facility, courthouse or city hall.

      3.  Each copy of the voting results posted in accordance with subsections 1 and 2 must set forth the accumulative total of all the votes cast within the city conducting the election and must be signed by the members of the counting board or the computer program and processing accuracy board.

      Sec. 66.  1.  Beginning at 8 a.m. on the day before the day of an election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw the ballots deposited in the absent voters’ ballot boxes before that day and determine whether each box has the required number of ballots according to the city clerk’s absent voters’ record.

      2.  Any absent ballots received by the city clerk after 8 a.m. on the day that the ballots are withdrawn must be held by him until the ballots received before that day have been withdrawn pursuant to subsection 1. The clerk shall deposit those absent ballots in the appropriate ballot boxes.

      3.  The counting board or absent ballot central counting board shall count the number of ballots in the same manner as election boards.

      Sec. 67.  1.  After 8 a.m. on election day, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw all the ballots received the previous day from absent voters’ ballot boxes and determine whether each box has the required number of ballots according to the city clerk’s absent voters’ ballot record.

      2.  If any absent ballots are received by the city clerk on election day pursuant to section 43 of this act, the city clerk shall hold the ballots until the ballots received before election day have been withdrawn pursuant to subsection 1. Thereafter, the city clerk shall deposit the absent ballots in the appropriate ballot boxes.

      3.  After 8 a.m. on election day, the appropriate board shall count in public the votes cast on the absent ballots.

      4.  If paper ballots are used, the results of the absent ballot vote in each precinct must be certified and submitted to the city clerk, who shall have the results added to the regular votes of the precinct. If a mechanical voting system is used in which a voter casts his ballot by punching a card that is counted by a computer, the absent ballots may be counted with the regular votes of the precinct. The returns of absent ballots must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of a voter’s ballot.


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

ê1997 Statutes of Nevada, Page 3439 (Chapter 686, SB 447)ê

 

returns separately would violate the secrecy of a voter’s ballot. The city clerks shall develop a procedure to ensure that each ballot is kept secret.

      5.  Any person who disseminates to the public information relating to the count of absent ballots before the polls close is guilty of a misdemeanor.

      Sec. 68.  1.  The election returns from a special election, primary city election or general city election must be filed with the city clerk, who shall immediately place the returns in a safe or vault. No person may handle, inspect or in any manner interfere with the returns until they are canvassed by the mayor and the governing body of the city.

      2.  After the governing body of a city receives the returns from all the precincts and districts in the city, it shall meet with the mayor to canvass the returns. The canvass must be completed on or before the fifth working day following the election.

      3.  In completing the canvass of the returns, the governing body of the city and the mayor shall:

      (a) Note separately any clerical errors discovered; and

      (b) Take account of the changes resulting from the discovery, so that the result declared represents the true vote cast.

      4.  After the canvass is completed, the governing body of the city and mayor shall declare the result of the canvass.

      5.  The city clerk shall enter upon the records of the governing body of the city an abstract of the result. The abstract must be prepared in the manner prescribed by regulations adopted by the secretary of state and must contain the number of votes cast for each candidate.

      6.  After the abstract is entered, the:

      (a) City clerk shall seal the election returns, maintain them in a vault for at least 22 months and give no person access to them during that period, unless access is ordered by a court of competent jurisdiction or by the governing body of the city.

      (b) Governing body of the city shall, by an order made and entered in the minutes of its proceedings, cause the city clerk to:

             (1) Certify the abstract;

             (2) Make a copy of the certified abstract;

             (3) Make a mechanized report of the abstract in compliance with regulations adopted by the secretary of state; and

             (4) Transmit the copy of the certified abstract and the mechanized report of the abstract to the secretary of state within 6 working days after the election.

      7.  After the abstract of the results from a:

      (a) Primary city election has been certified, the city clerk shall certify the name of each person nominated and the name of the office for which he is nominated.

      (b) General city election has been certified, the city clerk shall:

             (1) Issue under his hand and official seal to each person elected a certificate of election; and

             (2) Deliver the certificate to the persons elected upon their application at the office of the city clerk.

      8.  The officers elected to the governing body of the city qualify and enter upon the discharge of their respective duties on the first regular meeting of that body next succeeding that in which the canvass of returns was made pursuant to subsection 2.


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

ê1997 Statutes of Nevada, Page 3440 (Chapter 686, SB 447)ê

 

meeting of that body next succeeding that in which the canvass of returns was made pursuant to subsection 2.

      Sec. 69.  1.  The voted ballots, rejected ballots, spoiled ballots, unused ballots, tally lists, pollbooks, challenge lists, voting receipts, records printed on paper of voted ballots collected pursuant to NRS 293B.400 and stubs of the ballots used, enclosed and sealed must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk and preserved for at least 22 months. All sealed materials must be destroyed immediately after that period. A notice of the destruction must be published by the city clerk in at least one newspaper of general circulation in the city, or if no newspaper is of general circulation in that city, in a newspaper of general circulation in the nearest city, not less than 2 weeks before the destruction of the materials.

      2.  The pollbooks containing the signatures of those persons who voted in the election and the tally lists deposited with the governing body of the city are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the city clerk.

      3.  A contestant of an election may inspect all of the material relating to that election which is preserved pursuant to subsection 1, except the voted ballots.

      4.  The voted ballots deposited with the city clerk are not subject to the inspection of any person, except in a contested election, and only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of the judge, body or board.

      Sec. 70.  1.  If a court of competent jurisdiction orders a city to extend the deadline for voting beyond the statutory period in an election, the city clerk shall, as soon as practicable after he receives notice of the decision of the court:

      (a) Cause notice of the extended period to be published in a newspaper of general circulation in the city or if no newspaper is of general circulation in that city, in a newspaper of general circulation in the nearest city; and

      (b) Transmit a notice of the extended deadline to each registered voter who requested an absent voter’s ballot for the election and has not returned the ballot before the date on which the notice will be transmitted.

      2.  The notice required pursuant to paragraph (a) of subsection 1 must be published:

      (a) In a city whose population is 25,000 or more, on at least 3 successive days.

      (b) In a city whose population is less than 25,000, at least twice in successive issues of the newspaper.

      Sec. 71.  1.  Any elector who is registered to vote and has changed his residence after the last preceding general city election and who fails to return or never receives a postcard mailed pursuant to NRS 293.5235, 293.530, or 293.535 who moved:

      (a) From one precinct to another within the same city must be allowed to vote in the precinct where he previously resided after he provides an oral or written affirmation before an election board officer attesting to his new address.


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

ê1997 Statutes of Nevada, Page 3441 (Chapter 686, SB 447)ê

 

      (b) Within the same precinct must be allowed to vote after he provides an oral or written affirmation before an election board officer attesting to his new address.

      2.  If an elector alleges that the records in the registrar of voters’ register or the election board register incorrectly indicate that he has changed his residence, he must be allowed to vote after he provides an oral or written affirmation before an election board officer attesting that he continues to reside at the same address.

      3.  If an elector refuses to provide an oral or written affirmation attesting to his address as required by this section, he may only vote at the special polling place in the city in the manner set forth in section 35 of this act.

      Sec. 72.  1.  Except as otherwise provided in NRS 293.502, registration must close at 9 p.m. on the fifth Saturday preceding any primary city election or general city election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary city election or general city election, registration must close at 9 p.m. on the fifth Saturday preceding the day of the elections.

      2.  The offices of the city and county clerk and other ex officio registrars must be open from 9 a.m. to 5 p.m. and the offices of the city and county clerk must also be open from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration before a primary city election or general city election, according to the following schedule:

      (a) In a city whose population is less than 25,000, those offices must be open during the last 3 days before registration closes.

      (b) In a city whose population is 25,000 or more, those offices must be open during the last 5 days before registration closes.

      3.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

      (a) The city clerk of each city shall cause a notice signed by him to be published in a newspaper having a general circulation in the city indicating the day that registration will be closed. If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this state.

      (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

      Sec. 73.  1.  At least 10 days before an election, the city clerk shall cause to be mailed to each registered voter in the 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 city clerk shall mail a notice of the change to each registered voter in the 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:

 


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

ê1997 Statutes of Nevada, Page 3442 (Chapter 686, SB 447)ê

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

      2.  The city clerk shall include in each sample ballot for a 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.

      3.  The cost of mailing sample ballots for a city election must be borne by the city holding the election.

      Sec. 74.  1.  Each person who resides within the boundaries of the city at the time of the holding of any city election, and whose name appears upon the official register of voters for the city, is entitled to vote at each special election, primary city election and general city election, and for all officers to be voted for and on all questions submitted to the people at those elections except as otherwise provided in chapter 266 of NRS.

      2.  The governing body of a city may provide for a supplemental registration.

      Sec. 75.  1.  Except as otherwise provided by special charter, registration of electors in incorporated cities must be accomplished in the manner provided in this chapter.

      2.  The county clerk shall prepare for the city clerk of each incorporated city within his county the election board register of all electors eligible to vote at a regular or special city election.

      3.  The official register must be prepared in suitable books, one for each ward or other voting district within each incorporated city. The entries in the election board register must be arranged alphabetically with the surnames first.

      4.  The county clerk shall keep duplicate originals or copies of the applications to register to vote contained in the official register in his office.

      Sec. 76.  1.  Not later than 3 days preceding the day on which a city election is held, the county clerk shall prepare a checklist for each ward or other voting district in the city. Each checklist must:

      (a) Be prepared in an index book and must contain the names and addresses of all electors eligible to vote at the election for each ward or other voting district arranged alphabetically with surnames first.

      (b) Have a blank column at the right of the column of names formed by two parallel perpendicular lines with a written heading showing the particular election to which the checklist applies.

      2.  The election board members shall check the names of those persons voting, indicating the same by a particular symbol, such as “V” for voted.

      Sec. 77.  Not later than 3 days before the day on which any regular or special city election is held, the county clerk shall deliver to the city clerk:

      1.  The official register for the city.

      2.  The checklists for each ward or voting district therein.

      Sec. 78.  The governing body of a city shall provide all necessary books, ballots and supplies for the proper conduct of city elections.

      Sec. 79.  The governing body of a city may cause a list of the electors registered to vote at any city election to be published.

      Sec. 80.  1.  As full compensation for all services rendered pursuant to the provisions of sections 75 to 79, inclusive, of this act the county registrar is entitled to receive on behalf of the county the sum of 15 cents for each name of an elector copied by him, regardless of the number of times each name is copied.


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ê1997 Statutes of Nevada, Page 3443 (Chapter 686, SB 447)ê

 

is entitled to receive on behalf of the county the sum of 15 cents for each name of an elector copied by him, regardless of the number of times each name is copied.

      2.  The account of the county registrar:

      (a) Is a claim against the city.

      (b) Must be made out so as to indicate clearly the number of names copied by him.

      (c) Must be sworn to and filed with the governing body of the city.

      3.  The claim, including all other just and reasonable demands of other persons for books, advertising and supplies necessarily incurred in carrying out the provisions of sections 75 to 79, inclusive, of this act must be audited and paid out of the general fund of the city.

      4.  All money received by the county registrar pursuant to this section must be deposited by him for credit to the general fund of the county.

      Sec. 81.  1.  Before any election where a mechanical voting system will be used, the city clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast. The program must cause the computer or counting device to operate in the following manner:

      (a) All lawful votes cast by each voter must be counted.

      (b) All unlawful votes, including but not limited to overvotes must not be counted.

      (c) The computer or counting device must halt or indicate by appropriate signal if a ballot is encountered that lacks a code identifying the precinct in which it was voted.

      2.  The program must be prepared under the supervision of the accuracy certification board appointed pursuant to the provisions of NRS 293B.140.

      3.  The city clerk shall take such measures as he deems necessary to protect the program from being altered or damaged.

      Sec. 82.  1.  The accuracy certification board shall observe the conduct of the tests prescribed by NRS 293B.150 and 293B.165.

      2.  Representatives of the candidates and the press may also observe the conduct of those tests.

      Sec. 83.  1.  At each election a member of the election board for a precinct shall issue each voter a ballot.

      2.  If a mechanical voting system is used in a primary city election whereby votes are directly recorded electronically, a member of the election board shall, in addition to the ballot described in subsection 1, issue the voter a voting receipt.

      3.  The member of the election board shall:

      (a) Direct the voter to a mechanical recording device containing a list of offices and candidates; or

      (b) Issue a ballot attached to a sheet of foam plastic or similar backing material, a punching instrument, a sample ballot and an instruction sheet to the voter and instruct him to punch his ballot by reference to the sample ballot.


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ê1997 Statutes of Nevada, Page 3444 (Chapter 686, SB 447)ê

 

      Sec. 84.  The city clerk may order deputized officers to pick up all voted ballots from any or all of the precincts or districts after the polls have been opened for 5 hours. At least two deputized officers shall deliver any ballots that are picked up early to the central counting place. The various boards operating the central counting place may begin to process those ballots upon receipt, but no reports may be printed by the counting device or computer until the polls have closed. Any ballots that are picked up early must be transported to the central counting place in the manner prescribed in section 86 of this act.

      Sec. 85.  1.  Upon closing of the polls, the election board shall:

      (a) Secure all mechanical recording devices against further voting.

      (b) If a mechanical voting system is used whereby votes are cast by punching a card:

             (1) Count the number of ballots in the ballot boxes.

             (2) Account for all ballots on the statement of ballots.

             (3) Place all official ballots, the ballot statement and any other records, reports and materials as directed by the city clerk into the container provided by him to transport those items to a central counting place and seal the container.

      (c) If a mechanical voting system is used whereby votes are directly recorded electronically:

             (1) Ensure that each mechanical recording device:

                   (I) Provides a record printed on paper of the total number of votes recorded on the device for each candidate and for or against each measure; and

                   (II) Transfers the ballots voted on that device to the storage device required pursuant to NRS 293B.084.

             (2) Count the number of ballots voted at the polling place.

             (3) Account for all ballots on the statement of ballots.

             (4) Place all records printed on paper provided by the mechanical recording devices, all storage devices which store the ballots voted on the mechanical recording devices, and any other records, reports and materials as directed by the city clerk into the container provided by him to transport those items to a central counting place and seal the container.

      2.  The city clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsection 1 if those members do not interfere with the handling of the ballots.

      Sec. 86.  1.  The chairman and at least one other member of the election board shall deliver the sealed container to a receiving center or to the central counting place, as directed by the city clerk.

      2.  The chairman shall provide for the transportation or other disposition of all other supplies and election materials as directed by the city clerk.

      3.  Any member of the general public may observe the delivery of a sealed container to a receiving center or to the central counting place if he does not interfere with the delivery of the sealed container.

      Sec. 87.  1.  To facilitate the processing and computation of votes cast at an election conducted under a mechanical voting system, the city clerk shall create a computer program and processing accuracy board, and may create:


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ê1997 Statutes of Nevada, Page 3445 (Chapter 686, SB 447)ê

 

      (a) A central ballot inspection board;

      (b) An absent ballot mailing precinct inspection board;

      (c) A ballot duplicating board;

      (d) A ballot processing and packaging board; and

      (e) Such additional boards or appoint such officers as he deems necessary for the expeditious processing of ballots.

      2.  The city clerk may determine the number of members to constitute any board. He shall make any appointments from among competent persons who are registered voters in this state. The same person may be appointed to more than one board but must meet the qualifications for each board to which he is appointed.

      3.  All persons appointed serve at the pleasure of the city clerk.

      Sec. 88.  The central ballot inspection board shall:

      1.  Receive the ballots in sealed containers.

      2.  Inspect the containers, record the number indicated on each container and its seal pursuant to NRS 293.462 and remove the ballots or storage devices that store the ballots voted on mechanical recording devices that directly record votes electronically.

      3.  Register the numbers of ballots by precinct.

      4.  Deliver any damaged ballots to the ballot duplicating board, if the ballots were voted by punching a card.

      5.  Receive duplicates of damaged ballots from the ballot duplicating board and place the duplicates with the voted ballots of the appropriate precinct, if the ballots were voted by punching a card.

      6.  Place each damaged original ballot in a separate envelope and note on the outside of the envelope the appropriate number of the precinct, if the ballot was voted by punching a card.

      7.  Reject any ballot that has been marked in a way that identifies the voter.

      8.  Place each rejected ballot in a separate envelope and note on the outside of the envelope the appropriate number of the precinct and the reason for the board’s rejection of the ballot, if the ballot was voted by punching a card.

      Sec. 89.  The absent ballot mailing precinct inspection board shall:

      1.  Perform functions similar to those of the central ballot inspection board and the ballot duplicating board as those functions are applicable to absent and mailing ballots.

      2.  Bundle the empty absentee and mailing return envelopes according to ballot type or precinct and deliver the bundles to the city clerk.

      3.  Treat any absentee or mailing envelope found not to contain a ballot as a rejected ballot and place that envelope in a separate larger envelope on which must be written the ballot code or precinct and the reason for the rejection.

      Sec. 90.  If ballots that are voted by punching a card are used, the ballot duplicating board shall:

      1.  Receive damaged ballots, including ballots that have been torn, bent or mutilated.


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ê1997 Statutes of Nevada, Page 3446 (Chapter 686, SB 447)ê

 

      2.  Receive cards with incompletely punched chips.

      3.  Prepare on a distinctly colored, serially numbered ballot marked “duplicate” an exact copy of each damaged ballot.

      4.  In the case of a card with an incompletely punched chip:

      (a) Remove the incompletely punched chip; or

      (b) Duplicate the card without punching the location of the incompletely punched chip, according to the city clerk’s determination of the probable intent of the voter.

      5.  Record the serial number of the duplicate ballot on the damaged original ballot and return the damaged and duplicate ballots to the appropriate ballot inspection board.

      6.  Hold aside the duplicated ballots for counting after all other ballots are counted if this procedure is directed by the city clerk.

      Sec. 91.  1.  The ballot processing and packaging board must be composed of persons who are qualified in the use of the data processing equipment to be operated for the voting count.

      2.  The board shall:

      (a) Allow members of the general public to observe the counting area where the computers are located during the period when ballots are being processed if those members do not interfere with the processing of the ballots.

      (b) Receive ballots and maintain groupings of them by precinct.

      (c) Before each counting of the ballots or computer run begins, validate the testing material with the counting program.

      (d) Maintain a log showing the sequence in which the ballots of each precinct are processed to ensure that the ballots of all precincts are processed.

      (e) After each counting of the ballots, verify the testing material with the counting program to substantiate that there has been no substitution or irregularity.

      (f) Record an explanation of any irregularity that occurs in the processing.

      (g) Collect all returns, programs, testing materials, ballots and other items used in the election at the computer center and package and deliver the items to the city clerk for sealing and storage.

      Sec. 92.  1.  The city clerk shall appoint the members of the computer program and processing accuracy board not later than 7 days before the election in which they will serve.

      2.  The board shall verify that:

      (a) Any invalid voting of a ballot will cause it to be rejected.

      (b) Votes can be counted for each candidate and proposition.

      (c) Any overvote for an office or proposition will cause a rejection of the vote for that office or proposition.

      (d) Where multiple votes may be cast, the maximum number of votes permitted a voter cannot be exceeded without rejecting the vote for that selection, but any undervote will be counted.


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ê1997 Statutes of Nevada, Page 3447 (Chapter 686, SB 447)ê

 

      (e) A voter’s omission to vote or his irregular vote on any particular office or proposition will not prevent the counting of his vote as to any other office or proposition on the ballot.

      Sec. 93.  Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:

      The provisions of this chapter, not inconsistent with the provisions of sections 2 to 92, inclusive, of this act or a city charter, apply to city elections.

      Sec. 94.  NRS 293.059 is hereby amended to read as follows:

      293.059  “General city election” means an election held pursuant to [NRS 293.630 or 293.640.] section 4 or 5 of this act. The term includes a general municipal election held pursuant to the provisions of a special charter of an incorporated city.

      Sec. 95.  NRS 293.079 is hereby amended to read as follows:

      293.079  “Primary city election” means an election held pursuant to [NRS 293.620.] section 3 of this act. The term includes a primary municipal election held pursuant to the provisions of a special charter of an incorporated city.

      Sec. 96.  NRS 293.1755 is hereby amended to read as follows:

      293.1755  1.  In addition to any other requirement provided by law, no person may be a candidate for any office unless, for at least 30 days before the close of filing of declarations of candidacy [,] or acceptances of candidacy [or affidavits of candidacy] for the office which he seeks, he has been a legal resident of the state, district, county, township [, city] or other area prescribed by law to which the office pertains and, if elected, over which he will have jurisdiction or which he will represent.

      2.  Any person who knowingly and willfully files an acceptance of candidacy [, affidavit of candidacy] or declaration of candidacy which contains a false statement in this respect is guilty of a gross misdemeanor.

      3.  Any person convicted pursuant to the provisions of this section is disqualified from entering upon the duties of the office for which he was a candidate.

      4.  The provisions of this section do not apply to candidates for the office of district attorney.

      Sec. 97.  NRS 293.177 is hereby amended to read as follows:

      293.177  1.  Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of [a] candidacy, and paid the fee required by NRS 293.193 not earlier than the first Monday in May of the year in which the election is to be held nor later than 5 p.m. on the third Monday in May.

      2.  A declaration of candidacy or an acceptance of [a] candidacy required to be filed by this section must be in substantially the following form:


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ê1997 Statutes of Nevada, Page 3448 (Chapter 686, SB 447)ê

 

      (a) For partisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

County of

 

For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ………, I, the undersigned …….., do swear or affirm under penalty of perjury that I reside at ………., in the City or Town of ……., County of ………., State of Nevada; that my actual residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that I am registered as a member of the ................ Party; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

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

                                                                                                    (Designation of name)

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

                                                                                          (Signature of candidate for office)

 

Subscribed and sworn to before

me this ..... day of ........, 19...

 

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

  Notary Public or other person

authorized to administer an oath

 


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ê1997 Statutes of Nevada, Page 3449 (Chapter 686, SB 447)ê

 

      (b) For nonpartisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

County of

 

For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I reside at ………, in the City or Town of ……., County of ………, State of Nevada; that my actual residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that if nominated as a nonpartisan candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

 

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

                                                                                                    (Designation of name)

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

                                                                                          (Signature of candidate for office)

 

Subscribed and sworn to before

me this ..... day of ........, 19...

 

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

  Notary Public or other person

authorized to administer an oath

 

      3.  A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate’s name. The nickname must be in quotation marks and appear immediately before the candidate’s surname. A nickname must not indicate any political, [economical,] economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.


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ê1997 Statutes of Nevada, Page 3450 (Chapter 686, SB 447)ê

 

      4.  [An affidavit of candidacy must be in substantially the same form as the form set forth in paragraph (b) of subsection 2.

      5.]  The address of a candidate which must be included in the declaration of candidacy or acceptance of [a] candidacy pursuant to subsection 2 must be the street address of the residence where he actually resides, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidate’s address is listed as a post office box unless a street address has not been assigned to his residence.

      Sec. 98.  NRS 293.202 is hereby amended to read as follows:

      293.202  [1.  Except as otherwise provided in subsection 2, any] A withdrawal of candidacy for office must be in writing and must be presented by the candidate in person, within 7 days after the last day for filing, to the officer whose duty it is to receive filings for candidacy for that office.

      [2.  A withdrawal of candidacy for city office must be in writing and must be presented by the candidate in person, within 2 days after the last day for filing, to the officer whose duty it is to receive filings for candidacy for that office.]

      Sec. 99.  NRS 293.2175 is hereby amended to read as follows:

      293.2175  1.  The county or city clerk may appoint a pupil as a trainee for the position of election board officer. To qualify for such an appointment, the pupil must be:

      (a) A United States citizen, a resident of Nevada and a resident of the county in which he serves;

      (b) Enrolled as a senior in high school;

      (c) At the time of service, enrolled in or have completed a high school course in American government in accordance with NRS 389.020; and

      (d) Performing at an academic level deemed acceptable by the principal of the pupil’s high school.

      2.  The county or city clerk may only appoint a pupil as a trainee if:

      (a) The pupil is appointed without party affiliation;

      (b) The county or city clerk sends the pupil a certificate stating the date and hours the pupil, upon approval, will act as trainee;

      (c) At least 20 days before the election in which the pupil will act as trainee, the principal of his high school receives the county or city clerk’s certificate and a written request signed by his parent or guardian to be excused from school for the time specified in the certificate;

      (d) The principal of the high school approves the pupil’s request; and

      (e) The pupil attends the training class required by NRS 293B.260.

      3.  The county or city clerk may assign a trainee such duties as the county or city clerk deems appropriate. The county or city clerk shall not require the trainee to perform those duties later than 10 p.m. or any applicable curfew, whichever is earlier.

      4.  The county or city clerk may compensate a trainee for his service at the same rate fixed for election board officers generally.

      Sec. 100.  NRS 293.218 is hereby amended to read as follows:

      293.218  The county [or city] clerk may provide by rule or regulation for the:

      1.  Recommendation, by the persons selected as chairmen of election boards, of suitable persons to serve as members of election boards; and


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ê1997 Statutes of Nevada, Page 3451 (Chapter 686, SB 447)ê

 

      2.  Recommendation by the chairmen of suitable persons to serve in the case of vacancies.

      Sec. 101.  NRS 293.230 is hereby amended to read as follows:

      293.230  1.  In precincts or districts where there are less than 200 registered voters and paper ballots are used, the election board shall perform all duties required from the time of preparing for the opening of the polls through delivering the supplies and result of votes cast to the county [or city] clerk.

      2.  Except as otherwise provided in NRS 293.235, one election board must be appointed by the county [or city] clerk for all mailing precincts within the county [or city,] and must be designated the central election board. The county [or city] clerk shall deliver the mailed ballots to that board in his office and the board shall count the votes on those ballots in the manner required by law.

      Sec. 102.  NRS 293.233 is hereby amended to read as follows:

      293.233  In each precinct or district where there are 200 or more registered voters and paper ballots are used, the county [or city] clerk shall appoint two election boards and designate one the voting board and the other the counting board. The officers of the counting board shall count the votes and make the record of the votes. The voting board shall account for the records at the time the polls are closed and deliver to the counting board the ballot box containing the voted ballots and all other books and supplies in its possession. Upon such delivery, the counting board shall perform its duties . [as required by law.] The time of service for the counting board must be from the closing of the polls through the returning of the supplies and the result of votes cast to the county [or city] clerk.

      Sec. 103.  NRS 293.235 is hereby amended to read as follows:

      293.235  1.  When it appears to the satisfaction of the county [or city] clerk that an absent ballot central counting board will expedite the work of tallying the absent ballot vote of the county , [or city,] he may appoint such a board. In counties which use a computer to maintain records of registered voters, the county clerk shall appoint the board.

      2.  In counties [or cities] where an absent ballot central counting board has been appointed, no central election board may be appointed. The absent ballot central counting board shall perform the duties of the central election board.

      Sec. 104.  NRS 293.243 is hereby amended to read as follows:

      293.243  1.  An absent ballot central counting board consists of election board officers appointed in such numbers as the county [or city] clerk determines to be required by the volume of absent ballots requested.

      2.  The county [or city] clerk’s deputies who perform duties in connection with elections shall be deemed officers of the absent ballot central counting board.

      3.  When requested by the [:

      (a) County] county clerk, the sheriff shall appoint a deputy sheriff [; or

      (b) City clerk, the chief law enforcement officer of the city shall appoint an officer,] to keep order during the counting [board’s counting] of the absent ballot votes [.] by the absent ballot central counting board.


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ê1997 Statutes of Nevada, Page 3452 (Chapter 686, SB 447)ê

 

      4.  The absent ballot central counting board is under the direction of the county [or city] clerk.

      Sec. 105.  NRS 293.245 is hereby amended to read as follows:

      293.245  When the county [or city] clerk determines it necessary to cause any precincts in the county [or city] to be designated absent ballot mailing precincts, the precinct’s ballots must be placed by the central election board, or the absent ballot central counting board, in the proper absent ballot mailing precinct ballot box.

      Sec. 106.  NRS 293.247 is hereby amended to read as follows:

      293.247  1.  The secretary of state shall adopt regulations, not inconsistent with the election laws of this state, for the conduct of primary, general, special and district elections in all cities and counties. The secretary of state shall prescribe the forms for a declaration of candidacy, certificate of candidacy, acceptance of candidacy [, affidavit of candidacy] and any petition which is filed pursuant to the general election laws of this state.

      2.  The regulations must prescribe:

      (a) The duties of election boards;

      (b) The type and amount of election supplies;

      (c) The manner of printing ballots and the number of ballots to be distributed to precincts and districts;

      (d) The method to be used in distributing ballots to precincts and districts;

      (e) The method of inspection and the disposition of ballot boxes;

      (f) The form and placement of instructions to voters;

      (g) The recess periods for election boards;

      (h) The size, lighting and placement of voting booths;

      (i) The amount and placement of guardrails and other furniture and equipment at voting places;

      (j) The disposition of election returns;

      (k) The procedures to be used for canvasses, ties, recounts and contests;

      (l) The procedures to be used to ensure the security of the ballots from the time they are transferred from the polling place until they are stored pursuant to the provisions of NRS 293.391 [;] or section 69 of this act;

      (m) The procedures to be used to ensure the security and accuracy of computer programs and tapes used for elections;

      (n) The procedures to be used for the disposition of absent ballots in case of an emergency;

      (o) The forms for applications to register to vote and any other forms necessary for the administration of this Title; and

      (p) Such other matters as determined necessary by the secretary of state.

      3.  The secretary of state may provide interpretations and take other actions necessary for the effective administration of the statutes and regulations governing the conduct of primary, general, special and district elections in this state.

      4.  The secretary of state shall prepare and distribute to each county and city clerk copies of:

      (a) Laws and regulations concerning elections in this state;

      (b) Interpretations issued by the secretary of state’s office; and


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ê1997 Statutes of Nevada, Page 3453 (Chapter 686, SB 447)ê

 

      (c) Any attorney general’s opinions or any state or federal court decisions which affect state election laws or regulations whenever any of those opinions or decisions become known to the secretary of state.

      Sec. 107.  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 shall prescribe with respect to the matter to be printed on every kind of ballot:

      (a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the state.

      (b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his county.

      3.  He shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter’s choice.

      4.  The fiscal note for and explanation of each proposed constitutional amendment or statewide measure, including arguments for and against it, must be included on all sample ballots.

      5.  The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the attorney general. They must be in easily understood language and of reasonable length, and whenever feasible must be completed by April 1 of the year in which the general election is to be held.

      6.  The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.

      7.  County [and city] clerks may divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.

      Sec. 108.  NRS 293.260 is hereby amended to read as follows:

      293.260  1.  Where there is no contest for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot.

      2.  If more than one major political party has candidates for a particular office, the persons who receive the highest number of votes at the primary elections must be declared the nominees of those parties for the office.

      3.  If only one major political party has candidates for a particular office and a minor political party has nominated a candidate for the office or an independent candidate has filed for the office, the candidate who receives the highest number of votes in the primary election of the major political party must be declared the nominee of that party and his name must be placed on the general election ballot with the name of the nominee of the minor political party for the office and the name of the independent candidate who has filed for the office.


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ê1997 Statutes of Nevada, Page 3454 (Chapter 686, SB 447)ê

 

party must be declared the nominee of that party and his name must be placed on the general election ballot with the name of the nominee of the minor political party for the office and the name of the independent candidate who has filed for the office.

      4.  If only one major political party has candidates for a particular office and no minor political party has nominated a candidate for the office or no independent candidate has filed for the office:

      (a) If there are more candidates than twice the number to be elected to the office, the names of the candidates must appear on the ballot for a primary election. Except as otherwise provided in this paragraph, the candidates of that party who receive the highest number of votes in the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office. If only one candidate is to be elected to the office and a candidate receives a majority of the votes in the primary election for that office, that candidate must be declared the nominee for that office and his name must be placed on the ballot for the general election.

      (b) If there are no more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.

      5.  Where no more than the number of candidates to be elected have filed for nomination for any office, the names of those candidates must be omitted from all ballots for a primary election [or primary city election] and placed on all ballots for a general election . [or general city election.]

      6.  If there are more candidates than twice the number to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election . [or primary city election.] Those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.

      Sec. 109.  NRS 293.267 is hereby amended to read as follows:

      293.267  1.  Ballots for a general election [or general city election] must contain the names of candidates who were nominated at the primary election , [or primary city election,] the names of the candidates of a minor political party and the names of independent candidates.

      2.  Names of candidates must be grouped alphabetically under the title and length of term of the office for which those candidates filed.

      3.  Except [for city elections and] as otherwise provided in subsection 4:

      (a) Immediately following the name of each candidate for a partisan office must appear the name of his political party or the word “independent,” as the case may be.

      (b) Immediately following the name of each candidate for a nonpartisan office must appear the word “nonpartisan.”

      4.  Where a system of voting other than by paper ballot is used, the secretary of state may provide for any placement of the name of the political party or the word “independent” or “nonpartisan” which clearly relates the designation to the name of the candidate to whom it applies.


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ê1997 Statutes of Nevada, Page 3455 (Chapter 686, SB 447)ê

 

      Sec. 110.  NRS 293.270 is hereby amended to read as follows:

      293.270 1.  Voting at any election regulated by this [chapter] Title must be on printed ballots or by any other system approved by the secretary of state or specifically authorized by law.

      2.  Voting must be only upon candidates whose names appear upon the ballot prepared by the election officers, and no person may write in the name of an additional candidate for any office.

      Sec. 111.  NRS 293.297 is hereby amended to read as follows:

      293.297  1.  Except as otherwise provided in subsection 2:

      (a) Any voter who spoils his ballot may return the spoiled ballot to the election board and receive another in its place.

      (b) The election board officers shall indicate in the pollbook that the ballot is spoiled and shall enter the number of the ballot issued in its place.

      (c) Each spoiled ballot returned must be canceled by writing the word “Canceled” across the back of the ballot. A spoiled paper ballot must be canceled without unfolding it.

      (d) A record must be made of those canceled ballots at the closing of the polls and before counting. The ballots must be placed in a separate envelope and returned to the appropriate county [or city] clerk with the election supplies.

      2.  If ballots which are voted on a mechanical recording device which directly records the votes electronically are used, the voter must be able to change his vote before the mechanical recording device permanently records that vote.

      Sec. 112.  NRS 293.309 is hereby amended to read as follows:

      293.309  1.  The county clerk of each county [and city clerk of each city] shall prepare an absent ballot for the use of registered voters who have requested absent ballots.

      2.  The ballot must be prepared and ready for distribution to a registered voter who:

      (a) Resides within the state, not later than 20 days before the election in which it is to be used; or

      (b) Resides outside the state , [:

             (1) For a primary election or general election,] not later than 40 days before [that] a primary or general election, if possible . [; or

             (2) For a primary city election or general city election, not later than 20 days before that election.]

      3.  Any legal action which would prevent the ballot from being issued pursuant to subsection 2 is moot and of no effect.

      Sec. 113.  NRS 293.310 is hereby amended to read as follows:

      293.310  1.  Except as otherwise provided in NRS 293.330, a registered voter who requests and receives an absent voter’s ballot may vote only by absent ballot at the election for which the absent ballot was issued.

      2.  If a registered voter has requested an absent ballot and the ballot has been mailed or issued, the [appropriate county or city] county clerk shall notify the precinct or district election board that the registered voter has requested an absent ballot.


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ê1997 Statutes of Nevada, Page 3456 (Chapter 686, SB 447)ê

 

      Sec. 114.  NRS 293.313 is hereby amended to read as follows:

      293.313  1.  Except as otherwise provided in NRS 293.272 and 293.502, a registered voter who provides sufficient written notice to the [appropriate county or city] county clerk, may vote an absent ballot as provided in this chapter.

      2.  A registered voter who:

      (a) Is at least 65 years old; or

      (b) Has a physical disability or condition which substantially impairs his ability to go to the polling place,

may request an absent ballot for all elections held during the year he requests an absent ballot. The registered voter [shall] must include in his request a description of his physical disability or condition.

      3.  As used in this section, “sufficient written notice” means a:

      (a) Written request for an absent ballot which is signed by the registered voter and returned to the county clerk in person or by mail;

      (b) Form prescribed by the secretary of state which is completed and signed by the registered voter and returned to the county clerk in person or by mail; or

      (c) Form provided by the Federal Government.

      4.  A county clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for both the primary and general elections unless otherwise specified in the request.

      5.  It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 115.  NRS 293.316 is hereby amended to read as follows:

      293.316  1.  Any registered voter unable to go to the polls because of illness or disability resulting in his confinement in a hospital, sanatorium, dwelling or nursing home may request in a written statement, signed by him, that the [appropriate county or city] county clerk send him an absent ballot. The clerk shall deliver the ballot, at the office of the county clerk, to any authorized representative of the voter possessing a written statement signed by the voter stating that he is confined to a dwelling or is a patient in a hospital, sanatorium or nursing home, and that he will be confined therein on election day. If any registered voter is suddenly hospitalized or becomes seriously ill or is called away from home after the time has elapsed for requesting an absent ballot as provided in NRS 293.315, and is unable to vote at the polling place, he may apply to the [appropriate] county clerk for an absent ballot at any time before 5 p.m. on the day of the election. The county clerk shall issue an absent ballot upon satisfactory proof of the emergency.

      2.  After marking his ballot the voter [shall] must place it in the identification envelope. He [shall] must affix his signature on the back of the envelope and return it to the office of the county clerk.


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ê1997 Statutes of Nevada, Page 3457 (Chapter 686, SB 447)ê

 

      3.  A request for a ballot pursuant to this section must be made, and the ballot delivered to the voter and returned to the county clerk, not later than the time the polls close on election day.

      4.  The procedure authorized by this section is subject to all other provisions of this chapter relating to absent ballot voting insofar as those provisions are not inconsistent with the provisions of this section.

      Sec. 116.  NRS 293.320 is hereby amended to read as follows:

      293.320  1.  The county [or city] clerk shall determine before issuing an absent ballot that the person making application is a registered voter in the proper county . [or city.]

      2.  Armed Forces personnel who are not registered to vote and are applying for absent ballots must complete:

      (a) The application to register to vote required by NRS 293.517 for registration; or

      (b) The form provided by the Federal Government for registration and request of an absent ballot,

before receiving an absent ballot.

      Sec. 117.  NRS 293.323 is hereby amended to read as follows:

      293.323  1.  If the request for an absent ballot is made by mail or telegram, the county [or city] clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base, or by air mail if the absent voter is in a foreign country but not on a military base, postage prepaid:

      (a) Except as otherwise provided in paragraph (b):

             (1) An absent ballot;

             (2) A return envelope;

             (3) Supplies for marking the ballot;

             (4) An envelope or similar device into which the ballot is inserted to ensure its secrecy; and

             (5) Instructions.

      (b) In those counties [or cities] using a mechanical voting system whereby a vote is cast by punching a card:

             (1) A card attached to a sheet of foam plastic or similar backing material;

             (2) A return envelope;

             (3) A punching instrument;

             (4) A sample ballot;

             (5) An envelope or similar device into which the card is inserted to ensure its secrecy; and

             (6) Instructions.

      2.  The return envelope must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.

      3.  Nothing may be enclosed or sent with an absent ballot except as required by subsection 1.


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ê1997 Statutes of Nevada, Page 3458 (Chapter 686, SB 447)ê

 

      4.  Before depositing the ballot in the mails, the county [or city] clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, his precinct or district, his political affiliation, if any, the number of the ballot and any remarks he finds appropriate.

      Sec. 118.  NRS 293.325 is hereby amended to read as follows:

      293.325  1.  Except as otherwise provided in subsections 2 and 3, when an absent ballot is returned by a registered voter to the county [or city] clerk through the mails [,] and record thereof is made in the absent ballot record book, the [appropriate county or city] county clerk shall deliver, or cause to be delivered, that ballot to the precinct or district election board.

      2.  If the county [or city] clerk has appointed an absent ballot central counting board, the county clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope against the original signature of the voter on the county clerk’s register. If the county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. On election day the county clerk shall deliver the ballot box to the absent ballot counting board to be counted.

      3.  If the county [or city] uses a mechanical voting system, the county [or city] clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope against the original signature of the county clerk’s register. If the county [or city] clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. On election day the county [or city] clerk shall deliver the ballot box to the central counting place.

      Sec. 119.  NRS 293.330 is hereby amended to read as follows:

      293.330  1.  When an absent voter receives his ballot, he must mark and fold it, if it is a paper ballot, or punch it, if the ballot is voted by punching a card, in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.

      2.  If the absent voter who has received a ballot by mail applies to vote the ballot in person at:

      (a) The county [or city] clerk’s office, he must mark or punch the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.

      (b) A polling place, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Canceled.”

      3.  Except as otherwise provided in NRS 293.316, it is unlawful for any person other than the voter who requested an absent ballot to return it. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 120.  NRS 293.333 is hereby amended to read as follows:

      293.333  1.  On the day of an election, the precinct or district election boards receiving the absent voters’ ballots from the county [or city] clerk shall, in the presence of a majority of the election board officers, deposit the ballots in the ballot box in the following manner:


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ê1997 Statutes of Nevada, Page 3459 (Chapter 686, SB 447)ê

 

      (a) The name of the voter, as shown on the return envelope, must be called and checked as if the voter were voting in person; and

      (b) The signature on the back of the return envelope must be compared with that on the original application to register to vote.

      2.  If the board determines that the absent voter is entitled to cast his ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip or stub detached from the ballot, and, if the numbers are the same, the ballot deposited in the regular ballot box.

      3.  The election board officers shall mark in the pollbook opposite the name of the voter the word “Voted.”

      Sec. 121.  NRS 293.335 is hereby amended to read as follows:

      293.335  When all absent ballots delivered to precinct or district election boards have been [either] voted or rejected, the empty envelopes and the envelopes containing rejected ballots must be returned to the county [or city] clerk. On all envelopes containing rejected ballots the cause of rejection must be noted and the envelope signed by a majority of the election board officers.

      Sec. 122.  NRS 293.337 is hereby amended to read as follows:

      293.337  The provisions of this chapter do not prohibit any registered voter who has applied for, but not received, an absent ballot from communicating that fact to the county [or city] clerk, receiving a certificate so stating and voting in person on election day in the manner provided by NRS 293.277.

      Sec. 123.  NRS 293.343 is hereby amended to read as follows:

      293.343  1.  A registered voter who resides in an election precinct in which there were not more than 200 voters registered for the last preceding general election, or in a precinct in which it appears to the satisfaction of the county [or city] clerk that there are not more than 200 registered voters, may vote at any election regulated by this chapter in the manner provided in NRS 293.345 to 293.355, inclusive.

      2.  Whenever the county [or city] clerk has designated a precinct as a mailing precinct, registered voters residing in that precinct may vote at any election regulated by this chapter in the manner provided in NRS 293.345 to 293.355, inclusive.

      Sec. 124.  NRS 293.345 is hereby amended to read as follows:

      293.345  [1.]  The county clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct, before 5 p.m. on the third Thursday in August and before 5 p.m. on the fourth Tuesday in October of any year in which a general election is to be held, an official mailing ballot to be voted by him at the election.

      [2.  The city clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct, before 5 p.m. on the third Thursday in April and before 5 p.m. on the fourth Tuesday in May of any year in which a general city election is to be held, an official mailing ballot to be voted by him at the election.]

      Sec. 125.  NRS 293.350 is hereby amended to read as follows:

      293.350  1.  The county [or city] clerk shall:

      (a) Make certain of the names and addresses of all voters registered to vote in mailing precincts and absent ballot mailing precincts;


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ê1997 Statutes of Nevada, Page 3460 (Chapter 686, SB 447)ê

 

      (b) Enroll the name and address of each voter found eligible to vote in those precincts in the mailing precinct record book;

      (c) Mark the number of the ballot on the return envelope; and

      (d) Mail the ballot to the registered voter.

      2.  Except as otherwise provided in subsection 3, the ballot must be accompanied by:

      (a) Supplies for marking the ballot;

      (b) A return envelope;

      (c) An envelope or similar device into which the ballot is inserted to ensure its secrecy;

      (d) A sample ballot; and

      (e) Instructions regarding the manner of marking and returning the ballot.

      3.  In those counties [or cities] using a mechanical voting system whereby a vote is cast by punching a card, the ballot must be accompanied by:

      (a) A sheet of foam plastic or similar backing material attached to the card;

      (b) A punching instrument;

      (c) A return envelope;

      (d) An envelope or similar device into which the card is inserted to ensure its secrecy;

      (e) A sample ballot; and

      (f) Instructions regarding the manner of punching and returning the card.

      Sec. 126.  NRS 293.353 is hereby amended to read as follows:

      293.353  Upon receipt of a mailing ballot from the county [or city] clerk, the registered voter must:

      1.  Except as otherwise provided in subsection 2:

      (a) Immediately after opening the envelope, mark and fold the ballot;

      (b) Place the ballot in the return envelope;

      (c) Affix his signature on the back of the envelope; and

      (d) Mail or deliver the envelope to the county [or city] clerk.

      2.  In those counties [or cities] using a mechanical voting system whereby a vote is cast by punching a card:

      (a) Immediately after opening the envelope, punch the card;

      (b) Place the unfolded card in the return envelope;

      (c) Affix his signature on the back of the envelope; and

      (d) Mail or deliver the envelope to the county [or city] clerk.

      Sec. 127.  NRS 293.355 is hereby amended to read as follows:

      293.355  Upon receipt of the return envelope from the registered voter, the county [or city] clerk shall follow the same procedure as in the case of absent ballots.

      Sec. 128.  NRS 293.3625 is hereby amended to read as follows:

      293.3625  The county [or city] clerk shall make a record of the receipt at the central counting place of each sealed container used to transport official ballots pursuant to NRS 293.3602, 293B.330 and 293B.335. The record must include the numbers indicated on the container and its seal pursuant to NRS 293.462.


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ê1997 Statutes of Nevada, Page 3461 (Chapter 686, SB 447)ê

 

      Sec. 129.  NRS 293.363 is hereby amended to read as follows:

      293.363  When the polls are closed, the counting board shall prepare to count the ballots voted that day. The counting procedure must be public and continue without adjournment until completed. If the ballots are paper ballots or ballots which are voted by punching a card, the counting board shall prepare in the following manner:

      1.  The pollbooks must be compared and errors corrected until the books agree.

      2.  The ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to ascertain whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If, on comparison of the count with the pollbook, a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the counting board officers and placed in the ballot box after the count is completed.

      3.  If the ballots in the box are found to exceed in number the number of names on the pollbooks, the ballots must be replaced in the box, and a counting board officer, with his back turned to the box, shall draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope and returned to the county [or city] clerk with the other ballots rejected for any cause.

      4.  When it has been ascertained that the pollbook and the number of ballots agree with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.

      Sec. 130.  NRS 293.367 is hereby amended to read as follows:

      293.367  1.  The basic factor to be considered by an election board when making a determination of whether a particular ballot must be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected.

      2.  [Regulations] The regulations for counting ballots must include provisions that:

      (a) A vote on a paper ballot may not be counted unless indicated by a cross in the appropriate square.

      (b) An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot.

      (c) If more choices than permitted by the instructions are marked for any office or question, the vote for that office or question may not be counted.

      (d) If it is impossible to determine a voter’s choice for any office or question, his vote or votes for that office or question may not be counted.


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ê1997 Statutes of Nevada, Page 3462 (Chapter 686, SB 447)ê

 

      (e) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.

      (f) Only devices provided for in this chapter or chapter 293B of NRS may be used in marking ballots.

      (g) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.

      (h) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it. Each election board officer shall sign the envelope.

      (i) In counties [or cities] where mechanical voting systems are used whereby a vote is cast by punching a card, a superfluous punch into any card does not constitute grounds for rejection of the ballot unless the election board determines that the condition of the ballot justifies its exclusion pursuant to subsection 1.

      Sec. 131.  NRS 293.368 is hereby amended to read as follows:

      293.368  1.  Whenever a candidate whose name appears upon the ballot at a [:

      (a) General] general election dies after 5 p.m. of the [3rd] third Tuesday in September [; or

      (b) General city election dies after 5 p.m. of the 3rd Tuesday in May,] and before the time of the closing of the polls on the day of the election, the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.

      2.  If the deceased candidate receives the majority of the votes cast for the office, he shall be [considered] deemed elected and the office to which he was elected shall be [considered] deemed vacant at the beginning of the term for which he was elected. The vacancy thus created must be filled in the same manner as if the candidate had died after taking office for that term.

      Sec. 132.  NRS 293.373 is hereby amended to read as follows:

      293.373  If paper ballots or ballots which are voted by punching a card are used:

      1.  After the tally lists have been completed, the counting board officers shall:

      (a) File the voted ballots on a string, enclose and seal them in an envelope marked “Election returns, voted ballots.”

      (b) File the rejected ballots on a string, enclose and seal them in an envelope marked “Election returns, rejected ballots.”

      (c) Place one of the tally lists for regular ballots and one of the pollbooks in an envelope marked “Election returns” and seal the envelope.

      2.  The voted ballots, rejected ballots, tally lists for regular ballots, tally list for rejected ballots, challenge list, stubs of used ballots, spoiled ballots and unused ballots must be sealed under cover by the counting board officers and addressed to the county [or city] clerk.

      3.  The other pollbooks, tally lists and election board register must be returned to the county [or city] clerk.


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

ê1997 Statutes of Nevada, Page 3463 (Chapter 686, SB 447)ê

 

      Sec. 133.  NRS 293.383 is hereby amended to read as follows:

      293.383  1.  Except as otherwise provided in subsection 2, each counting board, before it adjourns, shall post a copy of the voting results in a conspicuous place on the outside of the place where the votes were counted.

      2.  When votes are cast on ballots which are mechanically or electronically tabulated in accordance with the provisions of chapter 293B of NRS, the county [or city] clerk shall, as soon as possible, post copies of the tabulated voting results in a conspicuous place on the outside of the counting facility [, courthouse or city hall, in the case of a city election.] or courthouse.

      3.  Each copy of the voting results posted in accordance with subsections 1 and 2 must set forth the accumulative total of all the votes cast within the county [, city] or other political subdivision conducting the election and must be signed by the members of the counting board or the computer program and processing accuracy board.

      Sec. 134.  NRS 293.384 is hereby amended to read as follows:

      293.384  1.  Beginning at 8 a.m. on the day before the day of an election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw all the ballots deposited in the absent voters’ ballot boxes before that day and ascertain that each box has the required number of ballots according to the county [or city] clerk’s absent voters’ record.

      2.  Any absent ballots received by the county [or city] clerk after 8 a.m. on the day that the ballots are withdrawn must be held by him until the ballots received before that day have been withdrawn pursuant to subsection 1. The clerk shall [then] deposit those absent ballots in the appropriate ballot boxes.

      3.  The counting board or absent ballot central counting board shall count the number of ballots in the same manner as election boards.

      Sec. 135.  NRS 293.385 is hereby amended to read as follows:

      293.385  1.  After 8 a.m. on election day, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw all the ballots received the previous day from absent voters’ ballot boxes and ascertain that each box has the required number of ballots according to the county [or city] clerk’s absent voters’ ballot record.

      2.  If any absent ballots are received by the county [or city] clerk on election day [,] pursuant to NRS 293.316, the county [or city] clerk shall hold the ballots until ballots received before election day have been withdrawn pursuant to subsection 1. Thereafter, the county [or city] clerk shall deposit the absent ballots in the appropriate ballot boxes.

      3.  After 8 a.m. on election day, the appropriate board shall count in public the votes cast on the absent ballots.

      4.  If paper ballots are used, the results of the absent ballot vote in each precinct must be certified and submitted to the county [or city] clerk who [must] shall have the results added to the regular votes of the precinct. If a mechanical voting system is used in which a voter casts his ballot by punching a card which is counted by a computer, the absent ballots may be counted with the regular votes of the precinct. The returns of absent ballots must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of a voter’s ballot.


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ê1997 Statutes of Nevada, Page 3464 (Chapter 686, SB 447)ê

 

must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of a voter’s ballot. The county [and city] clerks shall develop a procedure to ensure that each ballot is kept secret.

      5.  Any person who disseminates to the public in any way information pertaining to the count of absent ballots before the polls close is guilty of a misdemeanor.

      Sec. 136.  NRS 293.387 is hereby amended to read as follows:

      293.387  1.  As soon as the returns from all the precincts and districts in any county [or city] have been received by the board of county commissioners , [or city council,] the board [or council] shall meet and canvass the returns. The canvass must be completed on or before the fifth working day following the election.

      2.  In making its canvass, the board [or council] shall:

      (a) Note separately any clerical errors discovered; and

      (b) Take account of the changes resulting from the discovery, so that the result declared represents the true vote cast.

      3.  The county [or city] clerk shall, as soon as the result is declared, enter upon the records of the board [or council] an abstract of the result, which must contain the number of votes cast for each candidate. The board , [or council,] after making the abstract, shall cause the county clerk [or city clerk] to certify the abstract and, by an order made and entered in the minutes of its proceedings, to make:

      (a) A copy of the certified abstract; and

      (b) A mechanized report of the abstract in compliance with regulations adopted by the secretary of state,

and transmit them to the secretary of state within 5 working days after the day after the election.

      4.  The secretary of state shall, immediately after any primary election, compile the returns for all candidates voted for in more than one county. He shall make out and file in his office an abstract thereof, and shall certify to the county clerk of each county the name of each person nominated, and the name of the office for which he is nominated.

      [5.  The city clerk shall, immediately after any primary city election, compile the returns for all candidates voted for in the city. He shall make out and file in his office an abstract thereof, and shall certify the name of each person nominated, and the name of the office for which he is nominated.]

      Sec. 137.  NRS 293.393 is hereby amended to read as follows:

      293.393  1.  On or before the fifth working day after any general election [, any general city election] or any other election at which votes are cast for any United States Senator, Representative in Congress, member of the legislature or any state officer who is elected statewide, the board of county commissioners [or city council] shall open the returns of votes cast and make abstracts of the votes.

      2.  Abstracts of votes must be prepared in the manner prescribed by the secretary of state by regulation.


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

ê1997 Statutes of Nevada, Page 3465 (Chapter 686, SB 447)ê

 

      3.  The county [or city] clerk shall make out a certificate of election to each of the persons having the highest number of votes for the district, county [, city] and township offices.

      4.  Each [such] certificate must be delivered to the person elected upon application at the office of the county [or city] clerk.

      Sec. 138.  NRS 293.395 is hereby amended to read as follows:

      293.395  1.  The board of county commissioners , [or city council,] after making the abstract of votes as provided in NRS 293.393, shall cause the county clerk [or city clerk] to certify the abstract and, by an order made and entered in the minutes of its proceedings, to make:

      (a) A copy of the certified abstract; and

      (b) A mechanized report of that abstract in compliance with regulations adopted by the secretary of state,

and forthwith transmit them to the secretary of state.

      2.  On the fourth Wednesday of November after each general election, the justices of the supreme court, or a majority thereof, shall meet with the secretary of state, and shall open and canvass the vote for the number of presidential electors to which this state may be entitled, United States Senator, Representative in Congress, members of the legislature, state officers who are elected statewide or by district, district judges, or district officers whose districts include area in more than one county and for and against any question submitted.

      3.  The governor shall issue certificates of election to and commission the persons having the highest number of votes and shall [also] issue proclamations declaring the election of those persons.

      Sec. 139.  NRS 293.403 is hereby amended to read as follows:

      293.403  1.  A candidate defeated at any election may demand and receive a recount of the vote for the office for which he is a candidate if within 3 working days after the canvass of the vote and the certification by the county clerk or city clerk of the abstract of votes:

      (a) He files in writing his demand with the officer with whom he filed his declaration of candidacy [, affidavit of candidacy] or acceptance of candidacy; and

      (b) He deposits in advance the estimated costs of the recount with that officer.

      2.  Any voter at an election may demand and receive a recount of the vote for a ballot question if within 3 working days after the canvass of the vote and the certification by the county clerk or city clerk of the abstract of votes:

      (a) He files in writing his demand with:

             (1) The secretary of state, if the demand is for a recount of a ballot question affecting more than one county; or

             (2) The county or city clerk who will conduct the recount, if the demand is for a recount of a ballot question affecting only one county or city; and

      (b) He deposits in advance the estimated costs of the recount with the person to whom he made his demand.


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

ê1997 Statutes of Nevada, Page 3466 (Chapter 686, SB 447)ê

 

      3.  The estimated costs of the recount must be determined by the person with whom the advance is deposited based on regulations adopted by the secretary of state defining the term “costs.”

      4.  As used in this section, “canvass” means:

      (a) In any primary election, the canvass by the board of county commissioners of the returns for a candidate or ballot question voted for in one county or the canvass by the board of county commissioners last completing its canvass of the returns for a candidate or ballot question voted for in more than one county.

      (b) In any primary city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.

      (c) In any general election:

             (1) The canvass by the supreme court of the returns for a candidate for a statewide office or a statewide ballot question; or

             (2) The canvass of the board of county commissioners of the returns for any other candidate or ballot question, as provided in paragraph (a).

      (d) In any general city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.

      Sec. 140.  NRS 293.443 is hereby amended to read as follows:

      293.443  1.  Except as otherwise provided in subsection 3, the expense of providing all ballots, forms and other supplies to be used at any election regulated by this chapter or sections 2 to 92, inclusive, of this act and all expenses necessarily incurred in the preparation for, or the conduct of, any such election is a charge upon the municipality, county, district or state, as the case may be.

      2.  The county or city clerk may submit [such] the printing of ballots for competitive bidding.

      3.  If a political party or other entity requests more than 50 applications to register to vote by mail, the clerk may assess a charge, not to exceed the [actual] cost of printing the applications, for each application requested in excess of 50.

      Sec. 141.  NRS 293.517 is hereby amended to read as follows:

      293.517  1.  Any elector residing within the county may register:

      (a) By appearing before the county clerk, field registrar or a voter registration agency, completing the application to register to vote and giving true and satisfactory answers to all questions relevant to his identity and right to vote;

      (b) By completing and mailing or personally delivering to the county clerk [,] an application to register to vote pursuant to the provisions of NRS 293.5235;

      (c) Pursuant to the provisions of NRS 293.501 or 293.524; or

      (d) At his residence with the assistance of a field registrar pursuant to NRS 293.5237.

The county clerk shall require a person to submit official identification as proof of residence and identity, such as a driver’s license or other official document, before registering him.

      2.  The application to register to vote must be signed under penalty of perjury by the elector registering.


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

ê1997 Statutes of Nevada, Page 3467 (Chapter 686, SB 447)ê

 

      3.  Each elector who is or has been married must be registered under his own given or first name, and not under the given or first name or initials of his spouse.

      4.  An elector who is registered and changes his name [shall] must complete a new application to register to vote. He may obtain a new application:

      (a) At the office of the county clerk or field registrar;

      (b) By submitting an application to register to vote pursuant to the provisions of NRS 293.5235;

      (c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to register to vote; or

      (d) At any voter registration agency.

If the elector fails to register under his new name, he may be challenged pursuant to the provisions of NRS 293.303 or section 34 of this act and may be required to furnish proof of identity and subsequent change of name.

      5.  An elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of his application to register to vote.

      6.  After the county clerk determines that the application to register to vote of a person is complete and that the person is eligible to vote, he shall issue a voter registration card to the voter which contains:

      (a) The name, address, political affiliation and precinct number of the voter;

      (b) The date of issuance; and

      (c) The signature of the county clerk.

      Sec. 142.  NRS 293.535 is hereby amended to read as follows:

      293.535  1.  The county clerk shall notify a registrant if any elector or other reliable person files an affidavit with him stating that:

      (a) The registrant is not a citizen of the United States; or

      (b) The registrant has:

             (1) Moved outside the boundaries of the county where he is registered to another county, state, territory or foreign country, with the intention of remaining there for an indefinite time and with the intention of abandoning his residence in the county where registered; and

             (2) Established his residence in some other state, territory or foreign country, or in some other county of this state, naming the place.

The affiant must state that he has personal knowledge of the facts set forth in the affidavit.

      2.  Upon the filing of an affidavit with him pursuant to paragraph (b) of subsection 1, the county clerk shall notify the registrant in the manner set forth in NRS 293.530 and shall enclose a copy of the affidavit. If the registrant fails to respond or appear to vote within the required time, the county clerk shall cancel his registration.

      3.  An affidavit filed pursuant to paragraph (a) of subsection 1 must be filed not later than 30 days before an election. Upon the filing of such an affidavit with him, the county clerk shall notify the registrant by registered or certified mail, return receipt requested, of the filing of the affidavit, and shall enclose a copy of the affidavit. Unless the registrant, within 15 days after the return receipt has been filed in the office of the county clerk, presents satisfactory proof of citizenship, the county clerk shall cancel his registration.


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

ê1997 Statutes of Nevada, Page 3468 (Chapter 686, SB 447)ê

 

presents satisfactory proof of citizenship, the county clerk shall cancel his registration.

      4.  [Nothing in this section may be construed to] The provisions of this section do not prevent the challenge provided for in NRS 293.303 [.] or section 34 of this act.

      Sec. 143.  NRS 293.537 is hereby amended to read as follows:

      293.537  1.  The county clerk of each county shall maintain a file of the applications to register to vote of electors who have canceled their registration. The file must be kept in alphabetical order. The county clerk shall mark the applications “Canceled,” and indicate thereon the reason for cancellation. If the county clerk finds that the registration of an elector was canceled erroneously, the county clerk shall reregister the elector or on election day allow the elector whose registration was erroneously canceled to vote pursuant to NRS 293.304 or 293.525 [.] or section 35 or 71 of this act.

      2.  The county clerk may:

      (a) Microfilm the applications to register to vote of an elector who cancels his registration and destroy the originals at any time.

      (b) Record canceled applications to register to vote by computer and destroy the originals at any time.

      (c) Destroy any application to register to vote of an elector who cancels his registration after the expiration of 3 years [from] after the date of cancellation.

      Sec. 144.  NRS 293.558 is hereby amended to read as follows:

      293.558  1.  A registered voter may submit a written request to the county clerk to have his address withheld from any list of registered voters made available for public inspection pursuant to NRS 293.301, 293.440 and 293.557 [.] and section 33 of this act.

      2.  After the county clerk receives a request from a registered voter pursuant to subsection 1, the person’s address must be withheld from any such list.

      3.  No information other than the address of a registered voter may be withheld from a list of registered voters.

      Sec. 145.  NRS 293.560 is hereby amended to read as follows:

      293.560  1.  Except as otherwise provided in NRS 293.502, registration must close at 9 p.m. on the fifth Saturday preceding any primary or general election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary or general election, [or primary or general city election,] registration must close at 9 p.m. on the fifth Saturday preceding the day of the elections.

      2.  The offices of the county clerk and other ex officio registrars must be open from 9 a.m. to 5 p.m. and the office of the county clerk must also be open from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration, according to the following schedule:

      (a) In a county whose population is less than 100,000, those offices must be open during the last 3 days before registration closes.

      (b) In all other counties, those offices must be open during the last 5 days before registration closes.


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ê1997 Statutes of Nevada, Page 3469 (Chapter 686, SB 447)ê

 

      3.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

      (a) The county clerk of each county shall cause a notice signed by him to be published in a newspaper having a general circulation in the county indicating the day that registration will be closed. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this state.

      (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

      4.  The offices of the county clerk and other ex officio registrars may remain open on October 31 in each even-numbered year.

      Sec. 146.  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, 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.

      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.


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

ê1997 Statutes of Nevada, Page 3470 (Chapter 686, SB 447)ê

 

      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. 147.  NRS 293.755 is hereby amended to read as follows:

      293.755 1.  A person who tampers or interferes with, or attempts to tamper or interfere with a mechanical voting system, mechanical voting device or any computer program used to count ballots with the intent to prevent the proper operation of that device, system or program is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  The county or city clerk shall report any alleged violation of this section to the district attorney who shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

      Sec. 148.  Chapter 293B of NRS is hereby amended by adding thereto a new section to read as follows:

      The provisions of this chapter, not inconsistent with the provisions of a city charter, apply to city elections.

      Sec. 149.  NRS 293B.130 is hereby amended to read as follows:

      293B.130  1.  Before any election where a mechanical voting system is to be used, the county [or city] clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast. The program must cause the computer or counting device to operate in the following manner:

      (a) All lawful votes cast by each voter must be counted.

      (b) All unlawful votes, including , but not limited to , overvotes or, in a primary election, votes cast for a candidate of a major political party other than the party, if any, of the voter’s registration, must not be counted.

      (c) If the election is:

             (1) A primary election held in an even-numbered year ; [, other than a presidential preference primary;] or

             (2) A general election,

the total votes, other than absentee votes and votes in a mailing precinct, must be accumulated by precinct.

      (d) The computer or counting device must halt or indicate by appropriate signal if a ballot is encountered which lacks a code identifying the precinct in which it was voted and, in a primary election, identifying the major political party of the voter.

      2.  The program must be prepared under the supervision of the accuracy certification board appointed pursuant to the provisions of NRS 293B.140.

      3.  The county clerk shall take such measures as he deems necessary to protect the program from being altered or damaged.

      Sec. 150.  NRS 293B.330 is hereby amended to read as follows:

      293B.330  1.  Upon closing of the polls, the election board shall:

      (a) Secure all mechanical recording devices against further voting.

      (b) If a mechanical voting system is used whereby votes are cast by punching a card:

             (1) Count the number of ballots in the ballot boxes.

             (2) Account for all ballots on the statement of ballots.


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

ê1997 Statutes of Nevada, Page 3471 (Chapter 686, SB 447)ê

 

             (3) Place all official ballots, the ballot statement and any other records, reports and materials as directed by the county [or city] clerk into the container provided by him to transport those items to a central counting place and seal the container.

      (c) If a mechanical voting system is used whereby votes are directly recorded electronically:

             (1) Ensure that each mechanical recording device:

                   (I) Provides a record printed on paper of the total number of votes recorded on the device for each candidate and for or against each measure; and

                   (II) Transfers the ballots voted on that device to the storage device required pursuant to NRS 293B.084.

             (2) Count the number of ballots voted at the polling place.

             (3) Account for all ballots on the statement of ballots.

             (4) Place all records printed on paper provided by the mechanical recording devices, all storage devices which store the ballots voted on the mechanical recording devices, and any other records, reports and materials as directed by the county [or city] clerk into the container provided by him to transport those items to a central counting place and seal the container.

      2.  The county [or city] clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsection 1 if those members do not interfere with the handling of the ballots.

      Sec. 151.  NRS 293B.335 is hereby amended to read as follows:

      293B.335  1.  The chairman and at least one other member of the election board shall deliver the sealed container to a receiving center or to the central counting place, as directed by the county [or city] clerk. If practicable, the other board member must be of a different political party than the chairman.

      2.  The chairman shall provide for the transportation or other disposition of all other supplies and election materials as directed by the county clerk.

      3.  Any member of the general public may observe the delivery of a sealed container to a receiving center or to the central counting place if he does not interfere with the delivery of the sealed container.

      Sec. 152.  NRS 293B.390 is hereby amended to read as follows:

      293B.390  In addition to the duties prescribed in NRS 293B.145, 293B.155 and 293B.165, and section 82 of this act, the accuracy certification board shall certify as to whether in their judgment the ballots were accurately counted. If they determine an inaccuracy exists, they shall furnish a written explanation for their determination.

      Sec. 153.  NRS 294A.290 is hereby amended to read as follows:

      294A.290  1.  The filing officer shall give to each candidate who files his declaration of candidacy [,] or acceptance of candidacy [or affidavit of candidacy] a copy of the form set forth in subsection 2. The filing officer shall inform the candidate that subscription to the code is voluntary.


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

ê1997 Statutes of Nevada, Page 3472 (Chapter 686, SB 447)ê

 

      2.  The code must be in the following form:

 

CODE OF FAIR CAMPAIGN PRACTICES

 

       There are basic principles of decency, honesty and fair play which every candidate for public office in the State of Nevada has a moral obligation to observe and uphold, in order that, after vigorously contested but fairly conducted campaigns, the voters may exercise their constitutional right to vote for the candidate of their choice and that the will of the people may be fully and clearly expressed on the issues.

       THEREFORE:

       1.  I will conduct my campaign openly and publicly and limit attacks against my opponent to legitimate challenges to his voting record or qualifications for office.

       2.  I will not use character defamation or other false attacks on a candidate’s personal or family life.

       3.  I will not use campaign material which misrepresents, distorts or otherwise falsifies the facts, nor will I use malicious or unfounded accusations which are intended to create or exploit doubts, without justification, about the personal integrity of my opposition.

       4.  I will not condone any dishonest or unethical practice which undermines the American system of free elections or impedes or prevents the full and free expression of the will of the voters.

       I, the undersigned, as a candidate for election to public office in the State of Nevada, hereby voluntarily pledge myself to conduct my campaign in accordance with the principles and practices set forth in this code.

 

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

Date                                                                   Signature of Candidate

      3.  A candidate who subscribes to the code and submits the form set forth in subsection 2 to the filing officer may indicate on his campaign materials that he subscribes to the code.

      4.  The secretary of state shall provide a sufficient number of copies of the form to the county clerks, registrar of voters and other filing officers.

      Sec. 154.  NRS 294A.390 is hereby amended to read as follows:

      294A.390  The officer from whom a candidate or entity requests a form for:

      1.  A declaration of candidacy;

      2.  An acceptance of candidacy;

      3.  [An affidavit of candidacy;

      4.]  The registration of a committee for political action pursuant to NRS 294A.230 or a committee for the recall of a public officer pursuant to 294A.250; or

      [5.]4.  The reporting of campaign contributions, expenses or expenditures pursuant to NRS 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360,

shall furnish the candidate with the necessary forms for reporting and copies of the regulations adopted by the secretary of state pursuant to this chapter.


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

ê1997 Statutes of Nevada, Page 3473 (Chapter 686, SB 447)ê

 

An explanation of the applicable provisions of NRS 294A.100, 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 relating to the making, accepting or reporting of campaign contributions, expenses or expenditures and the penalties for a violation of those provisions as set forth in NRS 294A.100 or section 12 of this act must be printed on the forms. The candidate or entity shall acknowledge receipt of the material.

      Sec. 155.  NRS 306.015 is hereby amended to read as follows:

      306.015  1.  Before a petition to recall a public officer is circulated, the persons proposing to circulate the petition must file a notice of intent with the filing officer with whom the public officer to be recalled filed his declaration of candidacy [,] or acceptance of candidacy [or affidavit of candidacy] pursuant to NRS 293.185 [, 293.620 or 293.640.] or section 3 or 5 of this act.

      2.  The notice of intent:

      (a) Must be signed by three registered voters who actually voted in the state or in the county, district or municipality electing the officer at the last preceding general election.

      (b) Must be signed before a person authorized by law to administer oaths that the statements and signatures contained in the notice are true.

      (c) Is valid until the date on which the call for a special election is issued, as set forth in NRS 306.040.

      3.  The persons filing the notice of intent shall submit the petition to the county clerk pursuant to NRS 306.035 within 60 days after the date on which the notice of intent was filed. Any person who fails to file the petition as required by this subsection is guilty of a misdemeanor. Copies of the petition are not valid for any subsequent petition.

      4.  The county clerk shall, upon completing the verification of the signatures on the petition, file the petition with the filing officer with whom the public officer to be recalled filed his declaration of candidacy [,] or acceptance of candidacy . [or affidavit of candidacy.]

      5.  Any person who signs a petition to recall any public officer may remove his name from the petition by submitting a request in writing to the county clerk at any time before the petition is submitted for the verification of the signatures thereon pursuant to NRS 306.035.

      6.  A person who signs a notice of intent pursuant to subsection 1 or a petition to recall a public officer is immune from civil liability for conduct related to the exercise of his right to participate in the recall of a public officer.

      Sec. 156.  NRS 306.110 is hereby amended to read as follows:

      306.110  1.  A petition to nominate other candidates for the office must be signed by registered voters of the state, or of the county, district or municipality holding the election, equal in number to 25 percent of the number of registered voters who voted in the state, or in the county, district or municipality holding the election at the general election at which the public officer was elected.

      2.  The nominating petition must be filed, at least 15 days before the date of the special election, with the officer with whom the recall petition is filed.


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

ê1997 Statutes of Nevada, Page 3474 (Chapter 686, SB 447)ê

 

      3.  Each candidate who is nominated for office must file an acceptance of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 or by the governing body of a city at least 15 days before the date of the special election.

      Sec. 157.  NRS 306.120 is hereby amended to read as follows:

      306.120  Any special election [shall] must be conducted [as provided in chapter] pursuant to the provisions of:

      1.  Chapter 293 of NRS for primary and general elections.

      2.  Sections 2 to 92, inclusive, of this act for primary city elections and general city elections.

      Sec. 158.  NRS 236.015 is hereby amended to read as follows:

      236.015  1.  The following days are declared to be legal holidays for state, county and city governmental offices:

January 1 (New Year’s Day)

Third Monday in January (Martin Luther King, Jr.’s Birthday)

Third Monday in February (Washington’s Birthday)

Last Monday in May (Memorial Day)

July 4 (Independence Day)

First Monday in September (Labor Day)

October 31 (Nevada Day)

November 11 (Veterans’ Day)

Fourth Thursday in November (Thanksgiving Day)

Friday following the fourth Thursday in November (Family Day)

December 25 (Christmas Day)

Any day that may be appointed by the President of the United States for public fast, thanksgiving or as a legal holiday except for any Presidential appointment of the fourth Monday in October as Veterans’ Day.

 

      2.  Except as otherwise provided by NRS 293.560 [,] and section 72 of this act, all state, county and city offices, courts, banks, savings and loan associations, public schools and the University and Community College System of Nevada must close on the legal holidays enumerated in subsection 1 unless in the case of appointed holidays all or a part thereof are specifically exempted.

      3.  If January 1, July 4, October 31, November 11 or December 25 falls upon a:

      (a) Sunday, the Monday following must be observed as a legal holiday.

      (b) Saturday, the Friday preceding must be observed as a legal holiday.

      [4.  To celebrate the 500th anniversary of the arrival of Cristoforo Columbo in the New World, October 12, 1992, is hereby declared to be a legal holiday for state, county and city governmental offices. All state, county and city offices, courts, banks, savings and loan associations, public schools and the University and Community College System of Nevada must close on this day.]

      Sec. 159.  NRS 266.038 is hereby amended to read as follows:

      266.038  A person who wishes to become a candidate for an elective office of a newly created city must:

      1.  Reside within the boundaries of the newly created city; and


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      2.  File [an affidavit] a declaration of candidacy with the county clerk not less than 30 days nor more than 90 days before the date of the election.

      Sec. 160.  NRS 267.110 is hereby amended to read as follows:

      267.110  1.  Any city having adopted a charter [under] pursuant to the provisions of NRS 267.010 to 267.140, inclusive, has [under] pursuant to the charter:

      (a) All of the powers enumerated in the general laws of the state for the incorporation of cities.

      (b) Such other powers necessary and not in conflict with the constitution and laws of the State of Nevada to carry out the commission form of government.

      2.  The charter, when submitted, must:

      (a) Fix the number of commissioners, their terms of office and their duties and compensation.

      (b) Provide for all necessary appointive and elective officers for the form of government therein provided, and fix their salaries and emoluments, [their] duties and powers.

      (c) Fix, in accordance with the provisions of [NRS 293.620 and 293.630] sections 3 and 4 of this act or with the provisions of [NRS 293.640,] section 5 of this act the time for the first and subsequent elections for all elective officers . [, and, after] After the first election and the qualification of the officers [thereat] who were elected, the old officers and all boards or offices and their emoluments must be abolished . [, together with the emoluments thereof, and cease to exist.]

      Sec. 161.  NRS 281.575 is hereby amended to read as follows:

      281.575  The secretary of state and each county or city clerk who receives a declaration of candidacy, acceptance of candidacy [, affidavit of candidacy] or certificate of candidacy shall give to the candidate the form prescribed by the commission for the making of a statement of financial disclosure, accompanied by instructions on how to complete the form, where it must be filed and the time by which it must be filed.

      Sec. 162.  NRS 283.040 is hereby amended to read as follows:

      283.040  1.  Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:

      (a) The death or resignation of the incumbent.

      (b) The removal of the incumbent from office.

      (c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.

      (d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040 or 293.1755 [.] or section 10 of this act.

      (e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010, or, when a bond is required by law, his refusal or neglect to give [such] the bond within the time prescribed by law.

      (f) Except as otherwise provided in NRS 266.400, the ceasing of the incumbent to be a resident of the state, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office or appointed to office.


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ê1997 Statutes of Nevada, Page 3476 (Chapter 686, SB 447)ê

 

or from which he was elected or appointed, or in which he was required to reside to be a candidate for office or appointed to office.

      (g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness, or absence from the state or county, as provided by law.

      (h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.

      2.  Upon the happening of any of the events [enumerated] described in subsection 1, [should the incumbent fail or refuse] if the incumbent fails or refuses to relinquish his office, the attorney general shall, if the office [affected] is a state office or concerns more than one county, or the district attorney shall, if the office [affected] is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring [such] that office vacant.

      Sec. 163.  NRS 349.015 is hereby amended to read as follows:

      349.015 1.  Except as otherwise provided in subsection 3, the sample ballot required to be mailed pursuant to NRS 293.565 or section 73 of this act, and the notice of election must contain:

      (a) The time and places of holding the election.

      (b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.

      (c) The purposes for which the bonds are to be issued.

      (d) A disclosure of any:

            (1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued and its probable effect on the tax rate; and

             (2) Requirement relating to the bond question which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.

      (e) An estimate of the annual cost to operate, maintain and repair any buildings, structures or other facilities or improvements to be constructed or acquired with the proceeds of the bonds.

      (f) The maximum amount of the bonds.

      (g) The maximum rate of interest.

      (h) The maximum number of years which the bonds are to run.

      2.  Any election called pursuant to NRS 349.010 to 349.070, inclusive, may be consolidated with a primary or general election.

      3.  If the election is consolidated with a general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the general election.

      Sec. 164.  NRS 349.017 is hereby amended to read as follows:

      349.017  1.  If the bond question is submitted at a general election, no notice of registration of electors is required other than that required by the [general election] laws for [such] a general election.

      2.  If the bond question is submitted at a special election, the clerk of each county shall cause to be published , at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 50 days nor less than 42 days next preceding the election, in a newspaper published within the county, if any is so published, and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as provided in this section.


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ê1997 Statutes of Nevada, Page 3477 (Chapter 686, SB 447)ê

 

consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 50 days nor less than 42 days next preceding the election, in a newspaper published within the county, if any is so published, and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as provided in this section.

      3.  Except as otherwise provided in subsection 4, the office of the county clerk in each county of this state [shall] must be open for such a special election, from 9 a.m. to 12 m. and 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.

      4.  The office of the county clerk [shall] must be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sundays and any legal holidays excepted, during the last days of registration as provided in subsection 2 of NRS 293.560 [.] and subsection 2 of section 72 of this act.

      5.  The office of the county clerk [shall be opened] must be open for registration of voters for such a special election up to but excluding the 30th day next preceding [such] that election and during regular office hours.

      Sec. 165.  NRS 350.024 is hereby amended to read as follows:

      350.024  1.  Except as otherwise provided in subsection 3, the sample ballot required to be mailed pursuant to NRS 293.565 or section 73 of this act and the notice of election must contain:

      (a) The time and places of holding the election.

      (b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.

      (c) The purposes for which the obligations are to be issued or incurred.

      (d) A disclosure of any:

             (1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued or incurred and its probable effect on the tax rate; and

             (2) Requirement relating to the proposal which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.

      (e) The maximum amount of the obligations, including the anticipated interest, separately stating the total principal, the total anticipated interest and the anticipated interest rate.

      (f) The maximum number of years which the obligations are to run.

      (g) An estimate of the range of tax rates necessary to provide for debt service upon the obligations for the dates when they are to be redeemed. The county assessor shall, for each such date, estimate the assessed value of the property against which the obligations are to be issued or incurred, and the governing body shall estimate the tax rate based upon the assessed value of the property as given in the assessor’s estimates.

      2.  If an operating or maintenance rate is proposed in conjunction with the question to issue obligations, the questions may be combined, but the sample ballot and notice of election must each state the tax rate required for the obligations separately from the rate proposed for operation and maintenance.


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ê1997 Statutes of Nevada, Page 3478 (Chapter 686, SB 447)ê

 

      3.  Any election called pursuant to NRS 350.020 to 350.070, inclusive, may be consolidated with a primary or general municipal election or a primary or general state election. The notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the election with which it is consolidated.

      4.  If the election is a special election, the clerk shall cause notice of the close of registration to be published in a newspaper printed in and having a general circulation in the municipality once in each calendar week for [two] 2 successive calendar weeks next preceding the close of registration for the election.

      Sec. 166.  NRS 350.027 is hereby amended to read as follows:

      350.027  1.  In addition to any requirements imposed pursuant to NRS 350.024, any sample ballot required to be mailed pursuant to NRS 293.565 or section 73 of this act and any notice of election, for an election that includes a proposal for the issuance by any municipality of any bonds or other securities, including an election that is not called pursuant to NRS 350.020 to 350.070, inclusive, must contain an estimate of the annual cost to operate, maintain and repair any buildings, structures or other facilities or improvements to be constructed or acquired with the proceeds of the bonds or other securities.

      2.  For the purposes of this section, “municipality” has the meaning ascribed to it in NRS 350.538.

      Sec. 167.  Section 5.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 517, Statutes of Nevada 1979, at page 1001, is hereby amended to read as follows:

       Sec. 5.010  Primary election.

       1.  A primary election must be held on the date fixed by the [Nevada] election laws [,] of this state, at which time there must be nominated candidates for offices to be voted for at the next general election.

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

       3.  A candidate for mayor, supervisor, municipal judge or any other office not otherwise provided for by law [shall] must pay to the clerk, at the time of filing the [affidavit] declaration of candidacy, the filing fee in the amount fixed by chapter 293 of NRS for county offices.

       4.  All candidates for the office of mayor and supervisor, and candidates for the office of municipal judge if a third department of the municipal court has been established, must be voted upon by the registered voters of Carson City at large.

       5.  If only two persons file for a particular office, their names must not appear on the primary ballot but their names must be placed on the ballot for the general election.

       6.  If in the primary election one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, his name alone must be placed on the ballot for the general election.


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ê1997 Statutes of Nevada, Page 3479 (Chapter 686, SB 447)ê

 

election. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest numbers of votes must be placed on the ballot for the general election.

      Sec. 168.  Section 8 of chapter 227, Statutes of Nevada 1975, as last amended by chapter 466, Statutes of Nevada 1991, at page 1361, is hereby amended to read as follows:

       Sec. 8.  1.  The Authority must be governed by a Board of Governors consisting of five members appointed or elected as follows:

       (a) One member appointed by the board of supervisors of the City of Elko, who must be a current member of the board of supervisors;

       (b) One member appointed by the board of county commissioners of Elko County, who must be a current member of the board of county commissioners;

       (c) Two members elected at large, who must reside within the City of Elko and within the boundaries of the Authority; and

       (d) One member elected at large, who must reside outside the City of Elko but within the boundaries of the Authority.

       2.  Subject to the provisions of subsection 3, the terms of those members appointed pursuant to paragraphs (a) and (b) of subsection 1 are coterminous with their respective terms in their specified elective offices.

       3.  Those members appointed pursuant to paragraph (a) or (b) of subsection 1 may be removed by the appointing board with or without cause.

       4.  Any vacancy occurring among the members of the Board appointed [under] pursuant to paragraph (a) or (b) of subsection 1 must be filled promptly by the board which appointed the member whose position has become vacant. Any vacancy occurring among the members of the board elected pursuant to paragraph (c) or (d) of subsection 1 must be filled promptly by appointment by the board of county commissioners of Elko County. The member appointed by the board of county commissioners to fill a vacancy in a position created pursuant to paragraph (c) or (d) must not be a member of the board of county commissioners but must meet the residency requirements for the vacant position.

       5.  If a member elected pursuant to paragraph (c) or (d) of subsection 1 or appointed to fill a vacancy in a position created pursuant to one of those paragraphs ceases to reside in the area specified in the paragraph under which he was elected or appointed, he is automatically disqualified from serving on the Board. A disqualified member’s position must be filled by the prompt appointment of a successor in the manner specified in subsection 4.

       6.  The term of a person appointed to fill a vacancy is the unexpired term of the member he replaces.

       7.  A general authority election must be held in conjunction with the general election in 1992 and with such elections every 2 years thereafter. The three members of the Board described in paragraphs (c) and (d) of subsection 1 must be elected at the general authority election in 1992.


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ê1997 Statutes of Nevada, Page 3480 (Chapter 686, SB 447)ê

 

in 1992. The offices created pursuant to those paragraphs are nonpartisan. Each candidate for one of these offices must file [an affidavit] a declaration of candidacy with the county clerk not earlier than January 1 preceding the election and not later than 5 p.m. on the third Friday in August of the year of the election. The terms of office of the members described in paragraphs (c) and (d) of subsection 1 are 4 years, except that, the initial term of office of one of the members described in paragraph (c) of subsection 1 is 2 years. The county clerk shall designate the seat which will have an initial term of 2 years before any candidate files an affidavit of candidacy for the election. The period for registering to vote in the general authority election must be closed on the 30th calendar day preceding the date of the election. All persons who are qualified to vote at general elections in this state and reside within the boundaries of the authority upon the date of the close of registration are entitled to vote at the general authority election. The Board shall reimburse the county clerk for all costs of each general authority election. Except as otherwise provided in this subsection, a general authority election must be carried out in the same manner as provided for other general elections in Title 24 of NRS.

      Sec. 169.  Section 5.010 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 596, Statutes of Nevada 1995, at page 2214, is hereby amended to read as follows:

       Sec. 5.010  Primary election.

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

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

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

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

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

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


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ê1997 Statutes of Nevada, Page 3481 (Chapter 686, SB 447)ê

 

      Sec. 170.  Section 5.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 462, Statutes of Nevada 1993, at page 1468, is hereby amended to read as follows:

       Sec. 5.020  Primary elections; declaration of candidacy.

       1.  Except as otherwise provided in this subsection, a candidate for any office to be voted for at an election [shall] must file [an affidavit] a declaration of candidacy with the city clerk not less than 30 nor more than 40 days before the day of the primary election. A candidate for any office to be voted for at a regular election held after June 1995 [shall file an affidavit] must file a declaration of candidacy with the city clerk not earlier than the first Monday in May of the year in which the election is to be held nor later than 5 p.m. on the third Monday in May. The city clerk shall charge and collect from the candidate and the candidate [shall] must pay to the city clerk, at the time of filing the [affidavit] declaration of candidacy, a filing fee of $25 . [for filing an affidavit of candidacy.] All filing fees so collected by the city clerk must be deposited to the credit of the general fund of the city.

       2.  [If for any general municipal election held before July 1995, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the Tuesday following the first Monday in May preceding the general election. If for any general municipal election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary municipal election but must be placed on the ballot for the general election.

       3.] If for any general election held after June 1995, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the first Tuesday in September preceding the general election. If for any general election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election.

       [4.] 3.  In the primary election:

       (a) The names of the two candidates for municipal judge, city attorney, or a particular city council seat, as the case may be, who receive the highest number of votes must be placed on the ballot for the general election.

       (b) Candidates for councilman who represent a specific ward must be voted upon only by the registered voters of that ward.

       (c) Candidates for mayor and councilman at large must be voted upon by all registered voters of the city.

       [5.] 4.  The mayor and all councilmen must be voted upon by all registered voters of the city at the general election.


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ê1997 Statutes of Nevada, Page 3482 (Chapter 686, SB 447)ê

 

      Sec. 171.  Section 5.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 24, Statutes of Nevada 1987, at page 61, is hereby amended to read as follows:

       Sec. 5.020  Primary municipal elections: Declaration of candidacy.

       1.  A candidate for any office to be voted for at any general municipal election [shall] must file [an affidavit] a declaration of candidacy with the city clerk not less than 30 nor more than 40 days before the [1st] first Tuesday after the [1st] first Monday in May preceding the general election.

       2.  If for any general municipal election there are three or more candidates for the offices of mayor, city attorney or municipal judge [,] or three or more candidates from each ward to represent the ward as a member of the city council, a primary election for that office must be held on the [1st] first Tuesday after the [1st] first Monday in May preceding the general election.

       3.  Candidates for the offices of mayor, city attorney and municipal judge must be voted upon by the registered voters of the city at large. Candidates to represent a ward as a member of the city council must be voted upon by the registered voters of the ward to be represented by them.

       4.  The names of the two candidates for mayor, city attorney and municipal judge and the names of the two candidates to represent the ward as a member of the city council from each ward who receive the highest number of votes at the primary election must be placed on the ballot for the general election.

      Sec. 172.  NRS 293.327, 293.570, 293.573, 293.575, 293.577, 293.580, 293.583, 293.610, 293.620, 293.630, 293.640, 293.650, 293.660 and 293.670 are hereby repealed.

      Sec. 173.  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. 174.  Sections 97, 108, 114, 119, 145, 146, 154, 162 and 167 of this act become effective at 12:01 a.m. on October 1, 1997.

      Sec. 175.  The legislative counsel shall:

      1.  In preparing the reprint and supplements to Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to “affidavit of candidacy” to “declaration of candidacy.”

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any reference to “affidavit of candidacy” to “declaration of candidacy.

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